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Full text of "San Francisco Health Code"

CITY AND COUNTY OF 

SAN FRANCISCO 

MUNICIPAL CODE 



HEALTH CODE 




¥ 



MUNICIPAL CODE CORPORATION 



Tallahassee, Florida 



2006 



CITY AND COUNTY OF SAN FRANCISCO 
MUNICIPAL CODE 



Charter 

Administrative Code 

Building and Related Technical Codes 

Business and Tax Regulations Code 

Campaign and Governmental Conduct Code 

Environment Code 

Fire Code 

Health Code 

Municipal Elections Code 

Park Code 

Planning Code 

Police Code 

Port Code 

Public Works Code 

Subdivision Code 

Traffic Code 

Zoning Maps 



Supp. No. 1, September 2006 



[INTENTIONALLY LEFT BLANK] 



Supp. No. 1, September 2006 



PREFACE TO THE 
HEALTH CODE 



The San Francisco Municipal Code contains ordinances enacted through 
Ordinance 52-08, File Number 071672, Approved March 31, 2008. A 
legislative history, containing ordinance number and approval date, is 
located at the conclusion of most sections. The legislative history of 
ordinances approved after March 1999 also contain Board of Supervi- 
sors file numbers. 



Supp. No. 15, March 2008 



[INTENTIONALLY LEFT BLANK] 



Supp. No. 15, March 2008 



HEALTH CODE 

Article Page 

1. ANIMALS 3 

1A. ANIMAL SACRIFICE 55 

2. COMMUNICABLE DISEASES 75 

3. HOSPITALS 105 

4. DECEASED PERSONS 145 

5. PUBLIC HEALTH-GENERAL 161 

6. GARBAGE AND REFUSE 191 

7. LAUNDRIES 231 

8. FOOD AND FOOD PRODUCTS 245 

9. DAIRY AND MILK CODE 301 

10. MEAT AND MEAT PRODUCTS 315 

11. NUISANCES 331 

12. SANITATION— GENERAL 375 

12A. BACKFLOW PREVENTION 401 

12B. SOIL BORING AND WELL REGULATIONS.... 417 

13. [RESERVED] 455 

14. AMBULANCES AND ROUTINE MEDICAL TRANSPORT VEHICLES . . 475 

15. PUBLIC SWIMMING POOLS 501 

16. REGULATING THE USE OF "ECONOMIC POISONS" 513 

17. DISPOSAL OF UNCLAIMED PERSONAL PROPERTY AT SAN 
FRANCISCO GENERAL HOSPITAL 519 

18. PROVIDING FOR ISSUANCE OF CITATIONS TO VIOLATORS 525 

19. SMOKING POLLUTION CONTROL 535 

19A. REGULATING SMOKING IN EATING ESTABLISHMENTS 545 

19B. REGULATING SMOKING IN SHARED OFFICE WORKPLACE 555 

19C. REGULATING SMOKING IN PUBLIC PLACES AND IN HEALTH, 

EDUCATIONAL AND CHILD CARE FACILITIES 561 

19D. PROHIBITING CIGARETTE VENDING MACHINES 575 

19E. PROHIBITING SMOKING IN PLACES OF EMPLOYMENT AND 

CERTAIN SPORTS ARENAS 581 



Supp. No. 14, February 2008 



San Francisco - Health Code 2 

Article Page 

19F. PROHIBITING SMOKING IN ENCLOSED AREAS AND SPORTS 

STADIUMS 591 

19G. ENFORCEMENT OF SMOKING PROHIBITIONS 603 

19H. PERMITS FOR THE SALE OF TOBACCO 609 

191. PROHIBITING SMOKING IN CITY PARK AND RECREATIONAL 

AREAS 621 

20. ALKYL NITRITES 635 

21. HAZARDOUS MATERIALS 645 

21A. RISK MANAGEMENT PROGRAM 701 

22. HAZARDOUS WASTE MANAGEMENT 725 

22A. ANALYZING SOILS FOR HAZARDOUS WASTE 741 

23. VIDEO DISPLAY TERMINAL WORKER SAFETY 755 

24. CHLOROFLUOROCARBON RECOVERY AND RECYCLING 775 

25. MEDICAL WASTE GENERATOR REGISTRATION, PERMITTING, 
INSPECTIONS AND FEES 791 

26. COMPREHENSIVE ENVIRONMENTAL LEAD POISONING 
INVESTIGATION, MANAGEMENT AND ENFORCEMENT PROGRAM. 821 

27. HEALTH SERVICE SYSTEM AGREEMENT 865 

28. MEDICAL CANNABIS USER AND PRIMARY CAREGIVER 
IDENTIFICATION CARDS 871 

29. LICENSING AND REGULATION OF MASSAGE PRACTITIONERS .... 885 

30. REGULATION OF DIESEL BACKUP GENERATORS 911 

31. HUNTERS POINT SHIPYARD 925 

32. DISEASE PREVENTION DEMONSTRATION PROJECT 945 

33. MEDICAL CANNABIS ACT 951 

34. HEALTHY PRODUCTS, HEALTHY CHILDREN ORDINANCE 985 

36. CHILD COUGH AND COLD MEDICINE WARNING ORDINANCE 999 

37. TRANS FAT FREE RESTAURANT PROGRAM ORDINANCE 1011 

INDEX 1175 



Supp. No. 14, February 2008 



ARTICLE 1: ANIMALS 



Sec. 


1. 


Report of Diseases of Animals 
Required. 


Sec. 


41.11. 


Sec. 


2. 


Penalty. 


Sec. 


41.12. 


Sec. 


7. 


Contagious Diseases of Animals. 


Sec. 


41.13 


Sec. 


12. 


Keeping of Cows. 


Sec. 


41.14 


Sec. 


17. 


Dog Hospitals, Kennels, etc. 






Sec. 


27. 


Stable Permits. 






Sec. 


32. 


Keeping of Beef Cattle. 






Sec. 


37. 


Keeping and Feeding of Small 
Animals, Poultry and Game 
Birds. 


Sec. 


41.15, 


Sec. 


38. 


Penalty. 


Sec. 


41.16. 


Sec. 


39. 


Reporting of dog bites. 






Sec. 


40. 


Dog to be Controlled so as Not 


Sec. 


41.17. 






to Commit Nuisances. 


Sec. 


41.18. 


Sec. 


40.5. 


Protection for Dogs in Motor 










Vehicles. 


Sec. 


41.19. 


Sec. 


40.6. 


Enclosure of Animals in Motor 
Vehicles. 


Sec. 


41.20. 


Sec. 


41. 


Definitions. 


Sec. 


41.21. 


Sec. 


41.1. 


Commission of Animal Control 
and Welfare; Membership; 


Sec. 


41.22. 






Appointment; Term. 


Sec. 


41.23. 


Sec. 


41.2. 


Powers and Duties. 


Sec. 


41.24. 


Sec. 


41.3. 


Reports. 


Sec. 


41.25. 


Sec. 


41.4. 


Animal Care and Control 


Sec. 


41.26. 






Department; Establishment; 


Sec. 


42. 






Appointment of Animal Control 


Sec. 


42.1. 






Officer; Powers and Duties of 


Sec. 


42.2. 






Animal Care and Control 


Sec. 


42.3. 






Department. 


Sec. 


42.4. 


Sec. 


41.5. 


Animal Control Officer; Powers 










and Duties; Badges. 


Sec. 


42.5. 


Sec. 


41.5.1. 


Biting Dogs. 


Sec. 


42.6. 


Sec. 


41.6. 


Impoundment. 


Sec. 


42.7. 


Sec. 


41.7. 


Periods of Impoundment. 


Sec. 


43. 


Sec. 


41.8. 


Redemption. 


Sec. 


43.1. 


Sec. 


41.9. 


Disposition of Animals. 






Sec. 


41.10. 


Charges and Fees. 







Quarantine; Delivery of 

Carcass. 

Duties of Owners or Guardians. 

Penalties. 

Enforcement Against Violations 

on Property Under Jurisdiction 

of Recreation and Park 

Commission; Designated 

Officers and Employees. 

Dogs: Dog License Fee 

Licensing Requirement; Fees; 

Term of License. 

Reduction in Fee-Special 

Circumstances. 

Fees — Late Payment Penalty. 

Vaccination Required for 

License. 

Young Dog Certificate. 

Certificate to Owner or 

Guardian. 

Removal of Tag Prohibited. 

Duplicate License or 

Registration Tag Issued. 

Exceptions. 

Enforcement. 

Penalties. 

Annual Adjustment of Fees. 

Definitions. 

Fight Training Prohibited. 

Registration. 

Seizure of Dog: Hearings. 

Penalty; Misdemeanor or 

Infraction. 

Enforcement. 

Rewards. 

Severability. 

Definition of Pit Bull. 

Mandatory Spaying and 

Neutering of Pit Bulls; 

Exceptions. 



San Francisco - Health Code 



Sec. 43.2. Penalties for Failure to Spay or 

Neuter Pit Bull. 
Sec. 43.3. Allocation of Fees and Fines 

Collected. 
Sec. 43.4. Operative Date. 

Sec. 44. Requiring a Permit for the 

Breeding and Transferring of 

Pit Bull Puppies. 
Sec. 44.1. Granting or Denying a Permit. 

Sec. 44.2. Relocation of Permit. 

Sec. 44.3. Transference and Sale of Pit 

Bull Puppies. 
Sec. 44.4. Fines for Failure to Comply 

with Permit Requirements. 
Sec. 44.5. Allocation of Fees and Fines 

Collected. 
Sec. 44.6. Exceptions to Permit Posting 

Requirements. 
Sec. 44.7. Operative Date. 

Sec. 48. Unlawful to Sell Fowl or 

Rabbits as Pets or Novelties. 
Sec. 49. Sale of Certain Animals 

Prohibited. 
Sec. 50. Prohibition. 

Sec. 50.1. Sale of Wild and Potentially 

Dangerous Animals Prohibited. 
Sec. 51. Definition of "Wild and 

Potentially Dangerous Animal." 
Sec. 52. Animals Eligible for Permits. 

Sec. 53. Application and Fee for Permit. 

Sec. 54. Confinement Regulations. 

Sec. 55. Other Laws. 

Sec. 56. Review of Application for 

Permit. 
Sec. 57. Permit Restrictions. 

Sec. 58. Term and Renewal of Permits. 

Sec. 59. Revocation of Permits. 

Sec. 60. Exceptions. 

Sec. 61. Exception — For Transportation 

of Animals Through City and 

County. 
Sec. 62. Notice of Escape. 

Sec. 63. Impoundment. 

Sec. 64. Notice of Removal. 



Sec. 65. Disposition of Wild and 

Potentially Dangerous Animals. 
Sec. 66. Penalty. 

SEC. 1. REPORT OF DISEASES OF 
ANIMALS REQUIRED. 

Every veterinary physician or surgeon, and 
every person practicing as such, and every per- 
son owning or having animals in his care within 
the City and County of San Francisco, shall 
present to the Department of Public Health of 
said City and County a written notice of the 
existence of any and every case of glanders or 
farcy or other contagious or infectious diseases in 
animals, which may have come under his obser- 
vation or to his knowledge, which notice shall be 
given within two days thereafter, and shall con- 
tain the name and residence of the possessor of 
the animal so diseased so far as the same can be 
ascertained, a description of the animal, and 
where last seen by the person giving the notice 
and be signed by him. 

SEC. 2. PENALTY. 

Any person violating any of the provisions of 
Section 1 of this Article shall be deemed guilty of 
a misdemeanor, and, on conviction, shall be 
punished by a fine of not less than $20 nor more 
than $500, or by imprisonment in the County 
Jail not less than 20 days nor more than six 
months. 

SEC. 7. CONTAGIOUS DISEASES OF 
ANIMALS. 

No animal affected with any infectious or 
contagious disease shall be brought or kept within 
the limits of the City and County of San Fran- 
cisco, except by permission of the Department of 
Public Health of said City and County. 

It is hereby made the duty of all persons 
having any knowledge thereof to report promptly 
to said Department of Public Health all cases of 
animals affected with any infectious or conta- 
gious disease, and all cases which may be re- 
garded as suspicious or which exhibit symptoms 
of any contagious or infectious disease. 



Animals 



Sec. 27. 



The Department of Public Health shall, upon 
locating any animal sick as aforesaid, at once 
order a quarantine against the premises in which 
said animal is kept, said quarantine to operate 
only against the exposure of animals to conta- 
gion or infection, and shall not be a bar to any 
person from entering or leaving said premises, 
unless the disease with which the animal is 
affected is dangerous to mankind. 

The owner or custodian of any sick animal as 
aforesaid must, upon demand by the Depart- 
ment of Public Health, show to the satisfaction of 
said Department that he or she is competent to 
properly care for said animal, or that the animal 
is under the care of a veterinary surgeon. 

If any developed case of sickness shall be 
pronounced incurable by the said Department, 
or by its designated veterinary surgeon, said 
Department is hereby authorized, empowered 
and directed to kill the animal so infected with 
incurable sickness, and to make such disposition 
of the carcass thereof as it may deem best; 
provided, however, that if the owner or manager 
of said animal at the time of such decree has 
employed a recognized veterinary surgeon to 
treat the animal and said veterinarian does not 
agree with the Department of Public Health as 
to the impossibility of effecting a cure, then and 
in that event the owner or manager of such 
animal shall be given the benefit of the doubt, 
and a reasonable time, not to exceed 30 days, 
shall be allowed such owner or manager in which 
to demonstrate to the Department of Public 
Health that the animal can be cured; and, pro- 
vided further, that no carcass of any animal dead 
of an infectious or contagious disease, or killed 
on account thereof, shall be buried within 500 
feet of any residence. 

SEC. 12. KEEPING OF COWS. 

It shall be unlawful for any person, firm or 
corporation to keep or cause to be kept any cows 
within the limits of the City and County of San 
Francisco, except as herein provided. 

Any person, firm or corporation may keep 
one cow upon any lot within the City and County, 



subject to provisions of Section 27 of this Article 
and all other laws and ordinances regulating the 
erection and maintenance of stables. 

Any person, firm or corporation may keep 
two or more cows if the person, firm or corpora- 
tion so keeping the same shall set apart for the 
use of each two cows so kept at least one acre of 
land, and such cows shall have full access thereto. 

The provisions of this Section shall not apply 
to cattle temporarily confined for slaughtering 
purposes, nor to cattle in transit. 

SEC. 17. DOG HOSPITALS, KENNELS, 
ETC. 

It shall be unlawful for any person, firm or 
corporation, or association, to erect, establish or 
maintain any dog hospital, dog kennel, or hospi- 
tal for sick animals within the City and County 
of San Francisco, without permission first ob- 
tained from the Department of Public Health. 

SEC. 27. STABLE PERMITS. 

It shall be unlawful to construct and main- 
tain a stable, or to maintain an existing stable 
for one or more horses, donkeys, mules, cows, 
goats or livestock without a permit therefor from 
the Department of Public Health. The provisions 
of this Section and the provisions of Part II, 
Chapter I, of the Municipal Code shall not apply 
in cases where not more than two female goats 
are kept for the exclusive use of the owner's 
family. 

No permit shall be granted for a stable here- 
after to be constructed and maintained, or for the 
future maintenance as a stable of a building not 
used as such, except on the report of the Depart- 
ment of Public Health, or other such satisfactory 
evidence, that the proposed place of construction 
or maintenance of such stable is unobjectionable 
from the point of view of sanitation and of the 
health and physical welfare of the inhabitants of 
the immediate neighborhood of its location. 

The provisions of this Section and the provi- 
sions Part II Chapter I of the Municipal Code 
shall not apply to an activity where, for less than 
12 hours per day, horses are being hitched or 
unhitched, or standing or being fed waiting to be 



Sec. 27. 



San Francisco - Health Code 



hitched or unhitched, provided such activity does 
not require or involve the construction or main- 
tenance of a building. 

The Department of Public Health shall not 
refuse a permit for the maintenance of a stable in 
a building now constructed and maintained as a 
stable except upon satisfactory evidence that 
such stable is conducted in an insanitary man- 
ner and the failure to remove the objection to the 
manner of its maintenance within a time to be 
prescribed by said Department. 

A permit granted hereunder is subject to 
revocation by the Department of Public Health. 

No permit shall be refused or revoked by the 
Department of Public Health except after a full 
hearing, and then only in the exercise of a sound 
and reasonable discretion by said Department. 
(Amended by Ord. 75-87, App. 3/20/87) 

SEC. 32. KEEPING OF BEEF CATTLE. 

It shall be unlawful for any person, firm or 
corporation to keep or cause to be kept, any beef 
cattle within the boundaries of the City and 
County of San Francisco, excepting as hereinaf- 
ter provided: 

For the sole purpose of loading, unloading 
and confining in corrals of beef cattle enroute to 
the slaughtering houses, the provisions of this 
Section shall not apply to that part of the City 
and County bounded and described as follows: 

Commencing at the intersection of the south- 
erly line of Islais Creek with the southwesterly 
line of Authur Avenue and running thence south- 
easterly along the southwesterly line of Arthur 
Avenue to the northeasterly line of Ingalls Street; 
thence southwesterly along the northeasterly 
line of Ingalls Street to the southwesterly line of 
Galvez Avenue; thence northwesterly along the 
southwesterly line of Galvez Avenue to the south- 
easterly line of Third Street; thence southwest- 
erly along the southeasterly line of Third Street 
to the northeasterly line of Jerrold Avenue; thence 
northwesterly along the northeasterly line of 
Jerrold Avenue to the northwesterly line of Phelps 
Street; thence along Phelps Street in a southerly 
direction to Newcomb Avenue; thence along New- 
comb Avenue to Quint Street; thence along Quint 



Street in a southerly direction to Scotia Avenue; 
thence along Scotia Avenue to Silver Avenue; 
thence along Silver Avenue to Augusta Street; 
thence along Augusta Street to Elmira Street; 
thence along Elmira Street to Islais Creek Chan- 
nel; thence westerly to the tracks of the Ocean 
Shore Railway; thence northerly along the tracks 
of the Ocean Shore Railway to Napoleon Street; 
thence along Napoleon Street to Islais Creek; 
thence along Islais Creek to Third Street; thence 
along Third Street to the point of commence- 
ment. 

SEC. 37. KEEPING AND FEEDING OF 
SMALL ANIMALS, POULTRY AND GAME 
BIRDS. 

(a) Number of animals. It shall be unlaw- 
ful for any person, firm or corporation to keep or 
feed, or cause to be kept or fed, or permit to be 
kept or fed, on any premises over which any such 
person, firm or corporation may have control 
within residential districts, (1) more than three 
dogs of age six months or older without obtaining 
a proper permit and license to operate a dog 
kennel as defined in Section 220 of the San 
Francisco Business and Tax Regulations Code, 
and (2) more than a total of four of the following 
in any combination: dogs of age six months or 
older unless part of a dog kennel, hares, rabbits, 
guinea pigs, rats, mice, gerbils, chickens, tur- 
keys, geese, ducks, doves, pigeons, game birds of 
any species, or cats. Nothing in this section, 
however, shall prohibit the feeding of any wild 
bird not specifically prohibited by this section 
unless such feeding creates a public health nui- 
sance. 

(b) Enclosures. Any person, firm or corpo- 
ration, keeping, feeding, or causing to be kept or 
fed, or permitting to be kept or fed, on premises 
over which such person, firm or corporation may 
have control, four or less hares, rabbits, guinea 
pigs, rats, mice, gerbils, chickens, turkeys, geese, 
ducks, doves, pigeons, parrots of any species, 
game birds of any species or wild animals of any 
species except those animals prohibited by Sec- 
tion 50 of this Code, shall keep same in coops or 
enclosures that are approved by the Director of 
Public Health. Where the coops or enclosures are 



Animals 



Sec. 37. 



located on the outside of or on top of any build- 
ings, premises or structures, the coops or enclo- 
sures shall be not less than 20 feet from any door 
or window of any building used for human habi- 
tation. 

(c) Prohibition. It shall be unlawful for 
any person, firm or corporation to engage in the 
business of keeping, feeding, or breeding any 
hares, rabbits, guinea pigs, rats, mice, gerbils, 
chickens, turkeys, geese, ducks, doves, pigeons, 
parrots of any species, game birds of any species, 
dogs, cats, for commercial purposes, within the 
residential districts. 

(d) Commercial Purposes. It is hereby 
declared to be unlawful to conduct for commer- 
cial purposes any establishment in which dogs, 
cats, hares, rabbits, guinea pigs, rats, mice, 
gerbils, chickens, turkeys, geese, ducks, doves, 
pigeons, parrots of any species, game birds of any 
species, are kept and maintained in the commer- 
cial or industrial districts without first obtaining 
from the Department of Public Health a permit 
so to do. 

No permit shall be issued by the Department 
to any person, firm or corporation, to keep or 
maintain for commercial purposes any of the 
above named fowl, animals or birds within the 
commercial or industrial districts, unless said 
person, firm or corporation has complied in full 
with the following requirements: 

(1) It shall be unlawful to establish hereaf- 
ter any place of business for the sale of the fowl, 
animals or birds specified above within 25 feet of 
any door, window or other opening of any dwell- 
ing, apartment house or hotel if live fowl, ani- 
mals or birds intended for sale are kept therein; 
provided, however, that this restriction shall not 
apply if a wall, ceiling, floor or other imperme- 
able barrier between the place of business and 
such habitation will prevent odors and noise 
from disturbing the occupants of the habitation. 
It shall be unlawful to keep said live fowl, 
animals or birds in any basement, sub-basement 
or cellar in any place of business unless such 
basement, sub-basement or cellar is adequately 
ventilated, as approved by the Director of Public 
Health and is also adequately lighted, com- 



pletely rodent-proofed and complies fully with 
the sanitary requirements set forth in Section 
440 of this Code. 

(2) The floors of all such premises must be 
of waterproof material, smooth and of durable 
construction properly drained to the sewer. These 
floor surfaces shall be coved at the juncture of 
the floor and wall with a 3/8-inch minimum 
radius coving and shall extend up the wall at 
least four inches. 

(3) The premises shall be rodent-proof, all 
openings properly fly-screened, and adequate 
provision must be made for the elimination of all 
odors. 

(4) The walls and ceilings of all such pre- 
mises must be of durable, smooth, nonabsorbent, 
washable surface, and be light- colored. 

(5) In all premises where slaughtering of 
fowl, birds or animals is carried on in connection 
with the keeping of said fowl, birds or animals, 
the killing room must be entirely separate from 
that part of the premises occupied by the live 
fowl, animals or birds. 

Refrigerating equipment must be installed 
for the reception of the dressed fowl, birds or 
animals, properly connected to the sewer. Toilet 
and lavatory facilities for the use of the employ- 
ees engaged in the handling and slaughtering of 
such birds, animals or fowl must be installed in 
conformity with the provisions of the San Fran- 
cisco Plumbing Code. 

(e) Exceptions. The terms and provisions 
of this Section shall not apply to the keeping, 
liberation for exercise, or racing of homing or 
carrier pigeons which are not raised or kept for 
the market or for commercial purposes, and the 
lofts or pigeons houses wherein said homing or 
carrier pigeons are kept are elevated at least 
three feet above the ground or other foundation 
upon post-legs or pillars completely surrounded 
or covered by smooth, jointless galvanized sheet 
metal and within not less than 20 feet from the 
door or window of any building used for human 
habitation, and the entire floor and sides for at 
least two feet extending upwards from the bot- 
tom of the floor of said lofts or pigeons houses, 
are covered or protected by galvanized iron or its 



Sec. 37. 



San Francisco - Health Code 



equivalent, concrete or 18 gauge wire mesh of 
not more than 1/2-inch and the interior of said 
lofts or pigeons houses, wherein such carrier or 
homing pigeons are kept, are registered by the 
owners thereof with the Department of Public 
Health and the said lofts or pigeon houses shall 
be inspected by the Department at least once a 
year. 

(f) Definition. For the purposes of this 
Section, the terms "residential district," "commer- 
cial district," and "industrial district" shall have 
the same meanings as those found in the San 
Francisco Planning Code. (Amended by Ord. 
256- 90, App. 6/29/90; Ord. 185-00, File No. 
000335, App. 8/11/2000; Ord. 125-01, File No. 
010269, App. 6/15/2001) 

SEC. 38. PENALTY. 

Any person, firm or corporation violating any 
of the provisions of Section 37 of this Article shall 
be deemed guilty of a misdemeanor, and upon 
conviction thereof shall be punished by a fine of 
not more than $100, or by imprisonment in the 
County Jail for not more than 30 days, or by both 
such fine and imprisonment. 

SEC. 39. REPORTING OF DOG BITES. 

(a) Any person who owns and/or is in con- 
trol of a dog that bites a human or other domestic 
animal shall provide his or her name and ad- 
dress and present his or her driver's license or 
other form of identification and information re- 
garding the rabies vaccination of the biting dog 
to the person bitten or the person responsible for 
the animal bitten. The owner or the person in 
control of the biting dog shall provide his or her 
current residence address. If the person bitten is 
a minor, the owner or person in control of the 
biting dog shall provide the required information 
to the parent or guardian of the minor. 

(b) In addition to the above requirements, it 
shall be the duty of any person having knowl- 
edge of any animal which has bitten a human 
being or other animal within the City and County 
to immediately, and in no case later than the end 
of the next business day, report the fact to the 
Department of Animal Care and Control and to 
furnish as much information as possible, includ- 



ing date, time and location of bite, description of 
animal or person bitten, name and license num- 
ber of the biting animal, and rabies vaccination 
history of the biting animal. (Added by Ord. 
14-05, File No. 041555, App. 1/21/2005) 

SEC. 40. DOG TO BE CONTROLLED SO 
AS NOT TO COMMIT NUISANCES. 

(a) It shall be unlawful for any person own- 
ing or having control or custody of any dog to 
permit the animal to defecate upon the public 
property of this City or upon the private property 
of another unless the person immediately re- 
move the feces and properly dispose of it; pro- 
vided, however, that nothing herein contained 
authorizes such person to enter upon the private 
property of another without permission. 

(b) It shall be unlawful for any person to 
walk a dog on public property of this City or upon 
the private property of another without carrying 
at all times a suitable container or other suitable 
instrument for the removal and disposal of dog 
feces. 

(c) Visually handicapped persons who use 
Seeing Eye Guide Dogs are exempt from this law. 
(Amended by Ord. 420-78, App. 9/8/78) 

SEC. 40.5. PROTECTION FOR DOGS IN 
MOTOR VEHICLES. 

It shall be unlawful to transport a dog in a 
motor vehicle upon any street within the City 
and County of San Francisco unless the dog is 
fully enclosed within the motor vehicle or is 
protected by a belt, tether, cage, container or 
other device that will prevent the dog from 
falling, jumping or being thrown from the motor 
vehicle. (Added by 491-84, App. 12/13/84) 

SEC. 40.6. ENCLOSURE OF ANIMALS IN 
MOTOR VEHICLES. 

No dog or other animal shall be left com- 
pletely enclosed in a parked vehicle without 
adequate ventilation, or in such a way as to 
subject the animal to extreme temperatures which 
may adversely affect the animal's health and 
welfare. (Added by Ord. 166-85, App. 3/28/85) 



Animals 



Sec. 41.1. 



SEC. 41. DEFINITIONS. 

As used in Sections 41.1 through 41.25, in- 
clusive, of this Article, the following terms shall 
have the following meanings: 

(a) "At large" shall mean any dog off the 
premises of its owners or guardians and not 
under restraint by a leash, rope or chain of not 
more than eight (8) feet in length, and any other 
animal not under physical restraint. 

(b) "Animal" shall mean and include any 
bird, mammal, reptile, or other creature; except 
fish. 

(c) "City and County" shall mean the City 
and County of San Francisco. 

(d) "Dog" shall include female as well as 
male dogs. 

(e) "Health Officer" shall mean the Director 
of the Department of Public Health of the City 
and County, or any employee of said Department 
or other person authorized by said officer to act 
on his or her behalf. 

(f) "Hoofed Animal" shall mean and include 
horse, mare, gelding, mule, burro, sheep, cow, 
goat or any other animal with a hoofed foot. 

(g) "Owner" shall mean any person who 
possesses, has title to or an interest in, harbors 
or has control, custody or possession of an ani- 
mal, and the verb forms of "to own" shall include 
all those shades of meaning. 

(h) "Person" shall mean and include corpo- 
rations, estates, associations, partnerships and 
trusts, as well as one or more individual human 
beings. 

(i) "Barking Dog" is defined as a dog that 
barks, bays, cries, howls or makes any other 
noise continuously and incessantly for a period of 
10 minutes to the disturbance of any other 
person. 

(j) "Animal Care and Control Department" 
shall mean the department under the City Ad- 
ministrator authorized to perform the functions 
described in Sections 41.4 and 41.5 of this Article 
and any other ordinance or law that delegates 
such authority to the Animal Care and Control 
Department or its Director. 



(k) "Animal Control Officer" or "Animal Care 
and Control Officer" shall mean the Director of 
the Animal Care and Control Department. 

(1) "Authorized Licensing Entity" shall mean 
an individual or entity that has entered into an 
agreement with the Director of Animal Care and 
Control to accept applications and payments for 
dog licenses, and issue such licenses to dog 
owners or guardians in accordance with the 
requirements of Sections 41.15 through 41.20. 
Such individuals or entities may include, but are 
not limited to, other departments of the City and 
County, licensed veterinarians practicing in the 
City and County, retailers of pet supplies and 
providers of animal care services engaged in 
business in the City and County, and nonprofit 
organizations engaged in promoting animal wel- 
fare. 

(m) "Guardian" shall have the same rights 
and responsibilities of an owner, and both terms 
shall be used interchangeably. (Added by Ord. 
226-73, File No. 136-73-1, App. 6/22/73; amended 
by Ord. 386-75, File No. 312-75-1, App. 9/2/75; 
Ord. 182-89, File No. 97-89-14, App. 6/5/89; Ord. 
2-02, File No. 010491, App. 1/18/02; Ord. 5-03, 
File No. 021645, App. 1/24/2003) 

SEC. 41.1. COMMISSION OF ANIMAL 
CONTROL AND WELFARE; 
MEMBERSHIP; APPOINTMENT; TERM. 

There is hereby established a Commission to 
be known as the Commission of Animal Control 
and Welfare of the City and County of San 
Francisco (hereafter called "Commission"), con- 
sisting of 11 members. 

The Commission of Animal Control and Wel- 
fare shall consist of the Director of the Animal 
Care and Control Department or his or her 
designated representative, seven members to be 
appointed by the Board of Supervisors and one 
City Department representative member ap- 
pointed by each of the following: the Director of 
the Department of Public Health or his or her 
designated representative, the Chief of Police or 
his or her designated representative, and the 
General Manager of the Recreation and Park 
Department or his or her designated representa- 



Sec. 41.1. 



San Francisco - Health Code 



10 



tive. The members appointed by the Board of 
Supervisors shall be six members representing 
the general public having interest and experi- 
ence in animal matters and one licensed veteri- 
narian practicing in San Francisco. Each mem- 
ber of the Commission of Animal Control and 
Welfare of the City and County of San Francisco 
shall be a resident of the City and County of San 
Francisco, except for the licensed veterinarian, 
who must practice in San Francisco, but who 
need not be a resident of San Francisco. 

Voting members of the Commission shall 
consist only of the seven members appointed by 
the Board of Supervisors. The Director of the 
Animal Care and Control Department, the Di- 
rector of the Department of Public Health, the 
Chief of Police, and the General Manager of the 
Recreation and Park Department, or their des- 
ignated representatives, shall report to the Com- 
mission regarding their respective Department's 
activities, and participate in general discussions 
before the Commission as non-voting members. 

Three of the members who are first ap- 
pointed by the Board of Supervisors shall be 
designated to serve for terms of one year and 
three for two years from the date of their appoint- 
ment. Thereafter, members shall be appointed as 
aforesaid for a term of two years, except that all 
of the vacancies occurring during a term shall be 
filled for the unexpired term. A member shall 
hold office until his or her successor has been 
appointed and has qualified. The Commission 
shall elect a chairman from among its appointed 
members. 

Any member who misses three regularly sched- 
uled meetings of the Commission during each 
two-year term without the express approval of 
the Commission given at a regularly scheduled 
meeting will be deemed to have resigned from 
the Commission. 

The term of office as chairman of the Com- 
mission shall be for the calendar year or for the 
portion thereof remaining after each such chair- 
man is elected. No member of the Commission 
shall receive compensation for serving thereon. 

No two individuals on the Commission shall 
be representatives, employees or officers of the 



same group, association, corporation, organiza- 
tion, or City Department. (Added by Ord. 226-73, 
File No. 136-73-1, App. 6/22/73; amended by Ord. 
59-82, File No. 66-80-3, App. 2/19/82; Ord. 182- 
89, File No. 97-89-14, App. 06/05/89; Ord. 394-89, 
File No. 118-89-4, App. 11/6/89; Ord. 107-99, File 
No. 990211, App. 5/7/99) 

SEC. 41.2. POWERS AND DUTIES. 

In addition to any other powers and duties 
set forth in this Article, the Commission shall 
have the power and duty to: 

(a) Hold hearings and submit recommenda- 
tions regarding animal control and welfare to the 
Board of Supervisors and the City Administra- 
tor. 

(b) Study and recommend requirements for 
the maintenance of animals in public, private, 
and commercial care. 

(c) Work with the Tax Collector, the Direc- 
tor of the Animal Care and Control Department, 
and authorized licensing entities to develop and 
maintain dog licensing procedures and make 
recommendations on fees. (Added by Ord. 226- 
73, File No. 136-73-1, App. 6/22/73; amended by 
Ord. 59-82, File No. 66-80-3, App. 2/19/82; Ord. 
182-89, File No. 97-89-14, App. 06/05/89; Ord. 
182-89, File No. 97-89-14, App. 06/05/89; Ord. 
2-02, File No. 010491, App. 1/18/02) 

SEC. 41.3. REPORTS. 

The Commission shall render a written re- 
port of its activities to the Board of Supervisors 
quarterly. Such report shall include: 

(a) Recommendations to the Board of Super- 
visors, the Mayor, and the Chief Administrative 
Officer for the development of policies and pro- 
cedures which will further the objectives of ani- 
mal welfare and control. 

(b) Recommendations to the Board of Super- 
visors, the Mayor, and the Chief Administrative 
Officer of additional legislation deemed by the 
Commission to be necessary for animal welfare 
and control. 



11 



Animals 



Sec. 41.5. 



(c) Recommendations of actions to be taken 
by any agency, board, officer of this City and 
County for the purposes of furthering the objec- 
tives of animal welfare and control. (Added by 
Ord. 226-73, File No. 136-73-1, App. 6/22/73; 
amended by Ord. 182-89, File No. 97-89-14, App. 
06/05/89) 

SEC. 41.4. ANIMAL CARE AND 
CONTROL DEPARTMENT; 
ESTABLISHMENT; APPOINTMENT OF 
ANIMAL CONTROL OFFICER; POWERS 
AND DUTIES OF ANIMAL CARE AND 
CONTROL DEPARTMENT. 

(a) Effective July 1, 1989, there is hereby 
established an Animal Care and Control Depart- 
ment under the jurisdiction of the City Adminis- 
trator. The Department shall consist of a Direc- 
tor and such employees and assistants as may be 
necessary to carry out the work and functions of 
the Department. The City Administrator shall 
appoint an Animal Control Officer who shall 
serve at the pleasure of the City Administrator 
as the Director of the Animal Care and Control 
Department. 

(b) The Animal Care and Control Depart- 
ment shall have the following functions: 

(1) To operate an animal shelter; 

(2) To provide nourishment and medical care 
for animals in its care; basic health screening for 
all animals and a disease control program for the 
facility; vaccination of animals; euthanasia of 
animals by barbiturate injection or other hu- 
mane methods; sale of dog licenses; volunteer 
programs; information on animal control laws, 
pet owner or guardian responsibilities and pet 
care; and maintenance of records of all animal 
control activities; 

(3) To enforce the provisions of this Article 
and any other ordinances and laws that pertain 
to the care and control of animals; 

(4) To charge and collect the fees, fines and 
deposits as required by this Article and any other 
ordinances and laws that pertain to the care and 
control of animals; and 



(5) To carry out the duties and functions of 
the Animal Control Officer as defined in Article I 
of this Code, Section 985 of this Code, Sections 
220 through 221.3 of the San Francisco Business 
and Tax Regulations Code, and any other ordi- 
nances and laws pertaining to the care and 
control of animals. (Added by Ord. 226-73, File 
No. 136-73-1, App. 6/22/73; amended by Ord. 
182-89, File No. 97-89-14, App. 06/05/89; Ord. 
2-02, File No. 010491, App. 1/18/02; Ord. 5-03, 
File No. 021645, App. 1/24/2003) 

SEC. 41.5. ANIMAL CONTROL OFFICER; 
POWERS AND DUTIES; BADGES. 

(a) The Animal Control Officer shall have 
the following powers and duties: 

1. To enforce the provisions of Sections 41.1 
through 41.25, inclusive of this Article, and to 
impound any animal at large in violation thereof. 

2. To cooperate with the Health Officer in 
the enforcement of animal quarantine directives. 

3. To keep a record of the number, descrip- 
tion, and disposition of all animals impounded or 
otherwise taken into custody, showing in detail 
in the case of each animal the date of receipt, the 
date and manner of disposal, the name of the 
person reclaiming, redeeming, or purchasing said 
animal; the fees, charges and proceeds of sales 
received, and such additional records as the 
Controller of the City and County may prescribe. 
Such records shall not be removed except upon 
written order of a court of competent jurisdiction 
or other duly constituted authority. 

4. To appoint Deputy Animal Control Offi- 
cers whose authority shall be the same as that of 
the Animal Control Officer as herein set forth. 

5. To enter into agreements with individu- 
als and entities, including but not limited to, 
other departments of the City and County, li- 
censed veterinarians practicing in the City and 
County, retailers of pet supplies and providers of 
animal care services engaged in business in the 
City and County, and nonprofit organizations 
engaged in promoting animal welfare, to autho- 
rize these entities to receive applications and 
payment for dog licenses, and to issue such 



Sec. 41.5. 



San Francisco - Health Code 



12 



licenses in accordance with the requirements of 
Sections 41.15 through 41.20 and 41.23 of this 
Article. 

It shall be unlawful for any person to oppose, 
resist, or otherwise interfere with the Animal 
Control Officer or his or her duly authorized 
deputies or agents in the performance of the 
duties herein set forth. 

(b) The Animal Control Officer and his or 
her deputies, while engaged in the execution of 
duties that involve field patrols, emergency re- 
sponse activities, impoundment of animals, issu- 
ance of citations, enforcement of animal quaran- 
tine directives, and any other activities related 
to the enforcement of animal care and control 
laws shall wear in plain view a badge, having in 
the case of the Animal Control Officer the words 
"Animal Care and Control Officer" and in the 
case of any Deputy Animal Control Officer the 
words "Deputy Animal Care and Control Officer" 
engraved thereon. (Added by Ord. 226-73, File 
No. 136-73-1, App. 6/22/73; amended by Ord. 
182-89, File No. 97-89-14, App. 06/05/89; Ord. 
2-02, File No. 010491, App. 1/18/02) 

SEC. 41.5.1. BITING DOGS. 

For purposes of this Section a biting dog shall 
be defined as follows: Any dog that bites any 
person or other animal in the City and County of 
San Francisco, provided, however, that the per- 
son or animal bitten was not at the time either 
provoking or teasing the dog without cause. For 
the purposes of this Section, the records of dog 
bites kept by the Department of Public Health 
shall be deemed official records and shall estab- 
lish a rebuttal presumption of the number of 
bites recorded. 

(a) (i) If a dog is reported and recorded by 
the Department of Public Health to have bitten 
any person or animal, the owner or guardian of 
said dog shall be deemed guilty of an infraction 
which shall be punishable by a fine of $25. The 
Director of Public Health shall inform the Police 
Department of the bite of said dog and the Police 
Department shall issue a citation to the owner or 
guardian of said dog. 

(ii) In the event that a biting dog causes 
severe injuries to a person or other animal, the 
Director of Public Health may recommend that 



such dog be declared a menace to the public 
health and safety and he shall so inform the 
District Attorney by a written Complaint. The 
District Attorney shall then bring said written 
complaint to the Municipal Court for a finding 
that the dog is a menace to the public health and 
safety. If the Court finds the dog to be a menace 
to the public health and safety, the owner or 
guardian thereof shall be subject to the provi- 
sions of paragraph (c) of this Section, and upon 
order of the Court, the Animal Control Officer or 
a Police Officer shall impound, hold and hu- 
manely destroy the dog in accordance with the 
procedures of paragraph (c) of this Section. 

(b) If a dog is reported and recorded by the 
Department of Public Health to have bitten any 
person or animal a second time within 12 con- 
secutive months from the first bite, the owner or 
guardian of said dog shall be deemed guilty of a 
misdemeanor and shall be punishable by a fine 
of not less than $25 nor more than $250 or by 
imprisonment in the County Jail for a period of 
not more than six months, or by both such fine 
and imprisonment. The Director of Public Health 
shall inform the Police Department of the second 
bite of said dog and the Police Department shall 
issue a citation to the owner or guardian of said 
dog. 

(c) If a dog is reported and recorded by the 
Department of Public Health to have bitten any 
person or animal within 12 consecutive months 
from said dog's second bite, the Director of Public 
Health shall recommend said dog be declared to 
be a menace to the public health and safety and 
shall so inform the District Attorney by a written 
complaint. The District Attorney shall then bring 
said written complaint to the Municipal Court 
for a finding that the dog is a menace to the 
public health and safety. If the Court finds the 
dog to be a menace to the public health and 
safety, the owner or guardian thereof shall be 
guilty of a misdemeanor and shall be punishable 
by a fine of not less than $50 nor more than $500 
or by imprisonment in the County Jail for a 
period of not more than six months, or by both 
such fine and imprisonment. Upon order of the 
Court, the Animal Control Officer or a Police 
Officer shall immediately impound the dog, and 



13 



Animals 



Sec. 41.7. 



after a period of 10 days from the time of im- 
poundment, the dog shall be humanely de- 
stroyed unless the owner or guardian shows the 
Court good cause why said dog should not be 
destroyed. (Added by Ord. 77-75, File No. 136- 
74-1, App. 3/12/75; amended by Ord. 232-78, File 
No. 59-78-2, App. 5/19/78; Ord. 5-03, File No. 
021645; App. 1/24/2003) 



SEC. 41.6. IMPOUNDMENT. 

Any animal engaging in an activity or exist- 
ing in a condition which is prohibited by the 
provisions of Section 41.1 through 41.13, inclu- 
sive, of this Article, shall be taken up and im- 
pounded by the Animal Control Officer or taken 
to a veterinarian, as provided by State law. 

It shall be the duty of every police officer, 
while on duty, to notify the Animal Control 
Officer of any animal which he or she knows to 
be injured or required to be impounded. 

Any person may take up and deliver to the 
Animal Control Officer any animal at large in 
the City and County on public property or upon 
said person's private property or any animal 
owned by such person. Upon releasing owner- 
ship or guardianship of an animal to the Animal 
Control Officer, the owner or guardian shall sign 
and be offered a receipt by the Animal Control 
Officer. 

Every person taking up any animal under 
the provisions of this Section shall immediately 
thereafter give notice thereof to the Animal Con- 
trol Officer, and every such person or any person 
in whose custody such animal may, in the mean- 
time, be placed, shall deliver such animal to the 
Animal Control Officer without fee or charge, 
and the Animal Control Officer shall thereupon 
hold and dispose of said animal in the same 
manner as though said animal had been found at 
large and impounded. (Added by Ord. 226-73, 
File No. 136-73-1, App. 6/22/73; amended by Ord. 
77-75, App. 3/12/75; Ord. 280-91, File No. 118- 
90-7, App. 07/03/91; Ord. 5-03, File No. 021645, 
App. 1/24/2003) 



SEC. 41.7. PERIODS OF 
IMPOUNDMENT. 

All periods of impoundment herein referred 
to shall be deemed to commence at 12:01 a.m. of 
the day following the day of impoundment. 

(a) All dogs, whether or not licensed or 
bearing identification and all other animals bear- 
ing identification shall be kept by the Animal 
Control Officer for a period of not less than 96 
hours, unless redeemed within such period. The 
Animal Control Officer shall, within 24 hours of 
impoundment, telephone the owner or guardian 
of record of any animal wearing a license tag or 
identification, and failing to reach said owner or 
guardian by telephone within said 24 hour pe- 
riod, he shall immediately send notice of impound- 
ment to said owner or guardian by mail. The 
owner or guardian of record shall be charged for 
the cost of all such notice of impoundment. 

(b) Any impounded animal which is of a 
type referred to in Section 17003 of the Agricul- 
tural Code of the State of California shall be kept 
by the Animal Control Officer for at least five 
days unless it is redeemed within such period. If 
not so redeemed, said animal shall be turned 
over to the Bureau of Livestock Identification for 
disposition by that office. 

(c) Any other animal, the impoundment of 
which is not otherwise specifically covered by 
law, shall be kept for at least 48 hours unless 
redeemed within such period. A wild animal 
which has been taken up by the Animal Control 
Officer shall be deemed not to be impounded 
unless there is reason to believe it has an owner 
or guardian. Such an animal need not be re- 
tained for any minimum period of time, but shall 
be returned to a park or wild area where lawful, 
unless said animal is dangerous or suffering 
excessively, in which case it may be forthwith 
humanely destroyed. 

(d) Any animal which is voluntarily surren- 
dered to the Animal Control Officer by the owner 
or guardian shall be deemed not to be impounded 
and need not be kept by the Animal Control 
Officer for any minimum period of time. 



Sec. 41.7. 



San Francisco - Health Code 



14 



(e) Any animal which is placed in the cus- 
tody of the Animal Control Officer by a public 
officer, on behalf of a person who is at the time 
unable to care for such animal, shall be deemed 
not to have been impounded and may be re- 
claimed by its owner or guardian upon payment 
to the Animal Control Officer of the charges for 
feeding and caring for said animal as set forth in 
Section 41.10 hereof. Any animal held in custody 
as provided herein which is not reclaimed by its 
owner or guardian within 14 days after notice to 
reclaim has been given to said owner or guardian 
shall be deemed to be abandoned and may be 
sold, destroyed or otherwise disposed of by the 
Animal Control Officer, provided, however, that 
if said animal is dangerous to retain or is suffer- 
ing excessively, it may forthwith be humanely 
destroyed by the Animal Control Officer. (Added 
by Ord. 226-73, File No. 136-73-1, App. 6/22/73; 
amended by Ord. 5-03, File No. 021645, App. 
1/24/2003) 

SEC. 41.8. REDEMPTION. 

The owner or guardian of any animal im- 
pounded or taken into custody may, at any time 
before the disposition thereof, redeem the same 
by paying all proper fees and charges accrued as 
provided for in Section 41.10 hereof, provided, 
however, that if the animal is subject to the 
licensing provisions of this Code, said licensing 
requirements shall also be satisfied before the 
animal shall be released. (Added by Ord. 226-73, 
File No. 136-73-1, App. 6/22/73; amended by Ord. 
5-03, File No. 021645, App. 1/24/2003) 

SEC. 41.9. DISPOSITION OF ANIMALS. 

(a) In the discretion of the Animal Control 
Officer, except as otherwise provided in Sections 
41.1 through 41.13, inclusive, of this Article, any 
animal which has been impounded or taken into 
custody by the Animal Control Officer, which is 
not redeemed within the applicable holding pe- 
riod specified in Section 41.7 hereof, may be sold 
at private sale or public auction, destroyed or 
otherwise disposed of by the Animal Control 



Officer. Any animal sold by the Animal Control 
Officer shall be sold upon the collection of no less 
than the following fees for each animal: 

(1) For each dog, the sum of $10, plus, if 
applicable, the dog license fee provided for in 
Section 41.15 of Article 1 of the San Francisco 
Health Code. 

(2) For each cat, the sum of $10. 

(3) For each hoofed animal, the sum of $25. 

(4) For each rabbit, bird or similar small 
animal, the sum of $10. 

(5) If the purchaser of a dog or cat is 65 
years of age or older, the fee to be paid for each 
dog or cat shall be 50 percent of the applicable 
sums set forth in the Subparagraphs (a)(1) and 
(a)(2) above. 

(b) It shall be unlawful for the Animal Con- 
trol Officer or anyone in such Officer's employ to 
knowingly sell or give any animal impounded or 
otherwise taken into custody to any person, 
medical college or university for purposes of 
animal experimentation; or for any of the above 
to induce by or through fraud, misrepresenta- 
tion, coercion or threats any violations of this 
Section. 

(c) If an animal is sold pursuant to the 
provisions of this Section, the receipt signed by 
the Animal Control Officer or such Officer's agent 
shall be valid title to the purchaser. 

(d) Any animal impounded or otherwise 
taken into custody by the Animal Control Officer, 
which, as determined by a licensed veterinarian, 
is suffering excessively, or is dangerous to keep 
impounded, shall be forthwith destroyed by the 
Animal Control Officer. (Added by Ord. 226-73, 
File No. 136-73-1, App. 6/22/73; amended by Ord. 
79-75; File No. 122-75; App. 3/12/75; Ord. 498-77, 
File No. 316-77, App. 11/4/77; Ord. 192-82, File 
No. 533-81-4, App. 4/16/82; Ord. 94-85; File No. 
348-84-5, App. 2/28/85; Ord. 182-89, File No. 
97-89-14, App. 06/05/89; Ord. 411-94, File No. 
118-94-4, App. 12/16/94; Ord. 153-02, File No. 
021077, App. 7/12/02) 



15 



Animals 



Sec. 41.11. 



SEC. 41.10. CHARGES AND FEES. 

The Animal Control Officer shall charge and 
collect the following fees from the owner or 
guardian of any animal impounded or otherwise 
taken into custody: 

(a) Redemption fees: 

For each dog, the sum of $25.00 

For each cat, the sum of $25.00 

For each hoofed animal, the sum of. $25.00 

For each rabbit, bird or other ani- 
mal, the sum of. $25.00 

(b) Voluntary lifetime cat registration fee: 
For each cat, the sum of $10.00 

(c) Spay/neuter deposit fee: 

For each dog, the sum of $50.00 

For each cat, the sum of $50.00 

(d) For feeding and providing ordinary care 
for animals, the following sums, per day: 

For each dog, the sum of $10.00 

For each cat, the sum of $10.00 

For each hoofed animal, the sum of. $10.00 

For each rabbit, bird or other ani- 
mal, the sum of. $10.00 

(e) In the event that the Animal Control 
Officer shall determine that payment of any fees 
by the owner or guardian of an animal which is 
impounded or otherwise taken into custody would 
cause extreme financial difficulty to said owner 
or guardian, the Animal Control Officer may, at 
his or her discretion, waive all or part of the fees 
for the animal. 

(f) In the event that any animal is im- 
pounded or otherwise taken into custody by the 
Animal Control Officer more than one time, the 
Animal Control Officer shall collect a penalty 
redemption fee, which shall be: 

(1) For a second impoundment, two times 
the fee set forth in Subsection (a) above; 

(2) For any third or additional impound- 
ment, three times the fee set forth in Subsection 
(a) above. 

(g) In the event that an animal which is 
impounded or otherwise taken into custody must 
be spayed or neutered while in the custody of the 



Animal Control Officer, the Animal Control Of- 
ficer shall charge an additional fee consisting of 
the actual expense incurred. 

(h) For extraordinary care or expense pro- 
vided for an animal, an additional fee consisting 
of the actual expense incurred shall also be 
charged. (Added by Ord. 226-73, File No. 136- 
73-1, App. 6/22/73; amended by Ord. 311-76, File 
No. 311-76, App, 7/30/76; Ord. 360-77, App. 11/ 
10/77; Ord. 238-87, File No. 118-87-2, App. 3/20/ 
87; Ord. 182-89, File No. 97-89-14, App. 06/05/89; 
Ord. 411-94, File No. 118-94-4, App. 12/16/94; 
Ord. 153-02, File No. 021077, App. 7/12/02; Ord. 
5-03, File No. 021645 , App. 1/24/2003) 

SEC. 41.11. QUARANTINE; DELIVERY 
OF CARCASS. 

(a) Any animal falling into one or more of 
the following categories shall be isolated or quar- 
antined at the place and under the conditions 
prescribed by the Health Officer and pertinent 
State laws and regulations: 

(1) Known rabid animals; 

(2) Suspected rabid animals; 

(3) Animals (mammals) which have bitten 
or otherwise exposed a human being to rabies or 
suspected rabies; 

(4) Animals (mammals) which have been 
bitten by a known or suspected rabid animal or 
have been in intimate contact with the same. 

(b) It shall be unlawful for the owner, guard- 
ian or keeper of an animal to violate any of the 
conditions of isolation or quarantine prescribed 
by the Health Officer or pertinent State laws or 
regulations. 

(c) Upon the death of any animal enumer- 
ated in Subsection (a) hereof in the custody of the 
Animal Control Officer, said Animal Control Of- 
ficer shall arrange for delivery of the carcass of 
said animal or an adequate specimen thereof to 
the Health Officer. (Added by Ord. 226-73, File 
No. 136-73-1, App. 6/22/73; amended by Ord. 
5-03, File No. 021645, App. 1/24/2003; Ord. 1405, 
File No. 041555, App. 1/2/2005) 



Sec. 41.12. 



San Francisco - Health Code 



16 



SEC. 41.12. DUTIES OF OWNERS OR 
GUARDIANS. 

(a) It shall be unlawful for the owner or 
guardian of any animal, other than a domestic 
cat, to permit said animal to run at large within 
the City and County; provided, however, that the 
provisions of this subsection shall not be appli- 
cable to any area under the jurisdiction of the 
Recreation and Park Commission of the City and 
County, and which has been designated by said 
Commission as an animal exercise area. 

1. It shall be unlawful for the owner or 
guardian of any animal to permit said animal 
to be within an area designated as an animal 
exercise area unless said owner or guardian is 
physically present at all times during which 
the animal is within said area. 

(b) It shall be unlawful for the owner or 
guardian of any animal to permit said animal to 
breed on public property; provided, however, 
that the provisions of this subsection shall not be 
applicable to departments of the City and County, 
recognized educational institutions, licensed clini- 
cal laboratories, or medical research facilities 
which are in conformity with Federal or State 
laws. 

(c) The owner or guardian of any animal 
shall provide proper and adequate food, water, 
shelter, care, exercise and attention for such 
animals. 

1. SHELTER REQUIREMENTS 

No person, except those persons who, due 
to financial hardship, are unable to provide 
shelter for themselves, shall keep, use, or 
maintain a dog on any premises unless the dog 
is provided full access to an enclosed building, 
dog house, or similar shelter at all times. The 
dog must have equal space outside its shelter 
to move around and relieve itself away from 
its confinement. Said shelter shall: 

A. Have five sides, including a top, a 
bottom and three sides. 

B. Have a floor raised off the ground, 
free of cracks, depressions and rough areas 
where insects, rodents or eggs from internal 



parasites may lodge. An effective program for 
the control of insects, ectoparasites, and other 
pests shall be established and maintained. 

C. Be cleaned and maintained in a man- 
ner designed to insure the best possible sani- 
tary conditions. Excreta shall be removed from 
the shelter as often as necessary. Rugs, blan- 
kets or other bedding material shall be kept 
clean and dry. 

D. Be of adequate size to allow the dog to 
stand up and turn about freely, stand easily, 
sit and lie in a comfortable normal position. 

E. Have a floor constructed so as to 
protect the dog's feet and legs from, injury. 

F. Allow dogs kept outdoors to remain 
dry during rain. 

G. Have sufficient clean bedding mate- 
rial or other means of protection from the 
weather elements provided when the ambient 
temperature falls below that temperature to 
which the dog is acclimated. 

H. Provide sufficient shade to allow the 
dogs kept outdoors to protect themselves from 
the direct rays of the sun, when sunlight is 
likely to cause overheating or discomfort. 

I. Be structurally sound and maintained 
in good repair to protect the dog from injury. 

J. Be constructed and maintained so that 
the dog contained therein has convenient ac- 
cess to clean food and water. 

2. WATER REQUIREMENTS 

No person shall keep, use or maintain any 
dog on any premises unless the dog has access 
to clean and fresh water at all times. Clean 
potable water shall be available to the dog 
unless restricted for veterinary care, and; 

A. If the water is kept in a container, 
this container shall be designed sufficiently to 
prevent tipping and spilling of the water con- 
tained therein. If necessary to accomplish this, 
the container shall be secured to a solid struc- 
ture or secured in the ground. Watering con- 
tainers shall be kept clean, kept out of sun, 
and must be emptied and refilled with fresh 
water at least once a day; or 



17 



Animals 



Sec. 41.13. 



B. If the water is provided by an auto- 
matic or demand device, the water supply 
connected to the device must function 24 hours 
a day. 
3. FEEDING REQUIREMENTS 

No person shall keep, use or maintain any 
dog on any premises unless the dog is provided 
sufficient food daily to maintain proper body 
weight and good health. 

A. The dog shall be provided food, which 
shall be free from contamination, wholesome, 
palatable, and sufficient quantity and nutri- 
tive value to meet the normal daily require- 
ments for the condition and size of the animal. 

B. Food receptacles shall be accessible to 
the dog and shall be located so as to minimize 
contamination by excreta and/or insects. Feed- 
ing pans shall be durable and kept clean. 
Disposable food receptacles may be used but 
must be discarded after each feeding. Self- 
feeders may be used for the feeding of dry food, 
and they shall be sanitized regularly to pre- 
vent molding, deterioration or caking of feed. 
Spoiled or contaminated food shall be disposed 
of in a sanitary manner. 

4 CONFINEMENT REQUIREMENTS 

Though highly discouraged, tethering is 
only acceptable if: 

A. The tether is attached to a stake in 
the ground with a pulley like system. 

B. The tether is attached to the dog by a 
non-choke type collar or body harness at least 
10 feet in length which would allow the dog 
access to food, water and shelter, but free of 
obstructions. 

5. ADEQUATE EXERCISE 

All dogs must be provided with adequate 
exercise. "Adequate exercise" means the oppor- 
tunity for the animal to move sufficiently to 
maintain normal muscle tone and mass for the 
age, size and condition of the animal. 

6 PENALTIES 

Any person violating the provisions of 
Section 41.12(c) of this Article shall: (1) upon 
the first offense in any 12-month period, be 
deemed guilty of an infraction and upon con- 



viction thereof shall be punished by a fine not 
to exceed $50.00; (2) upon the second offense 
in any 12-month period, be deemed to be guilty 
of an infraction and upon conviction thereof 
shall be punished by a fine not to exceed 
$100.00; (3) upon the third and any additional 
offense in any 12-month period, be deemed 
guilty of a misdemeanor and upon conviction 
thereof shall be punished by a fine of not more 
than $1,000.00 or by imprisonment in the 
County Jail for a period of no more than 1 
year, or by both such fine and imprisonment. 

(d) Any person who shall keep or permit to 
remain on any premises within the City and 
County of San Francisco any "Barking Dog" as 
defined in Section 41(i) of this Code, is guilty of a 
violation of this ordinance, provided that, during 
the time the dog is barking, no person is tres- 
passing or threatening to trespass or no person is 
teasing or provoking the dog. 

(e) Any two unrelated persons, living in 
different households within 300 feet of the loca- 
tion of the disturbance who are disturbed by a 
"Barking Dog" as defined in Section 41(i) of this 
Code may, after signing an affidavit setting forth 
the information in this subsection, request a 
police officer to issue a citation to the owner or 
guardian of the dog causing the disturbance for 
violation of Subsection (e) of this Section. (Added 
by Ord. 226-73, File No. 136-73-1, App. 6/22/73; 
amended by Ord. 386-75, File No. 213-75-1, App. 
9/15/75; Ord. 287-76, File No. 129-75-02, App. 
7/16/76; Ord. 5-03, File No. 021645, App. 1/24/ 
2003; Ord. 13-05, File No. 041494, App. 1/21/ 
2005) 

SEC. 41.13. PENALTIES. 

Any person violating any of the provisions of 
Sections 41.1 through 41.12, inclusive, of this 
Article, except the provisions of Sections 41.5.1, 
41.11(c), 41.12(a), 41.12(c) and 41.12(d), shall be 
deemed guilty of a misdemeanor and upon con- 
viction thereof shall be punished by a fine of not 
more than $500 or by imprisonment in the County 
Jail for a period of not more than six months, or 
by both such fine and imprisonment. 



Sec. 41.13. 



San Francisco - Health Code 



18 



Any person violating the provisions of Sec- 
tions 40, 41.11(c) and 41.12(a) of this Article 
shall be deemed to be guilty of an infraction and 
upon conviction thereof shall be punished for the 
first offense by a fine not to exceed $10; for the 
second offense by a fine not to exceed $25; for a 
third and each additional offense by a fine not to 
exceed $50. 

Any person violating the provision of Section 
41.12(c) of this Article shall be subject to the 
penalties provided in said section. 

Any person violating the provisions of Sec- 
tion 41.12(d) of this Article shall: (1) upon the 
first offense in any 12-month period, be deemed 
to be guilty of an infraction and upon conviction 
thereof shall be punished by a fine not to exceed 
$10; (2) upon the second offense in any 12-month 
period, be deemed to be guilty of an infraction 
and upon conviction thereof shall be punished by 
a fine not to exceed $50; (3) upon the third and 
each additional offense in any 12-month period, 
be deemed to be guilty of a misdemeanor and 
upon conviction thereof shall be punished by a 
fine of not more than $500 or by imprisonment in 
the County Jail for a period of not more than six 
months, or by both such fine and imprisonment. 

Any person violating the provisions of Sec- 
tion 41.5.1 of this Article shall be subject to the 
penalties provided in said section. 

In the alternative to any other penalty im- 
posed under this Section for a violation of this 
Section 40, a person violating Section 40 may be 
assessed an administrative penalty not to exceed 
$300 for each violation. Such penalty shall be 
assessed, enforced and collected in accordance 
with Section 39-1 of the Police Code. (Added by 
Ord. 226-73, File No. 136-73-1, App. 6/22/73; 
amended by Ord. 77-75, File No. 136-74-1, App. 
3/12/75; Ord. 386-75, File No. 213-75-1, App. 
9/15/75; Ord. 371-77, File No. 213-75-2, App. 
8/26/77; Ord. 201-78, File No. 427-77, App. 4/21/ 
78; Ord. 87-03, File No. 03482, App. 5/9/2003; 
Ord. 13-05, File No. 041494, App. 1/21/2005) 



SEC. 41.14. ENFORCEMENT AGAINST 
VIOLATIONS ON PROPERTY UNDER 
JURISDICTION OF RECREATION AND 
PARK COMMISSION; DESIGNATED 
OFFICERS AND EMPLOYEES. 

(a) Pursuant to California Penal Code, Title 
3, Section 836.5, the classes of officers or employ- 
ees of the City and County of San Francisco, 
Recreation and Park Department, listed below 
are empowered to enforce provisions of Section 
41.12, pursuant to Section 41.13 of this Code, 
against violations committed on property under 
the jurisdiction of the Recreation and Park Com- 
mission as an infraction, by exercising arrest 
and citation authority. 

Classification 

No. Class Title 

8208 Park Patrol Officer 

8210 Supervisor Park Patrol 

(b) Enforcement Procedure. In the enforce- 
ment of said provisions the classes of officers and 
employees set forth in this section shall utilize, 
where appropriate, the procedure as prescribed 
by Section 836.5 and Chapter 5C (commencing 
with Section 853.5) of Title 3, Part 2, of the Penal 
Code of the State of California. (Added by Ord. 
435-89, App. 12/6/89) 

SEC. 41.15. DOGS: DOG LICENSE FEE 
LICENSING REQUIREMENT; FEES; 
TERM OF LICENSE. 

It shall be unlawful for any person to own, 
keep or have control of any dog without having 
obtained a current San Francisco license for such 
dog, which license shall be renewed no later than 
30 days after the date of expiration, as herein 
provided. 

(a) Every person owning, keeping or having 
control of any dog over the age of four months 
within the City and County of San Francisco 
shall within 30 days after the dog attains the age 
of four months or within 30 days of obtaining the 
dog, obtain a current license for each dog so 
owned, kept or controlled. 

(b) New residents shall have 30 days in 
which to acquire a current San Francisco license 
for each dog owned, kept or controlled within the 
City and County. 



19 



Animals 



Sec. 41.18. 



(c) Such dog license shall be issued upon 
payment, in advance, of a license fee and upon 
satisfactory proof of antirabies vaccination and 
shall be valid for a specified term from the date 
of issuance, all as provided in Section 41.18. The 
Department of Animal Care and Control, the Tax 
Collector and any other authorized licensing 
entity issuing said certificate, is hereby autho- 
rized to charge, and any person requesting said 
license shall pay, a fee for each such license, 
according to the following scale and subject to 
the exceptions set forth in this Article: 

(1) $24 for a one-year license; 

(2) $45 for a two-year license; 

(3) $66 for a three-year license, issued only 
upon proof that such dog is 12 months of age or 
older. 

Notwithstanding San Francisco Administra- 
tive Code section 10.117-87(c), said license fee 
shall be used to defray the costs associated with 
issuance of said license, including personnel costs. 
Any change recommended by the Director of the 
Department of Animal Care and Control as to 
the amount of the fees charged for each license 
shall be submitted to the Board of Supervisors 
for approval prior to the imposition of said fee. 
Fees for partial-term licenses for less than a 
12-month period will be prorated on a monthly 
basis. A schedule of said license fees shall be 
posted conspicuously on the premises of the 
Department of Animal Care and Control, in the 
office of the Tax Collector, and at any other 
authorized licensing entity charged with the 
collection of said fees. (Added by Ord. 280-92, 
App. 8/31/92; amended by Ord. 472-96, App. 
12/13/96; Ord. 2-02, File No. 010491, App. 1/18/ 
2002; Ord. 153-02, File No. 021077, App. 7/12/ 
2002) 

SEC. 41.16. REDUCTION IN 
FEE-SPECIAL CIRCUMSTANCES. 

The following reductions in the fees provided 
for in Section 41.15(c) shall be available under 
the following circumstances: 

(1) For each dog neutered or spayed in 
accordance with this Article, the license shall be 
prorated, as follows: 

(A) $12 for a one-year license; 



(B) $21 for a two-year license; 

(C) $30 for a three-year license. 

(2) If the owner or guardian of a dog is 65 
years of age or older, the license fee shall not 
exceed 50 percent of the applicable fee set forth 
in Section 41.15(c) or 50 percent of the applicable 
fee set forth above. (Added by Ord. 280-92, App. 
8/31/92; amended by Ord. 472-96, App. 12/13/96; 
Ord. 153-02, File No. 021077, App. 7/12/2002; 
Ord. 5-03, File No. 021645, App. 1/24/2003) 

SEC. 41.17. FEES— LATE PAYMENT 
PENALTY. 

(a) A late charge of $10 shall be assessed for 
failure to obtain a current San Francisco dog 
license or to renew any expired license within 
any of the time limitations set forth in Section 
41.15 of this Article. Any such late charge shall 
be in addition to the applicable license fee and 
shall be payable at the time of issuance. (Added 
by Ord. 280-92, App. 8/31/92; amended by Ord. 
153-02, File No. 021077, App. 7/12/2002) 

SEC. 41.18. VACCINATION REQUIRED 
FOR LICENSE. 

(a) So long as the State of California has 
declared the City and County of San Francisco to 
be a rabies-endemic county, it shall be a require- 
ment that every person owning, keeping or con- 
trolling a dog over the age of four months within 
the City and County of San Francisco shall at all 
times have procured current vaccination of the 
dog by a licensed veterinarian with an approved 
canine antirabies vaccine. 

(b) Upon proof of a current antirabies vac- 
cination, a license may be issued pursuant to 
this Article for any period not to exceed 36 
months, or three years. However, the license 
period shall in no event exceed the remaining 
period of validity of the animal's current antira- 
bies vaccination. 

(c) Every veterinarian who vaccinates or 
causes or directs to be vaccinated in the City any 
dog with anti-rabies vaccine shall: 

(1) Use a form approved by the licensing 
authority to certify that such animal has been 
vaccinated; and 



Sec. 41.18. 



San Francisco - Health Code 



20 



(2) Notify the licensing authority when such 
animal is vaccinated within 30 days. (Added by 
Ord. 280-92, App. 8/31/92; amended by Ord. 
321-98, App. 10/23/98) 

SEC. 41.19. YOUNG DOG CERTIFICATE. 

(a) Every resident of the City and County 
who procures a young dog over the age of two 
months from any animal shelter shall register 
such dog with the Department of Animal Care 
and Control, Tax Collector or other agency au- 
thorized to issue said certificate. Upon payment 
of a deposit equivalent to the amount of a license 
fee set pursuant to Section 41.15 of this Article, 
the owner or guardian of the young dog shall be 
issued a temporary identification tag and young 
dog certificate. The certificate shall be valid until 
the dog attains the age of four months, or has 
received an antirabies vaccination, whichever 
occurs first. Upon expiration of the certificate, 
the Tax Collector, the Department of Animal 
Care and Control, or other authorized licensing 
entity will notify the owner or guardian that the 
certificate has expired and upon satisfactory 
proof that the dog has been vaccinated in com- 
pliance with Section 41.18 of this Article, the 
owner or guardian shall be provided with a valid 
license for said dog as provided in this Article. 

(b) If an owner or guardian fails to procure 
a license within one month after the expiration 
of the young dog certificate, the deposited license 
fee shall be forfeited and the owner or guardian 
shall be deemed to be in violation of Section 
41.15 of this Article. (Added by Ord. 280-92, App. 
8/31/92; amended by Ord. 2-02, File No. 010491, 
App. 1/18/2002; Ord. 5-03, File No. 021645, App. 
1/24/2003) 

SEC. 41.20. CERTIFICATE TO OWNER 
OR GUARDIAN. 

(a) Upon the payment of a dog license or cat 
registration fee, the owner or guardian of the 
animal shall obtain from the Tax Collector, the 
Department of Animal Care and Control or other 
authorized licensing entity a certificate stating 
(1) the period for which such license or registra- 
tion fee has been paid, (2) the date of payment, 
(3) the name, residence address, and telephone 



number of the person to whom such license is 
issued, (4) the name, breed and sex of the dog or 
cat licensed or registered, (5) the number of the 
license or registration tag issued as provided for 
in this Article, and (6) a statement whether the 
animal has been spayed or neutered. Such cer- 
tificate shall be delivered to the person paying 
such license or registration fee and duplicates or 
records thereof shall be kept in the office of the 
Department of Animal Care and Control until 
the registration or certificate expires. The Tax 
Collector shall periodically provide the Depart- 
ment of Animal Care and Control with updated 
information regarding current registrations. 

(b) The certificates and tags described in 
this Section shall not be transferable from dog to 
dog, cat to cat, or from owner/guardian to owner/ 
guardian. 

(c) At the same time that the Tax Collector, 
the Department of Animal Care and Control, or 
other authorized licensing entity issues the cer- 
tificate pursuant to this Section, he or she shall 
also issue and deliver to the person paying such 
license or registration fee a license tag of such 
form and design as the Department of Animal 
Care and Control shall designate, with the words 
"San Francisco Dog License" or "San Francisco 
Cat Tag" and a serial number. 

(d) The owner, guardian or person having 
control or possession of the dog or cat for which 
said license or registration fee has been paid, 
and such tag issued, shall attach such license tag 
or registration tag securely to a collar around the 
neck of the cat or dog, or otherwise adequately 
secure such tag. License tags shall be securely 
displayed upon dogs at all times, except when 
the dog is confined to the owner's premises or 
displayed in any show or exhibition. (Added by 
Ord. 280-92, App. 8/31/92; amended by Ord. 2-02, 
File No. 010491, App. 1/18/2002; Ord. 5-03, File 
No. 021645, App. 1/24/2003) 

SEC. 41.21. REMOVAL OF TAG 
PROHIBITED. 

It shall be unlawful for any person to remove 
a license tag from any dog or cat not owned by 
him or her or not lawfully in his or her posses- 



21 



Animals 



Sec. 41.23. 



sion or under that person's control, or to place on 
any dog or cat any such license or registration 
tag not issued as above provided for the particu- 
lar dog or cat, or to make or to have in possession 
or to place on a dog or cat any counterfeit or 
imitation of any license or registration tag pro- 
vided for in Section 41.20 of this Article. (Added 
by Ord. 280-92, App. 8/31/92) 

SEC. 41.22. DUPLICATE LICENSE OR 
REGISTRATION TAG ISSUED. 

(a) If any license or registration tag shall be 
lost or stolen, damaged or illegible, the person 
owning, possessing, or having control of the dog 
or cat for which the same was issued shall be 
entitled to receive a duplicate of such tag by 
presenting to the Tax Collector or the Depart- 
ment of Animal Care and Control the damaged 
tag, or the original certificate showing ownership 
of said tag or subscribing to an affidavit suffi- 
ciently showing that such tag was lost or stolen. 
Upon payment by the owner of a replacement fee 
of $5, the Tax Collector or the Department of 
Animal Care and Control shall issue a properly 
numbered duplicate tag, and shall keep on file in 
his office the original affidavit upon which the 
duplicate tag was issued. 

(b) If any license or registration tag is not 
received due to the United States Mail within 30 
days after payment of fees, the person owning, 
possessing, or having control of the dog or cat for 
which the said tag was issued shall be entitled to 
receive a duplicate of said tag by presenting to 
the Tax Collector or the Department of Animal 
Care and Control the damaged tag, or the origi- 
nal certificate showing ownership of said tag or 
subscribing to an affidavit sufficiently showing 
that said tag was not received due to the United 
States Mail within 30 days. The Tax Collector or 
the Department of Animal Care and Control, 
without additional fee, shall issue a properly 
numbered tag, and shall keep on file in his office 
all original affidavits upon which duplicate tags 
were issued. (Added by Ord. 280-92, App. 8/31/ 
92; amended by Ord. 2-02, File No. 010491, App. 
1/18/2002; Ord. 153-02, File No. 021077, App. 
7/12/2002) 



SEC. 41.23. EXCEPTIONS. 

(a) The provisions of Sections 41.15 to 41.22, 
inclusive, of this Article shall not apply to any of 
the following: 

(1) Dogs or cats owned or in the custody of 
or under the control of persons who are nonresi- 
dents of the City and County, or temporarily 
sojourning therein for a period not exceeding 30 
days; 

(2) Dogs or cats brought to said City and 
County exclusively for the purpose of entering 
the same in any dog or cat show or exhibition, 
and which are actually entered in and kept at 
such show or exhibition; 

(3) Dogs or cats owned by nonprofit zoologi- 
cal gardens open to the public; 

(4) Dogs or cats owned by duly incorporated 
and qualified organizations and societies for the 
humane treatment and prevention of cruelty to 
animals; 

(5) Dogs or cats owned by pet shops, cir- 
cuses, animal exhibits, and other enterprises 
maintaining animals which have been granted 
business licenses and kennel licenses by the City 
and County; 

(6) Dogs or cats used for teaching or diag- 
nostic purposes or research in conformity with 
State or Federal laws. 

(b) No license fee shall be levied for any dog 
license issued for any of the following: 

(1) A professionally trained and certified 
guide dog owned by or in the custody of a blind or 
partially blind person; 

(2) A signal dog owned by or in the custody 
of a deaf person or person whose hearing is 
impaired. A "signal dog" shall mean any dog 
trained to alert a deaf person, or a person whose 
hearing is impaired, to intruders or sounds, as 
defined in Section 54.1 of the California Civil 
Code; 

(3) A service dog owned by or in the custody 
of a physically handicapped person. A "service 
dog" shall mean any dog individually trained to 
the physically disabled participant's require- 
ments including, but not limited to, minimal 
protection work, rescue work, pulling a wheel- 



Sec. 41.23. 



San Francisco - Health Code 



22 



chair, or fetching dropped items, as defined in 
Section 54.1 of the California Civil Code. (Added 
by Ord. 280-92, App. 8/31/92) 

SEC. 41.24. ENFORCEMENT. 

It shall be the duty of the Animal Control 
Officer and every police officer while on duty to 
enforce the provisions of Sections 41.15 to 41.22, 
inclusive, of this Article requiring owners or 
guardians of dogs to obtain a license for same. 
(Added by Ord. 280-92, App. 8/31/92; amended 
by Ord. 5-03, File No. 021645, App. 1/24/2003) 

SEC. 41.25. PENALTIES. 

(a) A violation of the provisions of Section 
41.21 of this Article shall be a misdemeanor, and 
punishable by a fine of not more than $500. 

(b) A violation of the provisions of Section 
41.15 or 41.19 of this Article shall be an infrac- 
tion and punishable by a fine of $100. (Added by 
Ord. 280-92, App. 8/31/92; amended by Ord. 
320-98, App. 10/23/98; Ord. 266-05, File No. 
051605, App. 11/22/2005) 

SEC. 41.26. ANNUAL ADJUSTMENT OF 
FEES. 

Beginning with fiscal year 2003-2004, fees 
set in Sections 41.9, 41.10, 41.15, 41.16, 41.17, 
and 41.22 may be adjusted each year, without 
further action by the Board of Supervisors, to 
reflect changes in the relevant Consumer Price 
Index, as determined by the Controller. 

No later than April 15th of each year, the 
Department of Animal Care and Control shall 
submit its current fee schedule to the Controller, 
who shall apply the price index adjustment to 
produce a new fee schedule for the following 
year. 

No later than May 15th of each year, the 
Controller shall file a report with the Board of 
Supervisors reporting the new fee schedule and 
certifying that: (a) the fees produce sufficient 
revenue to support the costs of providing the 
services for which each fee is assessed, and (b) 
the fees do not produce revenue which is signifi- 



cantly more than the costs of providing the 
services for which each fee is assessed. (Added by 
Ord. 153-02, File No. 021077, App. 7/12/2002) 

SEC. 42. DEFINITIONS. 

As used in Sections 42 through 42.5, inclu- 
sive, the following words and terms shall have 
the following meanings, unless the context shall 
indicate another or different meaning or intent: 

(a) "Vicious and dangerous dog" means: 

(1) Any dog that when unprovoked inflicts 
bites or attacks a human being or domestic 
animal either on public or private property, or in 
a vicious or terrorizing manner, approaches any 
person in apparent attitude of attack upon the 
streets, sidewalks, or any public grounds or 
places; or 

(2) Any dog with a known propensity, ten- 
dency or disposition to attack unprovoked, to 
cause injury or to otherwise endanger the safety 
of human beings or domestic animals; or 

(3) Any dog which engages in, or is found to 
have been trained to engage in, exhibitions of 
dog fighting; or 

(4) Any dog at large found to attack, men- 
ace, chase, display threatening or aggressive 
behavior or otherwise threaten or endanger the 
safety of any domestic animal or person. 

(b) "Vicious and dangerous dog" does not 
mean: 

(1) Any dog that attacks or inflicts bites 
upon a trespasser of a fully enclosed building; or 

(2) Any dog used in the military or police if 
the bites or attack occurred while the dog was 
performing in that capacity. 

(c) "Enclosure" means a fence or structure 
of at least six feet in height, forming or causing 
an enclosure suitable to prevent the entry of 
young children, and suitable to humanely con- 
fine a dog with adequate exercise area, and 
posted with an appropriate warning sign, in 
conjunction with other measures which may be 
taken by the owner or keeper. 

(d) "Animal Control" means any person des- 
ignated under the Administrative Code as the 
City Pound Keeper or Animal Control Officer. 



23 



Animals 



Sec. 42.2. 



(e) "Impounded" means taken into the cus- 
tody of the City pound. 

(f) "Person" means a natural person or any 
legal entity, including but not limited to, a cor- 
poration, firm, partnership or trust. 

(g) "Hearing officer" means any designated 
representative of the Department of Public Health 
or the Police Department who conducts a hear- 
ing pursuant to Section 42.4. (Added by Ord. 
408-87, App. 10/9/87) 

SEC. 42.1. FIGHT TRAINING 
PROHIBITED. 

It shall be unlawful to fight-train, keep, har- 
bor, transport through the limits of the City and 
County of San Francisco, own, or in any way 
possess a dog for the purpose of dog-fight exhi- 
bitions. Scars and wounds are rebuttable evi- 
dence of participation in dog-fight exhibitions or 
training. "Fight training" is defined to include 
but not be limited to: 

(a) The use or possession of treadmills un- 
less under the direction of a veterinarian; 

(b) Actions designed to torment, badger or 
bait any dog for purpose of encouraging said dog 
for fight exhibitions; 

(c) The use of weights on the dog unless 
under the direction of a veterinarian; 

(d) The use of other animals for blood sport 
training; 

(e) Any other activity the primary purpose 
of which is the training of dogs for aggressive or 
vicious behavior or dog-fight exhibitions. (Added 
by Ord. 408-87, App. 10/9/87) 

SEC. 42.2. REGISTRATION. 

Any dog found to be vicious and dangerous 
either as a result of (1) the actions of the dog 
constituting vicious and dangerous behavior oc- 
curring in the presence of an animal control 
officer, or representative of the Department of 
Public Health or Police Department; and upon 
finding after hearing under Section 42.3; (2) a 
signed complaint or a verbal complaint with 
corroborating evidence by an animal control of- 
ficer or representative of the Department of 
Public Health or Police Department; and (3) 



upon a finding after hearing under Section 42.3, 
shall be registered with the Department of Ani- 
mal Care and Control. 

All such dogs shall be registered within 10 
days of the effective date of the finding. The 
Department of Animal Care and Control shall 
establish a registration fee of $250. 

Furthermore, the keeping of a registered dog 
shall be subject to the following conditions: 

(a) Permanently Affixed Identification 

Number. The owner, guardian, or keeper shall 
have the licensing number assigned to such dog, 
or such other identification number as the City 
shall determine, permanently affixed to the dog 
by a licensed veterinarian or other Department 
authorized agency/individual on the dog's upper 
inner lip, inner thigh or elsewhere as directed by 
the Department of Animal Care and Control. For 
the purposes of this section "permanently af- 
fixed" shall be defined as any permanent num- 
bering of a dog by means of indelible or perma- 
nent ink or by microchip with the number 
designated by the Department of Animal Care 
and Control, or any other permanent method of 
affixing the identification number acceptable to 
the Department of Animal Care and Control. 

(b) Display of Sign. The owner, guardian 
or keeper shall display a sign on his or her 
premises warning that there is a vicious and 
dangerous dog on the premises. Said sign shall 
be visible and capable of being read from the 
fronting street or public highway. 

(c) Confinement Indoors. No registered 
dog may be kept on a porch, patio or in any part 
of a house or structure that would allow the dog 
to exit such building on its own volition except to 
a secured enclosure. In addition, no such dog 
may be kept in a house or structure when the 
windows are open or when screen windows or 
screen doors are the only obstacle preventing the 
dog from exiting the structure. 

(d) Confinement Outdoors. When out- 
side, all registered dogs shall be confined in a 
secure enclosure, except when necessary to ob- 
tain veterinary care or to comply with commands 



Sec. 42.2. 



San Francisco - Health Code 



24 



or directions of a City official. All such enclosures 
must be adequately lighted and ventilated and 
kept in clean, sanitary, and humane conditions. 
Whenever necessity requires a registered dog 
to be outside of the enclosure, the dog shall be 
securely muzzled and restrained with a chain 
having a minimum tensile strength of 300 pounds 
and not exceeding three feet in length, with 
handgrip, and shall be under the direct control 
and supervision of the owner, guardian or keeper 
of the dog. 

(e) Reserved. 

(f) Identification Photographs. All own- 
ers, guardians, keepers or harborers of a regis- 
tered dog must, within 10 days of the effective 
date of this ordinance, provide to the Director of 
the Department of Animal Care and Control or 
his/her designee, two color photographs of the 
registered animal clearly showing the color and 
approximate size of the animal. 

(g) Reporting Requirements. All owners, 
guardians, keepers or harborers of a registered 
dog must, within 10 days of the incident, report 
the following information in writing to the Direc- 
tor of the Department of Animal Care and Con- 
trol or his/her designee: 

(1) The removal from the City or death of a 
registered dog; 

(2) The new address of a registered dog 
owner or guardian should the owner or guardian 
move within City limits. 

(h) Sale or Transfer of Ownership Pro- 
hibited. No person shall sell, barter or in any 
other way dispose of a dog registered with the 
City to any person within the City; provided that 
the owner or guardian of a registered dog may 
sell or otherwise dispose of a registered dog or 
the offspring of such dog to persons who neither 
reside within the City nor intend to train, keep, 
harbor, own, or in any way possess such animal 
in the City providing written approval of such 
sale or transfer by an authorized officer or em- 
ployee of the city or county where the dog is 
intended to be kept. 

(i) Violation of Registration Require- 
ments. It shall be unlawful for the owner, guard- 
ian, keeper or harborer of a dog registered with 



the City to fail to comply with the requirements 
and conditions set forth in this ordinance regard- 
ing registration. Any dog found to be the subject 
of a violation of these registration requirements 
shall be subject to seizure and impoundment. In 
addition, failure to comply will be cause for the 
revocation of the license of such animal resulting 
in the immediate removal of the animal from the 
City. (Added by Ord. 408-87, App. 10/9/87; 
amended by Ord. 5-03, File No. 021645, App. 
1/24/2003; Ord. 267-05, File No. 051606, App. 
11/22/2005) 

SEC. 42.3. SEIZURE OF DOG: 
HEARINGS. 

(a) Subject to Seizure. Upon the receipt of 
a signed complaint, or upon the personal obser- 
vation of an Animal Control Officer, or a repre- 
sentative of the Department of Public Health or 
Police Department, that a dog is vicious and 
dangerous, and said dog is on its owner, guard- 
ian, keeper or harborer's property, the Animal 
Control Officer, or the Department of Public 
Health or Police Department representative, may 
find the dog presents a danger and is subject to 
seizure and impoundment. Upon a finding that 
the dog is subject to seizure, written notice of 
such finding shall be made to the owner, guard- 
ian, keeper or any adult in apparent control or 
possession of the dog. Prior to the seizure of the 
dog, the owner, guardian, or keeper of the dog 
shall be entitled to a hearing as described in 
paragraph (c) of this section. 

(b) Immediate Seizure. 

(i) Should any Animal Control Officer, rep- 
resentative of the Department of Public Health 
or the Police Department determine that prob- 
able cause exists to believe that a dog is vicious 
and dangerous and cannot be properly con- 
trolled, such dog is subject to immediate seizure. 
The owner, guardian, or keeper of the dog shall 
be entitled to a hearing upon seizure as de- 
scribed in paragraph (c) of this section, and upon 
the hearing the owner or guardian of any dog 
found to be vicious or dangerous shall be as- 
sessed the costs of sheltering the dog and of 
administering the ordinance. 



25 



Animals 



Sec. 42.4. 



(ii) Upon the receipt of a signed complaint, 
or upon the personal observation of an Animal 
Control Officer, or a representative of the Depart- 
ment of Public Health or Police Department, 
that a dog has killed or wounded, or assisted in 
killing or wounding any domestic animal, or has 
attacked, assaulted, bit or otherwise injured any 
person or assisted in attacking, assaulting, bit- 
ing or otherwise injuring any person, such dog 
shall be subject to immediate seizure and im- 
poundment. The owner, guardian, or keeper of 
the dog shall be entitled to a hearing upon 
seizure as described in paragraph (c) of this 
section. 

(c) (i) Prior to the seizure of any dog au- 
thorized by paragraph (a) and within three days 
of the seizure of any dog pursuant to paragraph 
(b) a hearing officer shall inform, in writing, the 
owner, guardian, or keeper of the dog that the 
person's dog is alleged to be vicious and danger- 
ous and be subject to penalties under this ordi- 
nance. Unless the hearing is waived by the 
owner, guardian, or keeper of the dog, or the 
hearing is scheduled on an agreed-upon date, the 
hearing officer shall fix a time not less than 15 
nor more than 90 days from date that the en- 
forcement agency locates the dog and/or the 
owner, guardian or keeper, and fix a place for 
said hearing and cause all parties to be notified, 
not less than 10 days before the date of such 
hearing. The hearing may be informal and the 
rules of evidence not strictly observed. It shall 
not be necessary, for the City, to prove that the 
owner, guardian, or keeper of the dog knew that 
the dog was vicious and dangerous. Within 15 
days following the hearing, the hearing officer 
shall issue his or her decision to all parties. 

(ii) Should the hearing officer find the dog 
to be vicious and dangerous, the hearing officer 
shall order the dog be registered pursuant to 
Section 42.2, and that the dog be spayed or 
neutered. The hearing officer may, in addition, 
order other remedies as may be appropriate for 
the safety of the public, including, but not lim- 
ited to, an order that the dog and the owner, 
guardian, keeper and any person in control of the 
dog attend and complete a basic obedience course 
under an approved and recognized obedience 



trainer or dog-training organization. If the hear- 
ing officer finds that the owner, guardian, keeper, 
or other person in control of the dog has not or 
cannot adequately control his or her dogs, the 
hearing officer may also prohibit that person or 
persons from owning or possessing dogs for a 
period of three years from the date of the order. 

(hi) In the event the hearing officer con- 
cludes that the dog is vicious and dangerous and 
that the health, safety and welfare of the com- 
munity is not adequately addressed by the re- 
quirements provided in Section 42.3(c)(ii), the 
hearing officer may order the clog destroyed. 

(iv) The decision of the hearing officer is 
final. (Added by Ord. 408-87, App. 10/9/87; 
amended by Ord. 5-03, File No. 021645, App. 
1/24/2003; Ord. 12-05, File No. 041544, App. 
1/21/2005; Ord. 267-05, File No. 051606, App. 
11/22/2005) 

SEC. 42.4. PENALTY; MISDEMEANOR 
OR INFRACTION. 

Any person who violates any provision of 
Sections 42 through 42.3 shall be deemed guilty 
of a misdemeanor or infraction. 

(a) If charged as an infraction, the penalty 
upon conviction of such person shall be a fine not 
exceeding $500. A second or subsequent violation 
within any 12-month period from the initial 
incident will be punishable as a misdemeanor. 

(b) If charged as a misdemeanor, the pen- 
alty upon conviction of such person, shall be 
imprisonment in the County Jail for a period not 
to exceed one year or by a fine not exceeding 
$1,000, or by both such fine and imprisonment. 
Upon conviction of a misdemeanor the court may 
prohibit the person from owning, keeping or 
otherwise being in control of a dog within the 
City and County for a period of one year. Viola- 
tion of that prohibition shall constitute a misde- 
meanor. 

(c) The complaint charging such violation 
shall specify whether the violation charged is a 
misdemeanor or an infraction. 

(d) Allocation of fees and fines col- 
lected. All fees and the City's share of all fines 
collected under this section shall be used only by 



Sec. 42.4. 



San Francisco - Health Code 



26 



the Animal Care and Control Department to 
fund the enforcement of the vicious and danger- 
ous dog program as set forth in this Section. 
(Added by Ord. 408-87, App. 10/9/87; amended 
by Ord. 267-05, File No. 051606, App. 11/22/ 
2005) 

SEC. 42.5. ENFORCEMENT. 

Any provision of Sections 42 through 42.3, 
may be enforced by the Department of Public 
Health, the Police Department, or the City Ani- 
mal Control Officer, or any authorized designee. 
Complaints of any violations of Sections 42 
through 42.3 subject to penalties under Section 
42.4 shall be presented to the District Attorney 
for prosecution. (Added by Ord. 408-87, App. 
10/9/87) 

SEC. 42.6. REWARDS. 

Subject to the budgetary and fiscal provisions 
of the Charter, the City is authorized to offer 
rewards not exceeding $250 to any person pro- 
viding information leading to the arrest of any 
person for violations of prohibitions against the 
training of a dog for dog-fight exhibitions. The 
Board of Supervisors may authorize said re- 
wards by resolution upon request of the Depart- 
ment of Public Health, Animal Control Officer or 
the Mayor. (Added by Ord. 408-87, App. 10/9/87) 

SEC. 42.7. SEVERABILITY. 

If any part or provision of Sections 42 through 
42.6, or application thereof, to any person or 
circumstance is held invalid, the remainder of 
the section, including the application of such 
part or provision to other persons or circum- 
stances, shall not be affected thereby and shall 
continue in full force and effect. To this end, the 
provisions of the sections are severable. (Added 
by Ord. 408-87, App. 10/9/87) 

SEC. 43. DEFINITION OF PIT BULL. 

(a) Definition. For the purposes of this 
Article, the word "pit bull" includes any dog that 
is an American Pit Bull Terrier, American Stafford- 
shire Terrier, Staffordshire Bull Terrier, or any 
dog displaying the physical traits of any one or 
more of the above breeds, or any dog exhibiting 



those distinguishing characteristics that con- 
form to the standards established by the Ameri- 
can Kennel Club ("ARC") or United Kennel Club 
("UKC") for any of the above breeds. The AKC 
and UKC standards for the above breeds are 
listed on their websites as well as online through 
the Animal Care and Control Department's ("De- 
partment") website. 

(b) Determination of Breed. If an owner, 
guardian or keeper is unsure as to whether or 
not his/her unspayed and unneutered dog is a pit 
bull, s/he may make an appointment with the 
Department at which a Department staff mem- 
ber shall make a determination as to whether or 
not the dog is a pit bull. If the dog owner, 
guardian or keeper wishes to appeal the deter- 
mination that the dog is a pit bull, within five 
business days of the staff member's determina- 
tion s/he may request a hearing before the 
Department's Director or his/her designee. The 
hearing shall be held no more than 30 days after 
the Director receives the request. The hearing 
may be informal and rules of evidence not strictly 
observed. The decision of the Director or his/her 
designee is final. (Added by Ord. 268-05, File No. 
051607, App. 11/22/2005) 

SEC. 43.1. MANDATORY SPAYING AND 
NEUTERING OF PIT BULLS; 
EXCEPTIONS. 

No person may own, keep, or harbor any dog 
within the City and County of San Francisco that 
the person in possession knew, or should have 
known, was a pit bull that has not been spayed 
or neutered unless: 

(a) The pit bull is under eight weeks of age; 

(b) The pit bull cannot be spayed or neu- 
tered without a high likelihood of suffering seri- 
ous bodily harm or death due to a. physical 
abnormality. A veterinarian must certify such a 
condition, determine the time frame after which 
the pit bull can be spayed/neutered. Within 30 
days of the operative date of this ordinance, or 
within 30 days of, taking possession or owner- 
ship of an unspayed or unneutered pit bull, the 
owner, guardian or keeper must submit such 
documentation to be verified by the Department; 



27 



Animals 



Sec. 43.3. 



(c) The pit bull has been present in the City 
and County of San Francisco for less than thirty 
days; 

(d) The owner, guardian or keeper has ob- 
tained, or has submitted an application for a 
breeding permit in accordance with Section 44 et 
seq. of the San Francisco Health Code; 

(e) Determination of breed is under appeal 
pursuant to Section 43(b) above; or 

(f) The pit bull is a show dog. Within 30 
days of the operative date of this ordinance, or 
within 30 days of taking possession or ownership 
of an unspayed or unneutered pit bull, the owner, 
guardian or keeper must submit a copy of the 
organization papers (AKC or UKC) to the De- 
partment of Animal Care and Control demon- 
strating the pedigree information and show dog 
registration and that the dog conforms with the 
same breeding permit guidelines set forth in 
Sections 44.1(a)(3)(A), 44.1(a)(3)(B), 44.1(a)(3)(C) 
and 44.1(a)(3)(D). (Added by Ord. 268-05, File 
No. 051607, App. 11/22/2005) 

SEC. 43.2. PENALTIES FOR FAILURE 
TO SPAY OR NEUTER PIT BULL. 

Violation of Section 43.1 may result in the 
following penalties: 

(a) A first violation may result in the De- 
partment impounding the pit bull and disposing 
of the pit bull in accordance with Sections 41.7(a) 
and 41.9 of the San Francisco Health Code. A 
first violation shall be an infraction punishable 
by a fine not to exceed $500. In order for the 
owner, guardian or keeper to reclaim the pit bull 
from the Department, in addition to paying the 
other charges and fees set out in Section 41.10, 
one of the following must occur: 

(1) The Department shall have a veterinar- 
ian spay or neuter the dog. The dog owner, 
guardian or keeper shall pay a deposit of $100 
prior to the procedure and will be charged the fee 
for such services consisting of the actual expense 
incurred as established by the Department. There 
may be additional fees for any extraordinary 
care provided. 



(2) In the alternative, the owner, guardian 
or keeper shall arrange for another veterinarian 
within the City and County of San Francisco to 
spay or neuter and shall pay the Department a 
fee of $60, which shall cover the Department's 
costs of delivering the dog to a vet of the owner, 
guardian or keeper's choosing. The Department 
shall deliver the dog to the vet, and the vet shall 
release the dog to the owner, guardian or keeper 
only after the spaying or neutering is complete. 

(3) At the discretion of the Director, or his/ 
her designee, the Director may release the dog to 
the owner, guardian or keeper provided that the 
owner, guardian or keeper signs an affidavit that 
s/he will have the dog spayed or neutered within 
two weeks and will provide documentation veri- 
fying that the spaying or neutering occurred 
upon completion. If the owner, guardian or keeper 
fails to have his/her pit bull spayed or neutered 
as agreed in the affidavit, the Department shall 
have the authority to impound the dog, and the 
owner, guardian or keeper may be charged with 
a second violation under 43.2(b), below. 

(4) In the event that the Director or his/her 
designee determines that payment of any fees by 
the owner, guardian or keeper of a pit bull which 
is impounded or otherwise taken into custody 
would cause extreme financial difficulty to the 
owner, guardian or keeper, the Director or his/ 
her designee may, at his/her discretion, waive all 
or part of the fees necessary for compliance with 
this section. 

(b) A second violation of this section by the 
owner, guardian or keeper, shall be a misde- 
meanor punishable by imprisonment in the County 
Jail for a period not to exceed six months or by a 
fine not to exceed $1,000, or by both such fine 
and imprisonment. In addition, a second viola- 
tion may result in the Department impounding 
the pit bull and disposing of the pit bull in 
accordance with Sections 41.7(a) and 41.9 of the 
San Francisco Health Code. Further, the provi- 
sions of Section 43.2(a)(1) above may apply. (Added 
by Ord. 268-05, File No. 051607, App. 11/22/ 
2005) 

SEC. 43.3. ALLOCATION OF FEES AND 
FINES COLLECTED. 

All fees and the City's share of all fines 
collected under Section 43.2 shall be used only by 



Sec. 43.3. 



San Francisco - Health Code 



28 



the Animal Care and Control Department to 
fund the implementation and enforcement of the 
pit bull spaying/neutering program. (Added by 
Ord. 268-05, File No. 051607, App. 11/22/2005) 

SEC. 43.4. OPERATIVE DATE. 

Notwithstanding the provisions of Section 
43.1. the provisions of this Section mandating 
the spaying and neutering of pit bulls shall not 
be operative until the first date that California 
Health and Safety Code Section 122331 is in full 
force and effect or upon the effective date of this 
ordinance, whichever is later. (Added by Ord. 
268-05, File No. 051607, App. 11/22/2005) 

SEC. 44. REQUIRING A PERMIT FOR 
THE BREEDING AND TRANSFERRING 
OF PIT BULL PUPPIES. 

(a) No person shall cause or allow any pit 
bull, as defined in Section 43(a) of the San 
Francisco Health Code, that is owned, harbored 
or kept within the City and County of San 
Francisco to breed or give birth without first 
obtaining a permit as described in this Article. 

(b) Keeping an unaltered male adult dog 
together with a female dog in heat in the same 
dog run, pen, room, or any other space where the 
two dogs are allowed contact with one another 
that would allow the dogs to breed is considered 
prima facie evidence of an owner, guardian or 
keeper's intent to allow the clogs to breed. (Added 
by Ord. 268-05, File No. 051607, App. 11/22/ 
2005) 

SEC. 44.1. GRANTING OR DENYING A 
PERMIT. 

(a) Requirements of permit. An owner or 
keeper of a pit bull may obtain a nontransferable 
permit that lasts for one year. If more than one 
owner, guardian, or keeper is involved in the 
breeding process, each party must apply for and 
be granted a breeding permit. The permit may be 
obtained from the San Francisco Department of 
Animal Care and Control ("Department") if all of 
the following conditions are met: 

(1) The applicant has submitted the appro- 
priate forms and fees required by the Depart- 
ment in order to seek consideration for a breed- 
ing permit. 



(2) The applicant has a space in which to 
breed pit bulls and raise the puppies that the 
Department is satisfied will contain the animals 
as well as provide them with safe, sanitary, and 
humane conditions, appropriate for breeding pit 
bulls, which satisfies all applicable provisions of 
Article 1 of the San Francisco Health Code and 
all applicable State animal welfare laws. 

(3) The Department has evaluated and 
reached a positive conclusion regarding the suit- 
ability of the particular pit bulls to be bred, 
including consideration of their lineage, age and 
health condition. The Department shall utilize 
the following guidelines in making a determina- 
tion: 

(A) Owners, guardians or keepers shall pro- 
vide verification that any pit bull to be bred is 
registered as an American Pit Bull Terrier, an 
American Staffordshire Terrier, or a Stafford- 
shire Bull Terrier, with the appropriate registry 
for its breed (American Kennel Club, United 
Kennel Club, American Dog Breeders Associa- 
tion ("ADBA")) or any other valid registry as 
determined by the Department. 

(B) Any pit bull to be bred must meet the 
pit bull breed standard, as defined by the appro- 
priate registration agency (AK, UKC, or ADBA), 
for physical conformation as well as tempera- 
ment. 

(C) The registered pit bull has participated 
in at least one approved dog show during the 
previous 365 day period or the owner, guardian 
or keeper has given written notice to one of the 
dog registries listed above stating his/her inten- 
tion that the dog will participate in an approved 
dog show. A dog show is defined as an event that 
is sanctioned in writing by one or more of the dog 
registries listed above. 

(D) Any pit bull to be bred shall have the 
appropriate health screenings for its breed. For 
pit bulls this is, at a minimum, the following 
health tests: Orthopedic Foundation for Animals 
("OFA") or University of Pennsylvania Hip Im- 
provement Program ("PennHIP") certification on 
hips, OFA on heart by a certified cardiologist and 
must have passed the American Temperament 
Testing Society temperament test. 



29 



Animals 



Sec. 44.2. 



(4) Breeders shall not allow female pit bulls 
to have more than 1 litter per year. 

(5) Upon approval of his/her application, 
the applicant must pay the $100 permit fee. 

(b) Permit denial. The Department shall 
automatically deny the permit if one or more of 
the following occurs, and that decision shall be 
final: 

(1) The applicant fails to pay the permit fee 
within two weeks of notification that the appli- 
cation has been approved. Applicant may reap- 
ply for a permit after ten months. 

(2) The applicant has a history of allowing 
dogs to run loose or escape, or has otherwise 
been found to be neglectful; has had his/her dog 
identified as a nuisance; or has previously been 
determined to have violated Section 41.12 of the 
San Francisco Health Code. 

(3) The applicant has violated any provi- 
sions of Health Code Sections 42 through 44.5. 

(4) The applicant has applied for a permit 
within the last ten months. 

(c) Inspections of the premises. The De- 
partment may on one or more occasions, up to a 
year after issuing the permit, perform an inspec- 
tion of the dog's living quarters to ensure that 
the standards required to receive a permit are 
met. The Department will give the owner, guard- 
ian or keeper a twenty-four hour notice and will 
conduct such inspection at a reasonable time 
when the owner, guardian or keeper, or his/her 
representative, is present. The owner, guardian 
or keeper shall allow the Department access to 
conduct the inspection. 

If the property does not meet the required 
standards, or the owner, guardian or keeper 
cannot be contacted for an inspection within two 
weeks of the Department's initial attempt, or the 
owner, guardian or keeper fails or refuses to 
allow an inspection, the Department shall not 
issue a permit. (Added by Ord. 268-05, File No. 
051607, App. 11/22/2005) 

SEC. 44.2. RELOCATION OF PERMIT. 

(a) The Department may, after conducting a 
hearing, revoke a breeding permit for violations 
of the provisions of Sections 42 through 44.5 of 



the San Francisco Health Code. Within five days 
of the Department's knowledge of any such vio- 
lations, a hearing officer, who is any designated 
representative of the Department of Animal Care 
and Control or the San Francisco Police Depart- 
ment, shall notice the owner, guardian or keeper 
of the pit bull in writing that s/he is in violation 
and subject to penalties under this ordinance, 
including revocation of his/her breeding permit. 
Unless the hearing is waived by the owner, 
guardian, or keeper of the dog, or the hearing is 
scheduled on an agreed-upon date, the hearing 
officer shall fix a time not less than ten or more 
than 30 days from the date of the violation 
notice. The hearing officer shall fix a place for 
said hearing and cause all parties to be notified, 
not less than five days before the date of such 
hearing. The hearing may be informal and the 
rules of evidence not strictly observed. Within 
fifteen days following the hearing, the hearing 
officer shall issue his/her decision to all parties. 
The decision of the hearing officer is final. Upon 
a finding of a violation, the hearing officer may 
impose appropriate remedies on the owner, guard- 
ian, or keeper. Any violation(s) may also be 
considered in future permitting decisions. 

(b) After the Department has issued a per- 
mit, it may revoke the permit pursuant to pro- 
cedures set forth in Section 44.2(a) if a subse- 
quent inspection of the premises under Section 
44.1(c) reveals the area to be below the stan- 
dards required for the permit, or if the owner, 
guardian or keeper cannot be contacted for an 
inspection within two weeks of the Department's 
initial attempt, or if the owner, guardian or 
keeper refuses the Department access for an 
inspection. If the dog is already pregnant or the 
puppies are born, the Department may, pending 
a hearing, impound the pit bull and/or its pup- 
pies in accordance with Section 41.7(a) of the 
San Francisco Health Code. After a hearing, the 
Department may fine the owner, guardian or 
keeper an amount not to exceed $500, perma- 
nently confiscate the puppies and dispose of 
them in accordance with Section 41.9 of the San 
Francisco Health Code, and consider the viola- 
tion in future permitting decisions. (Added by 
Ord. 268-05, File No. 051607, App. 11/22/2005) 



Sec. 44.3. 



San Francisco - Health Code 



30 



SEC. 44.3. TRANSFERENCE AND SALE 
OF PIT BULL PUPPIES. 

(a) Any owner, guardian or keeper residing 
in or conducting a transaction within the City 
and County of San Francisco who offers any pit 
bull puppies under six months old for sale, trade, 
or adoption, must prominently post his/her valid 
breeding permit number with any offer of sale, 
trade, or adoption. The permit number must also 
be supplied in writing to the individual, firm, 
corporation, or other entity that acquires a puppy. 

(b) The breeder shall not remove puppies 
from the litter until the puppies are at least 8 
weeks of age, are fully weaned, have their first 
set of vaccinations, have been be de-wormed and 
are in good general health. 

(c) Breeders and any party that acquires a 
pit bull puppy through purchase, trade or adop- 
tion shall enter into a written agreement for the 
transaction and must include language that the 
acquiring party shall, at any time during the 
dog's life, return the puppy to the breeder if the 
acquiring party cannot keep it, and that the 
breeder shall accept any such returned dog. 

(d) Pit bull puppies that do not have show 
dog papers as defined in Section 43.1(f) must be 
spayed or neutered by the breeder prior to trans- 
fer. 

(e) Within three weeks of the time that the 
litter is whelped, the breeder shall send to the 
Department a head count of how many puppies 
were live born. Within three weeks after the 
breeder transfers physical possession of each 
puppy, the breeder shall notify the Department 
of the name, address, and telephone number of 
the new owner, guardian or keeper of each puppy. 
(Added by Ord. 268-05, File No. 051607, App. 
11/22/2005) 

SEC. 44.4. FINES FOR FAILURE TO 
COMPLY WITH PERMIT 
REQUIREMENTS. 

(a) A violation of the breeding permit provi- 
sions at Section 44 shall be an infraction punish- 
able by a fine not to exceed $500. Such violations 
must be corrected within 30 days. 



(b) After 30 days of a first citation, if the 
owner, guardian or keeper fails to correct a 
violation of Section 44, it shall be an additional 
violation and shall be punishable as a misde- 
meanor. Subsequent violations will be consid- 
ered part of a continuous sequence of offenses 
and each violation after 30 days of a prior con- 
viction will be punishable as a misdemeanor. The 
punishment shall be imprisonment in the County 
Jail for a period not to exceed six months or by a 
fine not exceeding $1,000, or by both such fine 
and imprisonment. 

(c) Failure to include a prominently posted 
permit number when transferring pit bull pup- 
pies under Section 44.3(a) shall be an infraction 
punishable by a $100 fine for the first violation, 
a $200 fine upon a second violation within a year 
of the first offense, and a $500 fine upon the 
third and subsequent violations within a year of 
the second offense. 

(d) Failure to provide the Department with 
the number of puppies born and information 
about a new owner, guardian or keeper of each 
puppy in accordance with Section 44.3(e) shall be 
an infraction punishable by a $100 fine for the 
first violation, a $200 fine upon a second viola- 
tion within one year of the first offense, and fine 
of $500 for the third and subsequent violations 
within one year of the second offense. Failure to 
provide the Department with the new owner, 
guardian or keeper's information for each puppy, 
will be considered a separate and individual 
violation. (Added by Ord. 268-05, File No. 051607, 
App. 11/22/2005) 

SEC. 44.5. ALLOCATION OF FEES AND 
FINES COLLECTED. 

All fees and the City's share of all fines 
collected under Section 44.4 shall be used only by 
the Animal Care and Control Department to 
fund the implementation and enforcement of the 
pit bull breeding permit program. (Added by 
Ord. 268-05, File No. 051607, App. 11/22/2005) 

SEC. 44.6. EXCEPTIONS TO PERMIT 
POSTING REQUIREMENTS. 

The Department of Animal Care and Control 
or a valid 501(0)(3) animal welfare and rescue 



31 



Animals 



Sec. 51. 



organization that seeks adoptive homes for pit 
bulls may transfer ownership and place ads 
without displaying or supplying a permit num- 
ber as described in Section 44.3(a). (Added by 
Ord. 268-05, File No. 051607, App. 11/22/2005) 

SEC. 44.7. OPERATIVE DATE. 

Notwithstanding the provisions of Sections 
44 through 44.3, the provisions of this Section 
requiring a permit for the breeding and transfer 
of pit bull puppies shall not be operative until 
January the first date that California Health 
and Safety Code Section 122331 is in full force 
and effect or upon the effective date of this 
ordinance, whichever is later. (Added by Ord. 
268-05, File No. 051607, App. 11/22/2005) 

SEC. 48. UNLAWFUL TO SELL FOWL OR 
RABBITS AS PETS OR NOVELTIES. 

(a) It shall be unlawful for any person, firm 
or corporation to display, sell, offer for sale, 
barter or give away any baby chicks, rabbits, 
ducklings or other fowl as pets or novelties, 
whether or not dyed, colored, or otherwise arti- 
ficially treated. 

(b) This Section shall not be construed to 
prohibit the display or sale of natural chicks, 
rabbits, ducklings or other fowl in proper facili- 
ties by dealers, hatcheries or stores engaged in 
the business of selling the same to be raised for 
food purposes. 

(c) Any person, firm or corporation violating 
the provisions of this Section shall be guilty of a 
misdemeanor and upon conviction shall be pun- 
ished by a fine of not less than $5 nor more than 
$50 for each and every offense. (Added by Ord. 
81-78, App. 2/10/78) 

SEC. 49. SALE OF CERTAIN ANIMALS 
PROHIBITED. 

Those species of animals as the Board of 
Supervisors may designate by ordinance may not 
be sold within the territorial limits of the City 
and County of San Francisco; provided, however, 
that the following animals shall not be prohib- 
ited: psittacine birds, canaries, finches, fish, 
turtles, hamsters, domestic dogs, domestic cats, 
domestic rats, domestic mice, and guinea pigs. 



Nothing in this Section shall prohibit City 
Departments, recognized educational institu- 
tions, licensed clinical laboratories, or medical 
research facilities which are in conformity with 
State or Federal laws from taking title to or 
possessing animals the sale of which may be 
prohibited by ordinance as specified above. (Added 
by Ord. 314-71; App. 12/23/71) 

SEC. 50. PROHIBITION. 

No person shall have, keep, maintain or have 
in his possession or under his control any wild 
and potentially dangerous animal as defined in 
Section 51, unless excepted therefrom pursuant 
to Sections 50 through 66 of this Chapter. (Added 
by Ord. 81-78, App. 2/10/78) 

SEC. 50.1. SALE OF WILD AND 
POTENTIALLY DANGEROUS ANIMALS 
PROHIBITED. 

It shall be unlawful for any person, firm or 
corporation to sell or offer for sale any wild and 
potentially dangerous animal as defined in Sec- 
tion 51 within the limits of the City and County 
of San Francisco. (Added by Ord. 81-78, App. 
2/10/78) 

SEC. 51. DEFINITION OF "WILD AND 
POTENTIALLY DANGEROUS ANIMAL". 

For purposes of Sections 50 through 66, a 
wild and potentially dangerous animal is defined 
as an animal which is wild by nature and not 
customarily domesticated in the City and County 
of San Francisco and which, because of its size, 
disposition, or other characteristics could consti- 
tute a danger to human life or property. Such 
wild and potentially dangerous animals shall be 
deemed to include: 

I. Class Mammilia 

A) Order Carnivora 

1. Family Candidae (dog), excepting Canis 
Familiaris (domestic dog), and including but not 
limited to such members as the wolf, the coyote 
and the jackal. 



Sec. 51. 



San Francisco - Health Code 



32 



2. Family Felidae (cat), including but not 
limited to such members as the tiger, the jaguar, 
the leopard, the lion and the cougar, excepting 
Felix Catus. 

3. Family Hyenidae (hyena). 

4. Family Ursidae (bear). 

B) Order Probscidea (elephant). 

C) Order Primata (primates), including but 
not limited to the chimpanzee, the baboon, the 
orangutan, the gibbon, and the gorilla, excepting 
the Family Hominidae (man). 

D) Order Artiodactyla, even-toed hoofed 
mammals, excluding the domesticated species of 
the Family Suidae (domestic pig) and Family 
Bovidae (cattle, sheep, goats). 

E) Order Perissodactyla, odd-toed hoofed 
mammals, excluding the domesticated species of 
the Family Equidae (horses, donkeys, etc.) 

II. Class Reptillia 

A) Order Squamata 

1. Sub-Order Serpentes, all front and rear 
fanged venomous snakes and all species of the 
Families Boidae and Pythonidae. 

2. Sub-Order Lacertilia, both venomous spe- 
cies of the Family Helodermatidae (Gila monster 
and Mexican beaded lizard). 

B) Order Crocodilia (crocodile and alliga- 
tor). 

III. Any other species of the animal king- 
dom (as opposed to vegetable or mineral) which 
is venomous to human beings whether its venom 
is transmitted by bite, sting, touch or other 
means, except the honey-producing bee. (Added 
by Ord. 81-78, App. 2/10/78) 

SEC. 52. ANIMALS ELIGIBLE FOR 
PERMITS. 

Thirty days after the effective date of this 
ordinance, no person shall have, keep, maintain 
or have in his or her possession or under his or 
her control any wild animal of the kinds included 
in this Section, unless said animal is the subject 
of a valid permit granted to such a person. 
Animals eligible for said permits shall be limited 
to the following: Species known as Saimiri sci- 
urea (squirrel monkey), Mustela putorius (fer- 



ret) for whom a state permit has been received 
and family Callithricidae (marmosets). (Amended 
by Ord. 542-82, App. 11/26/82) 

SEC. 53. APPLICATION AND FEE FOR 
PERMIT. 

An application for any permit allowed pursu- 
ant to Section 52 of this Chapter shall be made 
by any person who has in his possession or under 
this control, a wild and potentially dangerous 
animal, to the Director Health Care Services, 
hereinafter referred to as the Director, in writing 
and upon a form furnished by the Director or his 
designated representative. Said application shall 
be verified by the person who desires to have, 
keep, maintain, or have in his possession, or 
under his control, in the City and County, the 
animal for which a permit is allowed, and shall 
set forth the following: 

(a) Name, address, and telephone number 
of the applicant; 

(b) The applicant's interest in such wild and 
potentially dangerous animal; 

(c) The proposed location, and the name, 
address, and telephone number of the owner of 
such location, and of the lessee, if any; 

(d) The general description as well as the 
date of birth and/or age of the wild and poten- 
tially dangerous animal for which the permit is 
sought; 

(e) Any information known to the applicant 
concerning vicious or dangerous propensities of 
such wild and potentially dangerous animal; 

(f) The housing arrangements for such wild 
and potentially dangerous animal with particu- 
lar details as to safety of structure, locks, fenc- 
ing, and other satisfactory devices which shows a 
compliance with Section 54; 

(g) Noises or odors anticipated in keeping of 
such wild and potentially dangerous animals; 

(h) Prior history of incidents affecting the 
public health or safety involving said wild and 
potentially dangerous animal; 

(i) Any additional information required by 
the Director at the time of filing such application 
or thereafter; and 



33 



Animals 



Sec. 60. 



(j) Upon issuance of the permit for which 
application has been made, the applicant shall 
pay a fee of $75 to the Tax Collector. (Added by 
Ord. 81-78, App. 2/10/78) 

SEC. 54. CONFINEMENT 
REGULATIONS. 

The Director, in consultation with the Animal 
Control Officer, the Zoo Director, the City Plan- 
ning Department and the Police Department, 
may set regulations in connection with the issu- 
ance of permits regarding the size and type of 
cage or other means of confinement, the distance 
from the place of confinement to adjoining prop- 
erty, and any other regulations deemed reason- 
ably necessary by the Director to ensure the 
maintenance of humane and sanitary conditions 
for the animal and the safety of persons and 
property. A copy of the rules and regulations 
shall be furnished by the Director of the Bureau 
of Environmental Health Services upon request. 
In applying the regulations to a given situation, 
the Director shall take into consideration the 
type, nature, disposition and training of the 
specific wild and potentially dangerous animal 
involved. (Added by Ord. 81-78, App. 2/10/78) 

SEC. 55. OTHER LAWS. 

In applying for a permit under Section 52 of 
this Chapter, the applicant must provide assur- 
ance that he is in compliance with all applicable 
local, state, and federal laws and regulations 
regarding such wild and potentially dangerous 
animals. (Added by Ord. 81-78, App. 2/10/78) 

SEC. 56. REVIEW OF APPLICATION 
FOR PERMIT. 

Copies of any application for permit under 
Section 52 of this Chapter shall be sent by the 
Director to the Police Department, the Animal 
Control Officer, the City Planning Department 
and the Zoo Director for their approval, and no 
permit shall be granted without the receipt of 
these approvals. The filing of an application 
constitutes agreement by the applicant to allow 
inspection of the premises where the animal is 
kept or will be kept for the purpose of determin- 
ing approval or disapproval of the permit appli- 



cation as well as the continued compliance with 
the provisions of this ordinance by all participat- 
ing agencies. (Added by Ord. 81-78, App. 2/10/78) 

SEC. 57. PERMIT RESTRICTIONS. 

No permit shall be granted except with such 
conditions attached as shall, in the opinion of the 
Director, reasonably insure the health, safety, 
and general welfare of the public and said ani- 
mal referred to in the permit application. The 
applicant must show knowledge and ability to 
properly care for said animal, and no permit 
shall be issued to any person who has been found 
guilty of cruelty to animals. The permit shall be 
nontransferable; it shall apply only to the animal 
described therein which is confined at the loca- 
tion stated therein and shall be valid only to the 
person named as owner of said animal therein. 
(Added by Ord. 81-78, App. 2/10/78) 

SEC. 58. TERM AND RENEWAL OF 
PERMITS. 

No permit required by Section 52 of this 
Chapter shall be granted for a period in excess of 
one year. An application for a new permit shall 
be made not less than 45 days prior to the 
expiration of the prior permit. (Added by Ord. 
81-78, App. 2/10/78) 

SEC. 59. REVOCATION OF PERMITS. 

The Director may, for good cause, revoke any 
permit or provisions thereof. In the event it is 
reasonably necessary to protect against an im- 
mediate threat or danger to the public health or 
safety, the Director may suspend any permit or 
portion thereof without hearing, for a period not 
to exceed 30 days, and in such case the animal 
referred to in said permit will be taken into 
protective custody by the Animal Control Officer. 
(Added by Ord. 81-78, App. 2/10/78) 

SEC. 60. EXCEPTIONS. 

The provisions of Sections 50 through 66 of 
the Chapter shall not prohibit the selling, hav- 
ing, keeping, maintaining, possessing, or control- 
ling of any wild and potentially dangerous ani- 
mals within the City and County of San Francisco 
by any of the following: zoos, circuses, museums, 



Sec. 60. 



San Francisco - Health Code 



34 



educational institutions, veterinary hospitals, the 
public pound, or film and video productions, 
provided that said animals are had, kept, main- 
tained, possessed or controlled in compliance 
with other local, state and federal regulations 
and said animals are confined in a manner 
deemed by the Director to protect the public from 
harm, and a California Board-certified veterinar- 
ian is present to insure the wellbeing of said 
animals. (Added by Ord. 81-78, App. 2/10/78; 
amended by Ord. 331-93, App. 10/22/93) 

SEC. 61. EXCEPTION— FOR 
TRANSPORTATION OF ANIMALS 
THROUGH CITY AND COUNTY. 

The provisions of Sections 50 through 66 of 
this Chapter shall not apply to any wild and 
potentially dangerous animal, when such per- 
son, with the permission of the Department of 
Public Health, is transporting such animal 
through the City and County, has taken ad- 
equate safeguards to protect the public and has 
notified the Department of Public Health, the 
Police Department and the Animal Control Of- 
ficer of the proposed route of transportation and 
time thereof. (Added by Ord. 81-78, App. 2/10/78) 

SEC. 62. NOTICE OF ESCAPE. 

Any person who has, keeps, or maintains a 
wild and potentially dangerous animal as per- 
mitted in Section 52 of this Chapter that escapes 
from its confinement shall immediately notify 
the Department of Public Health, the Police 
Department and the Animal Control Officer of 
such escape. (Added by Ord. 81-78, App. 2/10/78) 

SEC. 63. IMPOUNDMENT. 

Any wild and potentially dangerous animal 
as defined in Section 51 of this Chapter which is 
found running loose in the City and County of 
San Francisco shall be impounded by the Animal 
Control Officer. (Added by Ord. 81-78, App. 2/10/ 
78) 



knows, or is able to ascertain, the name and 
address of the owner thereof, such Officer shall 
immediately give or cause to be given notice in 
writing to such owner of the fact of such removal, 
the grounds thereof, the place to which such 
animal has been removed, and of the procedures 
for recovery of impounded animals. (Added by 
Ord. 81-78, App. 2/10/78) 

SEC. 65. DISPOSITION OF WILD AND 
POTENTIALLY DANGEROUS ANIMALS. 

Reclamation by an owner who holds a cur- 
rently valid permit of any impounded wild and 
potentially dangerous animal will be permitted 
upon the showing of said permit for said animal, 
upon receipt of permission for said reclamation 
from the Director, and upon the payment to the 
Animal Control Officer of the actual costs for the 
capture, impoundment and care of such animal. 
Any person owning a wild and potentially dan- 
gerous animal but not possessing a currently 
valid permit, may reclaim such animal only 
when said owner can assure the Director that 
the animal will be forthwith removed from the 
City and County of San Francisco, and after 
payment of the fees stated above to the Animal 
Control Officer. Any animal which has been 
impounded or taken into custody which is not 
reclaimed by the owner pursuant to this Section 
within fourteen (14) days after notice to reclaim 
has been given shall be deemed to be abandoned, 
and may be sold, destroyed or otherwise disposed 
of by the Animal Control Officer, provided, how- 
ever, that if said animal is dangerous to retain or 
is suffering excessively, it may forthwith be hu- 
manely destroyed by the Animal Control Officer. 
(Added by Ord. 81-78, App. 2/10/78) 



SEC. 64. NOTICE OF REMOVAL. 

Whenever an Animal Control Officer causes 
the removal of such wild and potentially danger- 
ous animal as herein authorized, and the Officer 



35 Animals Sec. 66. 



SEC. 66. PENALTY. 

Any person who has, keeps, maintains or has 
in his possession or under his control a wild and 
potentially dangerous animal in violation of any 
of the provisions of Sections 50 through 66 of this 
Chapter shall be guilty of a misdemeanor and 
shall be subject to imprisonment in the County 
Jail for not more than six (6) months or a fine not 
to exceed five hundred dollars ($500) or both. 
(Added by Ord. 81-78, App. 2/10/78) 



Sec. 66. San Francisco - Health Code 36 



[The next page is 55] 



ARTICLE 1A: ANIMAL SACRIFICE 



Sec. 1A.1. Findings. 

Sec. 1A.2. Definitions. 

Sec. 1A.3. Animal Sacrifice Prohibited. 

Sec. 1A.4. Sale of Animal for Sacrifice 

Prohibited. 

Sec. 1A.5. Penalties. 

Sec. 1A.6. Exceptions. 

Sec. 1A.7. Enforcement. 

Sec. 1A.8. Severability. 

SEC. 1A.1. FINDINGS. 

The Board of Supervisors hereby finds and 
declares that: 

(1) Animals, including but not limited to 
chickens, pigeons, doves, ducks, guinea fowl, 
goats, sheep, dogs, cats and turtles are being 
sacrificed by groups and individuals in this City, 
using methods known to be unreliable and not 
humane and causing great fear, pain and need- 
less injury and death to the animals being sac- 
rificed; 

(2) Sacrificial animals are often subjected 
to inhumane treatment prior to being killed, in 
that they are kept in overcrowded and filthy 
conditions, are kept in close confinement and 
with animals not of their own species while 
awaiting sacrifice and are often deprived of food 
and water for days before being killed, possibly 
so that the animal does not defecate or urinate 
out of fear in the course of the sacrifice; 

(3) Stress and fear experienced by chickens, 
a commonly sacrificed animal, affects the chicken's 
immune system and increases growth of bacte- 
ria, especially salmonella, in the chicken's sys- 
tem, creating a human health hazard; 

(4) There is no reasonable means to guar- 
antee that animals used in sacrifice are disease- 
free; 

(5) Following the practice of animal sacri- 
fice, animal remains are often left in public 
places; 



(6) Improperly disposed-of animal remains 
present a serious public health hazard, in that 
areas where dead animals are left attract and 
become a harborage for flies, rats and fleas, thus 
increasing the likelihood of the spread of disease 
to other animals and to humans; 

(7) Flies attracted to animal remains are 
themselves known to transmit numerous human 
and animal diseases, including dysentery, ty- 
phoid, cholera, salmonella, salmonosis, infec- 
tious hepatitis and parasitic worms; 

(8) Rats are commonly associated with the 
spread of disease, including plague, Leptus Py- 
rosis and typhus; 

(9) The sanitary disposal of the remains of 
sacrificial animals by the diverse individuals 
and groups practicing such rites cannot reason- 
ably be monitored or controlled; 

( 10) There is no guarantee that children are 
not exposed to animal sacrifice which may ad- 
versely affect the mental health and behavior of 
the child, to the detriment of both the child and 
the community; 

(11) This ban on animal sacrifice is impera- 
tive (1) to prevent cruelty to animals, (2) to 
safeguard the health, safety and welfare of the 
community, and (3) to prevent the adverse psy- 
chological impact on children exposed to animal 
sacrifices; 

(12) This Article shall apply to any person, 
group, firm or corporation that kills, maims or 
sacrifices any animal in any type of ritual, or 
provides animals for that purpose. (Added by 
Ord. 283-92, App. 9/4/92) 

SEC. 1A.2. DEFINITIONS. 

As used in this Chapter, the following words 
and phrases shall have the meanings indicated 
herein: 

"Animal" shall mean any member of any 
species of the animal kingdom. 



55 



Sec. 1A.2. 



San Francisco - Health Code 



56 



"Animal sacrifice" shall mean the intentional 
killing or maiming of any animal in a ritual, 
which killing or maiming is committed not in 
accordance with State and federal humane slaugh- 
ter laws and which is not primarily for consump- 
tion as food. 

"Ritual slaughter" shall mean the prepara- 
tion and killing of any animal for consumption as 
food in compliance with the State Kosher Food 
Law (Penal Code Section 383b), or any other 
applicable kosher slaughter statute. 

"Slaughter" shall mean the killing of any 
animal by any person, group, firm or corporation 
for consumption as food in accordance with State 
and federal humane slaughter laws. (Added by 
Ord. 283-92, App. 9/4/92) 

SEC. 1A.3. ANIMAL SACRIFICE 
PROHIBITED. 

It shall be unlawful for any person, group, 
firm or corporation to engage in animal sacrifice. 
(Added by Ord. 283-92, App. 9/4/92) 

SEC. 1A.4. SALE OF ANIMAL FOR 
SACRIFICE PROHIBITED. 

It shall be unlawful for any person, group, 
firm or corporation to knowingly sell, give, trans- 
fer, or offer to sell, give, transfer or otherwise 
provide any animal to another person for sacri- 
fice. (Added by Ord. 283-92, App. 9/4/92) 

SEC. 1A.5. PENALTIES. 

Any person who violates any provision of 
Sections 1A.3 through 1A.4 shall be deemed 
guilty of a misdemeanor or infraction. 

(a) If charged as an infraction, the penalty 
upon conviction of such person shall be a fine not 
exceeding $500. 

(b) If charged as a misdemeanor, the pen- 
alty upon conviction of such person shall be 
imprisonment in the County Jail for a period not 
to exceed one year or by a fine not exceeding 
$1,000 or by both fine and imprisonment. 

(c) The complaint charging such violation 
shall specify whether the violation charged is a 
misdemeanor or an infraction. 



(d) Prima Facie Violation. The discovery 
of the presence of any animal carcass, animal 
parts or animal blood in proximity to the pres- 
ence of any ritual paraphernalia shall constitute 
prima facie evidence of a violation of this Article. 
(Added by Ord. 283-92, App. 9/4/92) 

SEC. 1A.6. EXCEPTIONS. 

Nothing in this Article shall be construed to 
prohibit any person, firm or corporation from 
lawfully operating under the laws of this State 
and engaging in the slaughter or ritual slaughter 
of animals, as defined herein. (Added by Ord. 
283-92, App. 9/4/92) 

SEC. 1A.7. ENFORCEMENT. 

(a) Any provision of Sections 1A.3 through 
1A.4 may be enforced by the Department of 
Animal Care and Control, the Department of 
Public Health, or the San Francisco Police De- 
partment, or any duly authorized designee. Said 
departments shall have authority to investigate 
any suspected violation of this Article. 

(b) Any department authorized to enforce 
this Article, which receives a complaint of or 
otherwise becomes aware of any violation of 
Sections 1A.3 through 1A.4, subject to penalties 
under Section 1A.5, shall present the complaint 
or violation to the District Attorney for prosecu- 
tion. (Added by Ord. 283-92, App. 9/4/92) 

SEC. 1A.8. SEVERABILITY. 

If any part or provision of Sections 1A.3 
through 1A.4, or the application thereof, to any 
person or circumstance is held invalid, the re- 
mainder of the Section, including the application 
of such part or provision to other persons or 
circumstances, shall not be affected thereby and 
shall continue in full force and effect. To this end, 
the provisions of the Sections are severable. 
(Added by Ord. 283-92, App. 9/4/92) 



[The next page is 75] 



ARTICLE 2: COMMUNICABLE DISEASES 



Sec. 


72. 


Quarantine Powers. 


Sec. 


73. 


Quarantine and/or Examination 
for Venereal Disease. 


Sec. 


77. 


Prevention of Spread of Disease. 


Sec. 


82. 


Prevention of Spread of 
Communicable Diseases. 


Sec. 


87. 


Removal of Persons Afflicted 
With Contagious Diseases. 


Sec. 


92. 


Rodent Control. 


Sec. 


98. 


Tuberculosis. 


Sec. 


103. 


Prohibiting Importation and 
Sale of Ground Squirrels. 


Sec. 


104. 


Penalty. 



SEC. 72. QUARANTINE POWERS. 

The Department of Public Health of this City 
and County is hereby authorized and empowered 
to quarantine persons, houses, places and dis- 
tricts within this City and County, when in its 
judgment it is deemed necessary to prevent the 
spreading of contagious or infectious diseases. 

SEC. 73. QUARANTINE AND/OR 
EXAMINATION FOR VENEREAL 
DISEASE. 

(a) The Director of Public Health, or his 
duly authorized deputy, is hereby authorized and 
directed to quarantine and/or examine any per- 
son of either sex whom he has reasonable grounds 
to believe is afflicted with a venereal disease and 
is likely to expose others thereto. 

(b) Owing to the prevalence of such diseases 
among sex offenders, the arrest of any person of 
either sex for (1) vagrancy involving a sex of- 
fense, prostitution, being a keeper, inmate, em- 
ployee, or frequenter of a house of ill fame, 
prostitution, or assignation, being a lewd or 
dissolute person, or (2) adultery, lewd or lascivi- 
ous conduct, or other criminal charge involving a 
sex offense; is to be considered and is hereby 
declared to furnish reasonable grounds for the 
examination provided for in the preceding sub- 



section; provided, however, it shall be the duty of 
the Director of Public Health, or his duly autho- 
rized deputy to examine into each such arrest 
and the circumstances leading thereto, in order 
to determine whether there exists in fact reason- 
able grounds to believe the arrested person to be 
afflicted with a venereal disease. The term "pros- 
titution" as used in this subsection shall include 
the giving or receiving of the body for sexual 
intercourse for hire and the giving or receiving of 
the body for indiscriminate sexual intercourse 
without hire. 

(c) In furtherance of the purpose of the two 
preceding subsections, the Director of Public 
Health, or his duly authorized deputy, shall have 
the power to quarantine and/or examine, in such 
a manner and by such methods as modern sci- 
ence has found to be proper, all persons taken 
into custody by the Police Department of the City 
and County of San Francisco who are suspected 
by the Director of Public Health, or his duly 
authorized deputy of being afflicted with any 
venereal disease. 

(d) No person convicted of any of the charges 
mentioned in Subsection (b) of this Section shall 
be released until examined for such venereal 
diseases by the Director of Public Health, his 
deputy or assistants. 

(e) When any minor has acquired a vene- 
real disease, his or her parents or guardians 
shall be legally responsible for the compliance of 
such minors with the requirements of the rules 
and regulations pertaining to venereal diseases. 

(f) In addition to the powers and duties 
herein mentioned and the other powers and 
duties imposed upon him, the said Director of 
Public Health shall have the power to and shall 
make and promulgate such rules and regulations 
as are reasonably necessary for the prevention 
and control of venereal disease in this City and 
County and to effectuate the provisions of this 
Section. 



75 



Sec. 73. 



San Francisco - Health Code 



76 



(g) Nothing in this Section shall be con- 
strued to require that any person who adheres to 
the faith or teachings of any well recognized 
religious sect, denomination or organization, and 
in accordance with its creed, tenets, or principles 
depends for healing upon prayer in the practice 
of religion, shall submit to or receive any medical 
or physical treatment; but such person, if found 
to be afflicted with any venereal disease, shall be 
subject to isolation or quarantine in accordance 
with this Section and the law of the State of 
California. 

(h) If any Subsection, Subdivision, para- 
graph, sentence, clause or phrase of this Section 
is for any reason held to be unconstitutional, 
such decision shall not affect the validity of the 
remaining portions of this Section. The Board of 
Supervisors hereby declares that it would have 
passed this Section and each Subsection, Subdi- 
vision, paragraph, sentence, clause or phrase 
thereof, irrespective of the fact that any one or 
more other Subsections, Subdivisions, para- 
graphs, sentences, clauses or phrases be de- 
clared unconstitutional. 

SEC. 77. PREVENTION OF SPREAD OF 
DISEASE. 

The term "contagious disease" shall include 
every disease of an infectious, contagious or 
pestilential nature, particularly cholera, yellow 
fever, smallpox, varicella, pulmonary tuberculo- 
sis, diphtheria, membraneous croup, scarlet fe- 
ver, typhus fever, measles, pneumonia and every 
other disease publicly declared by the Depart- 
ment of Public Health to be dangerous to the 
public health. 

(a) Reports of Physicians and Others. 

Every physician must report in writing to the 
Department of Public Health within 24 hours 
after he has been called to attend any person 
affected with any infectious, contagious or pesti- 
lential disease, the name and place of residence 
of such person and the name and state of the 
disease. In the event of the death of any person 
afflicted with any such disease, the attending 
physician must report in writing to the Depart- 
ment of Public Health within 24 hours thereaf- 



ter, the name and place of residence of the 
deceased and the specific name and type of such 
disease. 

Every physician, and every person having 
the control or management of any public or 
private institution or dispensary, shall report in 
writing to the Department of Public Health the 
name, age, sex, occupation and place of residence 
of every person afflicted with pulmonary tuber- 
culosis who shall have come under his care, 
within one week thereafter. 

(b) Observation of Rules, Etc. Every per- 
son afflicted with pulmonary tuberculosis, and 
every person in attendance upon any person so 
afflicted, and every person in charge of any 
private or public hospital or dispensary, shall 
observe and enforce all sanitary rules and regu- 
lations adopted by the Department of Public 
Health to prevent the spread of pulmonary tu- 
berculosis. 

(c) Interference With Officers, Etc. It 

shall be unlawful for any person to interfere with 
or obstruct the officers or inspectors of the De- 
partment of Public Health, in the examination of 
any building or premises wherein a person is 
reported to be afflicted with any infectious, con- 
tagious or pestilential disease. 

(d) Posting of Notices. The Department of 
Public Health is hereby authorized and empow- 
ered to post in a conspicuous place upon any 
building or premises wherein any person is af- 
flicted with any infectious, contagious or pesti- 
lential disease, a notice specifying the name of 
such disease. It shall be unlawful for any person 
to interfere with the posting of such notice or to 
tear down or mutilate any notice so posted by the 
Department of Public Health in or upon any 
building or premises. 

(e) Reports of Masters, Etc. The master 
or chief officer of every vessel within Va of a mile 
of any wharf, dock, pier or any building in this 
City and County, and not in quarantine or within 
the quarantine limits, shall report daily, in writ- 
ing, to the Department of Public Health the 
name of any person on such vessel afflicted with 



77 



Communicable Diseases 



Sec. 77. 



any infectious, contagious, or pestilential dis- 
ease, and particulars of such disease and the 
condition of the person afflicted therewith. 

The master or chief officer of any vessel 
which shall arrive in this port, and every physi- 
cian who practiced on such vessel, shall, imme- 
diately upon arrival, report in writing to the 
Department of Public Health all facts concerning 
any person who may have been afflicted with any 
infectious, contagious or pestilential disease dur- 
ing the voyage to this port, and also all the facts 
concerning any person or thing carried on such 
vessel during such voyage which, in his opinion, 
may endanger the public health of this City and 
County. 

(f) Quarantine of Premises. Whenever the 
Department of Public Health shall have reason 
to suspect the presence of an infectious, conta- 
gious or pestilential disease within any building 
or premises, and the physician in attendance or 
the head of the family refuses to permit the 
representative of the Department of Public Health 
to examine the person suspected of being af- 
flicted with such infectious disease, the Depart- 
ment of Public Health shall quarantine the pre- 
mises and prevent egress and ingress from and 
to the same until such examination is permitted 
or until said Department has practiced disinfec- 
tion and detention to its satisfaction. 

(g) Notice to Department. Whenever any 
person residing in a hotel, boarding house, lodg- 
ing house or tenement house is afflicted with any 
infectious, contagious or pestilential disease, 
owner, lessee, keeper or manager of such place 
must immediately give notice thereof to the 
Department of Public Health. Immediately upon 
the receipt of such notice the Department of 
Public Health must cause an examination of the 
person so afflicted, and, if in its judgment it be 
necessary, he shall cause such hotel, boarding 
house, lodging house or tenement house, or any 
part thereof, to be immediately cleansed and 
disinfected in an effective manner; and the De- 
partment of Public Health may cause the walls 
thereof to be whitewashed, or any wall paper 
thereon to be removed or replaced; and he may 
cause the bedding and bed clothes used by the 



person so afflicted to be thoroughly cleansed, 
scoured and fumigated, or, if necessary, to be 
destroyed. 

(h) Duties of Undertakers and Others 
in Cases of Death. Every undertaker employed 
to manage the interment of any person who has 
died of any infectious, contagious or pestilential 
disease must give immediate notice thereof to 
the Department of Public Health. It shall be 
unlawful for an undertaker to retain, or expose 
or assist in the detention or exposure of the dead 
body of any such person unless the same be in a 
coffin or casket, properly sealed, or to allow any 
such body to be placed in a coffin or casket unless 
such body has been thoroughly disinfected and 
wrapped in a sheet saturated with a one five- 
hundredth solution of bichloride of mercury, and 
unless the coffin or casket is of metallic sub- 
stance and hermetically sealed immediately af- 
ter the body has been placed therein. 

It shall be unlawful for any person to remove 
the body of any person who has died from an 
infectious, contagious or pestilential disease from 
the room in which the death occurred, except for 
burial or cremation; and the body of the person 
so dying must be interred or cremated within 24 
hours after the time of death; provided, however, 
that the Department of Public Health may by 
special permit, good cause appearing therefor, 
extend such time; but in no case shall such 
extension be for more than 36 hours from the 
time of death. 

It shall be unlawful for any person having 
the possession or charge of the remains of any 
person who shall have died of any infectious, 
contagious or pestilential disease to permit such 
remains to be viewed by any person except the 
attending physician, the representatives of the 
Department of Public Health, the undertaker 
and his assistants, and the immediate members 
of the family of the decedent, or to permit formal 
services to be held over such remains within the 
premises where the death of such person oc- 
curred, or to remove or cause to be removed the 
body of such deceased person from said premises 
to any place other than a cemetery or crematory. 



Sec. 77. 



San Francisco - Health Code 



78 



It shall be unlawful for any undertaker to 
assist in a public or church funeral of the body of 
any person who has died of an infectious, conta- 
gious or pestilential disease. 

(i) Removal of Afflicted Persons With- 
out Permit. It shall be unlawful for any person, 
without a written permit from the Department of 
Public Health to remove, or cause to be removed, 
any person afflicted with any infectious, conta- 
gious or pestilential disease, from any building 
to any other building, or from any vessel to any 
other vessel, or to the shore, or to any public 
vehicle. 

It shall be unlawful for any person to remove, 
or cause to be removed, any person afflicted with 
any infectious, contagious or pestilential disease 
from any building to any other building, or 
hospital, unless said patient is wrapped in a 
sterile sheet. All clothing, including bed clothes 
and mattresses, used by the patient shall be 
thoroughly fumigated after patient has been 
removed. The interior of all ambulances or other 
vehicles used for the purpose of removing such 
patients shall be thoroughly washed with a dis- 
infecting solution immediately following such 
use. 

(j) Negligence of Persons Exposed to 

Disease. It shall be unlawful for any person 
having charge or control of any person afflicted 
with an infectious, contagious or pestilential 
disease, or having control of the dead body of any 
person who has died of any such disease, to cause 
or contribute to the spread of any such disease by 
any negligent act in the care of such sick person 
or such dead body, or by the needless exposure of 
himself in the community. 

(k) Duties Regarding Children of School 
Age. It shall be unlawful for any principal or 
superintendent of any public or private school, or 
any parent, guardian or custodian of any minor 
child afflicted with an infectious, contagious or 
pestilential disease, or in whose household any 
person is so afflicted, to permit such minor to 
attend any public or private school until the 
Department of Public Health shall have given its 
written permission therefor. 



SEC. 82. PREVENTION OF SPREAD OF 
COMMUNICABLE DISEASES. 

The Department of Public Health shall, at 
its discretion, send to the superintendents, prin- 
cipals and teachers of all public, parochial and 
private schools, circulars at least once in each 
school year, prepared under the direction of the 
Director of Public Health, giving a description of 
the symptoms of the communicable diseases of 
children and of the parasitic disease of the skin, 
including pediculosis, scabies and favus. 

The Department of Public Health shall, upon 
obtaining information as to the existence of a 
case of tuberculosis or pneumonia, send to the 
physician, surgeon, nurse or other person attend- 
ing the case, printed circulars, giving, in clear 
and simple language, information concerning 
the communicability, dangers and methods of 
prevention of tuberculosis or pneumonia as the 
case may be, together with a request that the 
circulars be given to the patient or to a respon- 
sible member of his family. 

The Department of Public Health, upon re- 
quest of a physician, surgeon, nurse or other 
person attending a case of tuberculosis, shall 
send a representative to the house of the patient 
to give information concerning the communica- 
bility, dangers and methods of prevention of 
tuberculosis. 

The Department of Public Health shall, upon 
obtaining information as to the occurrence of a 
case of tuberculosis, in any tenement house, 
hotel, lodging house, boarding house, hospital, 
prison or asylum, send a representative to leave 
circulars and to give information as provided in 
this Section. 

The Department of Public Health, upon ob- 
taining information as to the occurrence of a case 
of tuberculosis of any person unable to pay for 
medical assistance, shall send a Sanitary Inspec- 
tor or City Physician to take charge of the case, 
and to report the same to the Department. 

The Department of Public Health shall pre- 
serve all reports upon cases of tuberculosis, and 
the records of the same. 



79 



Communicable Diseases 



Sec. 92. 



The Department of Public Health shall, once 
each year or oftener, if necessary, send to every 
physician, surgeon and nurse, printed circulars 
giving a description of the most approved meth- 
ods of destruction or disinfection of the dis- 
charges of persons having actinomycosis, bron- 
chitis, cholera, cholera infantum, diphtheria, 
dysentery, influenza, measles, pneumonia, ru- 
bella, scarlet fever, laryngeal and pulmonary 
tuberculosis and typhoid fever and all contagious 
diseases. 

It shall be unlawful for any person or per- 
sons, firm or corporation, to obstruct or interfere 
with the said Department of Public Health, or 
any officer, agent or employee of said Depart- 
ment, in the performance of any of the duties 
required by this Section and any person, per- 
sons, firm or corporation so obstructing or inter- 
fering with the said Department of Public Health 
or any officer, agent or employee of said Depart- 
ment shall be guilty of a misdemeanor. 

SEC. 87. REMOVAL OF PERSONS 
AFFLICTED WITH CONTAGIOUS 
DISEASES. 

The Department of Public Health of the City 
and County of San Francisco is hereby autho- 
rized and empowered, whenever in its judgment 
it may be necessary for the protection of the 
public health and public safety, and for the 
prevention of the spread of smallpox, cholera, 
yellow fever, bubonic plague, typhus fever, polio- 
myelitis, diphteria and scarlet fever, to remove 
or cause to be removed, any person or persons 
afflicted with any of said diseases who may be 
found residing in any hotel, lodging house, board- 
ing house, tenement house, or any other place or 
places, or districts within the City and County of 
San Francisco, to such hospitals with the City 
and County of San Francisco as said Director of 
Public Health may designate. 

SEC. 92. RODENT CONTROL. 

This Section is designed to be and is enacted 
as a police and sanitary regulation for the pro- 
tection of the public health, and particularly to 
prevent the propagation and spread of bubonic 
plague and other established and emerging ro- 



dent borne infectious diseases. The term "ro- 
dent" as used in this Section shall mean any 
animal belonging to the Order of Rodentia, such 
as rats and mice, but shall not include animal(s) 
kept in compliance with Section 37 of this Code. 

(a) Authority of Director. The Director of 
Public Health, or any agent or inspector ap- 
pointed by the Director for the purpose, shall 
have authority, after announcing the purpose of 
his visit, and shall be permitted to enter any 
building or premises, or any part thereof, in the 
City and County during reasonable hours of any 
day, for the purpose of inspecting the same, and 
to ascertain whether the provisions of this Sec- 
tion have been complied with by the owner and 
occupant thereof. 

(b) All Buildings to be Free of Rodents. 

All buildings, places and premises whatsoever in 
the City and County shall immediately and con- 
tinuously be kept in a clean and sanitary condi- 
tion, and free from rodents by the owner and/or 
the occupant thereof. 

(c) Exclusion of Rodents in Buildings. 

All building and basement walls of all store- 
rooms, warehouses, residences or other build- 
ings within the City and County; all chicken 
yards or pens, chicken coops or houses, and all 
barns and stables, shall be so constructed or 
repaired as to prevent rodents from being har- 
bored underneath the same or within the walls 
thereof, and all food products or other products, 
goods, wares and merchandise liable to attract or 
to become infested or infected with rats, rodents, 
whether kept for sale or for any other purpose, 
shall be so protected by the owner or occupant as 
to prevent rodents from gaining access thereto or 
coming in contact therewith. 

(d) Docks, Etc., Exclusion of Rodents. 

All public and private docks and wharves in the 
City and County, wherever located, shall be so 
protected as to prevent rodents from gaining 
entrance to such docks or wharves, at either high 
or low tide, from vessels anchored or moored 
alongside of such docks or wharves, or from other 
sources, and all food products stored in docks or 



Sec. 92. 



San Francisco - Health Code 



80 



wharves shall be so kept and stored as to prevent 
rodents from gaining access thereto or coming in 
contact therewith. 

(e) Marine Vessels; Rodent Shield; Duty 
of Vessel Owners. 

(1) It shall be unlawful to permit any ves- 
sel, steamboat, or other watercraft, except ves- 
sels engaged in domestic commerce, to lie along- 
side of any wharf or dock in the City and County 
of San Francisco unless the chain, hawser, rope 
or line of any kind extending from any such 
vessel to the dock or wharf is equipped with and 
has properly and securely attached thereto a 
rodent shield or guard of such design as shall be 
approved by the Director or a person designated 
by her or him. 

(2) Whenever plague, either the pneumonic 
or bubonic type, or any other disease transmitted 
or otherwise caused by rodents, exists in any 
domestic port, and the Director determines that 
vessels touching such port may pose a threat to 
the health and safety of the citizens of the City 
and County of San Francisco, all vessels engaged 
in domestic commerce touching at any such port 
shall comply with the provisions of this Subsec- 
tion. 

(3) It shall be the duty of the owner, agent, 
master or other officer in charge of any such 
vessel, steamboat, or other watercraft to comply 
with this Subsection. 

(f) Slaughterhouses, Exclusion of Ro- 
dents. All slaughterhouses of every kind and 
nature and wherever located in the City and 
County shall be so protected as to prevent ro- 
dents from gaining access to the building or 
buildings thereof, and all holes and openings in 
the building or basement walls shall be thor- 
oughly stopped with cement or other material 
approved by the Director of Public Health, and 
all food products stored in slaughterhouses shall 
be so kept as to prevent rodents from coming in 
contact therewith. 

(g) Dumping of Waste Matter Prohib- 
ited. 

(1) No person, firm or corporation shall cause 
or permit the dumping or placing upon any land, 
or in any water or waterway, within the City and 



County, any dead animal, butchers' offal, fish or 
parts of fish, or any waste vegetable or animal 
matter whatever. 

(2) No person, firm or corporation, whether 
the owner, lessee, occupant or agent of any 
premises, shall keep or permit to be kept in any 
building, area way, or upon any premises, or in 
any alley, street or public place adjacent to any 
premises, any waste animal or vegetable matter, 
dead animals, butchers' offal, fish or parts of 
fish, swill or any refuse matter from any restau- 
rant, eating place, residence, place of business or 
other building, unless the same be collected and 
kept in a tightly covered or closed can or vessel. 

(3) No rubbish, waste or manure shall be 
placed, left, dumped or permitted to accumulate 
or remain in any building, place or premises in 
the City and County so that the same shall or 
may afford food or a harboring or breeding place 
for rodents. (Amended by Ord. 125-01, File No. 
010269, App. 6/15/2001) 

Sec. 93. 

(Amended by Ord. 150-73, App. 4/12/73; repealed 

by Ord. 125-01, File No. 010269, App. 6/15/2001) 

Sec. 94. 

(Amended by Ord. 179-85, App. 4/4/85; repealed 

by Ord. 125-01, File No. 010269, App. 6/15/2001) 

Sec. 95. 

(Amended by Ord. 179-85, App. 4/4/85; repealed 

by Ord. 125-01, File No. 010269, App. 6/15/2001) 

Sec. 95.5. 

(Amended by Ord. 179-85, App. 4/4/85; Ord. 
197-98, App. 6/19/98; repealed by Ord. 125-01, 
File No. 010269, App. 6/15/2001) 

Sec. 96. 

(Added by Ord. 150-73, App. 4/12/73; repealed by 

Ord. 125-01, File No. 010269, App. 6/15/2001) 

Sec. 96.5. 

(Amended by Ord. 437-84, App. 11/2/84; repealed 

by Ord. 125-01, File No. 010269, App. 6/15/2001) 



81 



Communicable Diseases 



Sec. 98. 



Sec. 96.6. 

(Added by Ord. 150-73, App. 4/12/73; repealed by 

Ord. 125-01, File No. 010269, App. 6/15/2001) 

Sec. 96.7. 

(Added by Ord. 150-73, App. 4/12/73; repealed by 

Ord. 125-01, File No. 010269, App. 6/15/2001) 

Sec. 96.8. 

(Added by Ord. 150-73, App. 4/12/73; Ord. 125- 

01, File No. 010269, App. 6/15/2001) 

Sec. 97. 

(Added by Ord. 150-73, App. 4/12/73; repealed by 

Ord. 125-01, File No. 010269, App. 6/15/2001) 

Sec. 97.1. 

(Added by Ord. 150-73, App. 4/12/73; repealed by 

Ord. 125-01, File No. 010269, App. 6/15/2001) 

Sec. 97.2. 

(Added by Ord. 150-73, App. 4/12/73; repealed by 

Ord. 125-01, File No. 010269, App. 6/15/2001) 

Sec. 97.3. 

(Added by Ord. 150-73, App. 4/12/73; repealed by 

Ord. 125-01, File No. 010269, App. 6/15/2001) 

Sec. 97.4. 

(Added by Ord. 150-73, App. 4/12/73; repealed by 

Ord. 125-01, File No. 010269, App. 6/15/2001) 

Sec. 97.5. 

(Added by Ord. 150-73, App. 4/12/73; repealed by 

Ord. 125-01, File No. 010269, App. 6/15/2001) 

Sec. 97.6. 

(Added by Ord. 150-73, App. 4/12/73; repealed by 

Ord. 125-01, File No. 010269, App. 6/15/2001) 

SEC. 98. TUBERCULOSIS. 

Tuberculosis is hereby declared to be a com- 
municable disease, dangerous to the public health. 

(a) Report of Physicians and Others. It 

shall be the duty of every physician practicing in 
the City and County of San Francisco, and of 
every person in charge of any hospital, dispen- 
sary or other private or public institution in said 
City and County, to report in writing to the 



Director of Public Health the name, age, sex, 
color, occupation, address and place where last 
employed, of every person having tuberculosis 
which comes under his care or observation. Said 
reports shall be made in writing on a form 
furnished as hereinafter provided and shall be 
forwarded to said Director of Public Health within 
24 hours after knowledge of the case comes to 
said physician or person. 

(b) Sputum Examination. It shall be the 
duty of the Director of Public Health when so 
requested by any physician or by authorities of 
any hospital or dispensary to make or cause to be 
made a microscopical examination of the sputum 
sent him as that of a person having symptoms of 
tuberculosis accompanied by a blank giving name, 
age, sex, color, occupation, place where last em- 
ployed, if known, and address of the person 
whose sputum it is. It shall be the duty of the 
Director of Public Health to promptly make a 
report of the results of such examinations free of 
charge to the physician or person upon whose 
application the same is made. 

(c) Registration of Reports, Etc. It shall 
be the duty of the Director of Public Health to 
cause all reports and all results of examinations 
showing the presence of the bacilli of tuberculo- 
sis made in accordance with provisions of this 
Section to be recorded in a register of which he 
shall be the custodian. Such register shall not be 
open to inspection by any person other than the 
health authorities of the state and of the said 
City and County, and said health authorities 
shall not permit any such report or record to be 
divulged so as to disclose the identity of the 
person to whom it relates, except as may be 
necessary to carry into effect the provisions of 
this Section. 

(d) Notice of Vacation of Premises by 
Tubercular Patient. In case of vacation of any 
apartment or premises by the death or removal 
therefrom of a person having tuberculosis, it 
shall be the duty of the attending physician, or if 
there be no such physician, or if such physician 
be absent, of the owner, lessee, occupant or other 
person having charge of said apartment or pre- 
mises, to notify the Director of Public Health of 



Sec. 98. 



San Francisco - Health Code 



82 



said death or removal within 24 hours thereaf- 
ter; and such apartment or premises so vacated 
shall not be occupied until duly disinfected, 
cleaned, or renovated, as hereinafter provided. 

Further, it shall be unlawful for any person 
suffering from tuberculosis to change his or her 
residence or to be removed therefrom until the 
Director of Public Health has been notified so 
that the vacated apartment or premises may be 
disinfected, cleaned, or renovated. 

(e) Disinfection of Premises. When noti- 
fied of the vacation of any apartment or premises 
as provided in this Section, the Director of Public 
Health or one of his deputies shall thereafter 
visit said apartment or premises and shall order 
and direct that except for purposes of cleaning or 
disinfection no infected article shall be removed 
therefrom until property is suitably cleansed or 
disinfected, and said Director of Public Health or 
his deputy shall determine the manner in which 
said apartment or premises shall be disinfected, 
cleansed or renovated in order that they may be 
rendered safe and suitable for occupancy. After 
the health authorities determine that disinfec- 
tion is sufficient to render them safe and suitable 
for occupancy, said apartment or premises, to- 
gether with all infected articles therein, shall be 
immediately disinfected by the Director of Public 
Health; or if the owner prefers, by the owner at 
his expense to the satisfaction of the Director of 
Public Health. Should the Director of Public 
Health determine that such apartment or pre- 
mises are in need of thorough cleansing of reno- 
vating, a notice to this effect shall be served upon 
the owner or agent of said premises, and said 
owner or agent shall proceed to the cleansing of 
renovating of said apartment or premises in 
accordance with the instructions of the Director 
of Public Health and such cleansing and reno- 
vating shall be done at the expense of said owner 
or agent. Such articles that cannot be disinfected 
or renovated to the satisfaction of the Director of 
Public Health shall be destroyed. 

(f) Posting of Notice. In case the orders or 
directions of the Director of Public Health requir- 
ing the disinfecting, cleansing or renovating of 
any apartment or premises or any article therein 



as hereinbefore provided shall not be complied 
with within 48 hours after said orders or direc- 
tions shall be given, the Director of Public Health 
may cause a placard, in words and form substan- 
tially as follows, to be placed on the door of the 
infected apartment or premises: 

"Tuberculosis is a communicable disease. These 
apartments have been occupied by a consump- 
tive person and may be infected. They must not 
be occupied until the order of the Director of 
Public Health directing the disinfection or reno- 
vation has been complied with. This notice must 
not be removed under the penalty of the law 
except by the Director of Public Health or other 
duly authorized official." 

(g) Safe Disposal of Sputum, Etc. Any 

person having tuberculosis who shall dispose of 
his sputum, saliva or other bodily secretion or 
excretion so as to cause offense or danger to any 
person or persons occupying the same room or 
apartment, house or part of house, shall on 
complaint of any person subject to such offense 
or danger, be deemed guilty of a nuisance; and 
any person subject to such a nuisance may make 
complaint in writing to the Director of Public 
Health, and it shall be the duty of the Director of 
Public Health receiving such complaint to inves- 
tigate and if it appears that the nuisance com- 
plained of is such as to cause offense or danger to 
any person occupying the same room, apart- 
ment, house or part of house, he shall serve a 
notice on the person so complained of, reciting 
the alleged cause of offense or danger and requir- 
ing him to dispose of his sputum, saliva or other 
bodily secretion or excretion in such a manner as 
to remove all reasonable cause of offense or 
danger. 

It shall be the duty of a physician attending a 
patient for tuberculosis to take all proper pre- 
cautions and to give proper instructions to pro- 
vide for the safety of all individuals occupying 
the same house or apartment. 

(h) Removal of Patient, Etc. Whenever a 
person having tuberculosis is unable for finan- 
cial reasons, or from any other cause, to comply 
with the rules of the Director of Public Health 
providing for the precautions to be observed to 



83 



Communicable Diseases 



Sec. 103. 



prevent the spread of infection, or when such 
person willfully refuses to comply with said rules 
and in all cases where children are unavoidably 
exposed to infection, the Director of Public Health 
may, on presentation to it of proof that such 
person is a sufferer from tuberculosis, order his 
immediate removal to a hospital or other insti- 
tution for the care of sufferers from tuberculosis. 
Such person shall not be permitted to leave such 
hospital or other institution until the danger of 
infection has been removed or he is able and 
willing to comply with the precautions and rules 
herein referred to. 

(i) Procedure and Precautions to Be 
Taken. It shall be the duty of the Director of 
Public Health to transmit to a physician report- 
ing a case of tuberculosis as provided in this 
Section a printed statement and report naming 
such procedure and precautions as are necessary 
or desirable to be taken on the premises of a 
tubercular patient. Upon receipt of such state- 
ment or report, the physician shall carry into 
effect all such procedures and precautions as are 
therein prescribed, and shall thereupon sign and 
date the same, and return to the Director of 
Public Health without delay; or if such attending 
physician be unwilling or unable to carry into 
effect the procedure and precautions so specified, 
he shall so state on this report, and immediately 
return the same to the Director of Public Health 
and the duties therein prescribed shall there- 
upon devolve upon said Director of Public Health. 
Upon the receipt of this statement and report, 
the Director of Public Health shall examine the 
same and satisfy himself that the attending 
physician has taken all necessary and desirable 
precautions to insure the safety of all persons 
living in the apartment or premises occupied by 
the person having tuberculosis. If the precau- 
tions taken or instructions given by the attend- 
ing physician are, in the opinion of the Director 
of Public Health, not such as will remove all 
reasonable danger or probability of danger to the 
persons occupying the same house or apartment 
or premises, the Director of Public Health shall 
return to the attending physician the report with 
a letter specifying the additional precautions or 
instructions which the Director of Public Health 



shall require him to make or give; and the said 
attending physician shall immediately take the 
additional precautions and give the additional 
instructions specified and shall record and re- 
turn the same on the original report to the 
Director of Public Health. It shall be the duty of 
the Director of Public Health to transmit to every 
person reporting any case of tuberculosis, or if 
there be no attending physician, to the person 
reported as suffering from this disease, a circular 
of information which shall inform the consump- 
tive of the precautions necessary to avoid trans- 
mitting the disease to others. 

(j) Violations. It shall be unlawful for any 
physician or person practicing as a physician to 
report knowingly as affected with tuberculosis 
any person who is not so affected or willfully 
make any false statement concerning the name, 
sex, color, occupation, place where last employed, 
if known, or address of any person reported as 
affected with tuberculosis, or certify falsely as to 
any of the precautions taken to prevent the 
spread of infection. 

(k) Children of School Age. No instruc- 
tor, teacher, pupil or child affected with pulmo- 
nary tuberculosis shall be permitted by any 
superintendent, principal or teacher of any pub- 
lic, private or parochial school, to attend school 
except by written permission of the Director of 
Public Health. 

(1) Recovery Reports. Upon the recovery 
of any person having tuberculosis, it shall be the 
duty of the attending physician to make a report 
of this fact to the Director of Public Health, who 
shall record the same in the records of his office 
and shall relieve said person of further liability 
to any requirements imposed by this Section. 

SEC. 103. PROHIBITING IMPORTATION 
AND SALE OF GROUND SQUIRRELS. 

No person or persons, firm, company or cor- 
poration shall import into the City and County of 
San Francisco, or shall sell, expose for sale or 
exchange or deliver or distribute or have in their 
possession any ground squirrel or squirrels within 
the limits of the said City and County. 



Sec. 104. San Francisco - Health Code 84 

SEC. 104. PENALTY. 

Any person who shall violate any of the 
provisions of Section 103 of this Article shall be 
deemed guilty of a misdemeanor, and upon con- 
viction thereof, shall be punished by a fine of not 
less than $25, and not more than $500, or by 
imprisonment in the County Jail for not less 
than 10 days and not more than 100 days, or by 
both such fine and imprisonment. 



[The next page is 105] 



ARTICLE 3: HOSPITALS 



Sec. 111. Institutions. 

Sec. 112. Emergency Medical Services. 

Sec. 113. Functions. 

Sec. 114. Mental Health Service. 

Sec. 115. Admission to Hospitals, Allied 

Institutional Facilities or 

Services of City and County. 
Sec. 115.1. Priority of Admission to 

Institutions of the Department 

of Public Health. 
Sec. 116. Unit Cost. 

Sec. 118. Controller to Prescribe Forms, 

Etc. 
Sec. 119. Investigation of Patients. 

Sec. 120. Billing. 

Sec. 120.1. Fees for Emergency Medical 

Services Waived. 
Sec. 121. Billing to County of Residence. 

Sec. 122. Billing to Retirement System. 

Sec. 123. Penalty. 

Sec. 124. Reimbursement for Aid 

Granted. 

Sec. 124.1. Value of Aid Rendered. 

Sec. 124.2. Agreement to Reimburse. 

Sec. 124.3. Evaluation of Institutional 

Care — Laguna Honda Hospital. 

Sec. 124.4. Liens. 

Sec. 124.5. Liens on Actions Against Third 

Party. 
Sec. 125. Chief Administrative Officer 

Authorized to Contract with 

Other Hospitals. 
Sec. 126. Professional Fee of Physicians 

and Dentists. 
Sec. 127. Disposal of Unclaimed Personal 

Property at Laguna Honda 

Hospital. 
Sec. 128. Patient Rates. 

Sec. 128.1. Patient Rates/Fire Department 

EMS Services. 



Sec. 129. Charity Care Policy Reporting 

and Notice Requirement. 

Sec. 130. Definitions. 

Sec. 131. Reporting to the Department of 

Public Health. 

Sec. 132. Notification. 

Sec. 133. Authority to Adopt Rules and 

Regulations. 

Sec. 134. Enforcement. 

Sec. 135. City Undertaking Limited to 

Promotion of General Welfare. 
Sec. 136. Severability. 

Sec. 137. Preemption. 

Sec. 138. Annual Report to the Health 

Commission. 
Sec. 139. Written Informed Consent and 

Pre-Test Counseling Prior to 

HIV Testing. 

SEC. 111. INSTITUTIONS. 

The Department of Public Health is hereby 
authorized and directed to maintain the institu- 
tions to be known as Hassler Hospital, formerly 
known as Hassler Health Home, Laguna Honda 
Hospital (for Rehabilitation and Chronic Care), 
formerly known as Laguna Honda Home, and 
San Francisco General Hospital, formerly known 
as San Francisco Hospital. (Added by Ord. 75-66, 
App. 4/11/66) 

SEC. 112. EMERGENCY MEDICAL 
SERVICES. 

The Fire Department is hereby authorized to 
provide emergency medical services with the 
approval of the Health Commission and subject 
to such conditions and requirements as the Health 
Commission may establish pursuant to Charter 
Section 4.110. The Department of Public Health 
shall determine which Fire Department person- 
nel may provide emergency medical services and 
shall determine the standards, policies and medi- 
cal protocols that shall govern the Fire Depart - 



105 



Supp. No. 1, September 2006 



Sec. 112. 



San Francisco - Health Code 



106 



ment in its operations with respect to these 
services. Nothing herein is intended to affect the 
authority granted to the San Francisco Emer- 
gency Medical Services Agency, which serves as 
the local emergency medical services agency un- 
der State law. (Added by Ord. 171-97, App. 
5/2/97) 



SEC. 113. FUNCTIONS. 

The functions of the institutions may include, 
but are not limited to, the following: (1) care of 
the sick and injured as in-patients, or out- 
patients, (2) prevention of disease and disability, 
(3) care of certain persons for public health 
necessity, (4) promotion of health, (5) education 
of medical personnel, nurses, and paramedical 
personnel, (6) advancement of research and sci- 
entific medicine. (Added by Ord. 75-66, App. 
4/11/66) 



SEC. 114. MENTAL HEALTH SERVICE. 

A Community Mental Health Service in the 
City and County shall be administered by the 
Director of Public Health for the City and County, 
pursuant to the provisions of Division 8 of the 
Welfare and Institutions Code of the State (the 
Short-Doyle Act) and Chapter 15 of the San 
Francisco Administrative Code. The Department 
of Public Health is hereby authorized and di- 
rected to establish and maintain psychiatric ser- 
vices wherever necessary and feasible, in accor- 
dance with this Section. Such services may be 
established and maintained whether they are 
reimbursable under the Short-Doyle Act or not. 

Patients shall be charged in whole or in part 
for services and treatment given them as pro- 
vided in this Section and in accordance with 
their ability to pay as determined by the Director 
of Public Health after investigation. Maximum 
charges shall be as proposed by the Chief Admin- 
istrative Officer, concurred in by the controller, 
and adopted in a resolution by the Board of 
Supervisors. (Added by Ord. 75-66, App. 4/11/66) 



SEC. 115. ADMISSION TO HOSPITALS, 
ALLIED INSTITUTIONAL FACILITIES OR 
SERVICES OF CITY AND COUNTY. 

There shall be admitted to the institutions 
defined in Section 111 the following: 

(1) An indigent sick person or a dependent 
poor person of the City and County of San 
Francisco who possesses the required residence 
qualifications, upon application and after inves- 
tigation and approval by the Director of Public 
Health. 

(2) A narcotic addict or habitual inebriate 
temporarily in custody. 

(3) A physically defective and physically 
handicapped person under the age of 21 years 
when the parents or guardian of such person are 
not financially able to secure proper care or 
treatment and when such person's admission 
and treatment has been duly authorized in the 
manner provided by law. 

(4) A prisoner confined to the City and County 
Jail who requires medical or surgical treatment 
necessitating hospitalization where such treat- 
ment cannot be furnished or supplied at such jail 
when any court of the City and County shall 
have ordered the removal of such prisoner to the 
San Francisco General Hospital. 

(5) A person in need of immediate hospital- 
ization on account of accident or sudden sickness 
or injury or mental disorder or by reason of 
sickness or injury caused by or arising in a public 
emergency or calamity or disaster. 

(6) A person who has or who is suspected of 
having any communicable disease, or a person 
who is or who is suspected of being a carrier or 
other potential source of infectious disease. 

(7) A person to be isolated in the San Fran- 
cisco General Hospital by order of the Health 
Officer because he has or is suspected of having 
a communicable or infectious disease or because 
he is or is suspected of being a carrier of such a 
disease. 

(8) An expectant mother who is unable to 
pay for her necessary care. 



Supp. No. 1, September 2006 



106.1 Hospitals Sec. 115. 



(9) An indigent sick person or dependent 
poor person from another county whose care is 
reimbursable by the county of residence, as pro- 
vided in Section 1475 of the Health and Safety 
Code of the State. 

(10) A City and County employee who is 
judged by the Retirement Board to have suffered 
an injury arising out of and in the course of his 
employment by the City and County, when hos- 
pitalization is reasonably required to cure and 
relieve the effects of such injury. 



Supp. No. 1, September 2006 



[INTENTIONALLY LEFT BLANK] 



Supp. No. 1, September 2006 



107 



Hospitals 



Sec. 115. 



(11) Members of the San Francisco Disaster 
Corps who are determined under the provisions 
of the State Labor Code to have suffered an 
injury arising out of and in the course of perfor- 
mance of duties as members of the San Francisco 
Disaster Corps, when hospitalization is reason- 
ably required to cure and relieve the effects of 
such injury. 

(12) Any authorized volunteer or trainee 
assigned by the Director of Public Health, or 
Administrator of an institution and (a) assisting 
in the care and treatment of patients in any of 
the said institutions, or (b) assisting under su- 
pervision in any Bureau, Division, or Service of 
the Department of Public Health, who is judged 
by the Retirement Board to have suffered injury 
while actually serving as such volunteer in any 
of siich services, when hospitalization is reason- 
ably required to cure or relieve the effects of such 
injury. 

(13) Any juvenile committed to Log Cabin 
Ranch School or in custody in the Youth Guid- 
ance Center who requires medical or surgical 
treatment which cannot be furnished in such 
facility and who is adjudged by the Retirement 
Board to have suffered injury while actually 
performing duties assigned by the Chief Proba- 
tion Officer of the Juvenile Court when hospital- 
ization is reasonably required to cure or relieve 
the effects of such injury. 

( 14) Any authorized volunteer including stu- 
dent interns assigned by the Chief Probation 
Officer of the Juvenile Court and rendering vol- 
unteer service at the Youth Guidance Center or 
Log Cabin Ranch School who is adjudged by the 
Retirement Board to have suffered injury while 
actually performing volunteer service, when hos- 
pitalization is reasonably required to cure or 
relieve the effect of such injury. 

(15) Any juvenile committed to Log Cabin 
Ranch School or in custody of Youth Guidance 
Center who requires medical or surgical treat- 
ment which cannot be furnished in such facility 
when the Juvenile Court shall have ordered 
removal of such juvenile person. 



(16) A person sent by an Agency of the 
United States Government under conditions as 
may be contracted for between the Director of 
Public Health and the United States Govern- 
ment. 

(17) A person recommended for admission 
to special investigative units operated solely 
with funds of State and/or Federal Government, 
pursuant to agreement therewith, and such per- 
sons shall not be subjected to a financial inves- 
tigation and shall not be required to have resi- 
dential qualifications. 

(18) A person in need of services not readily 
available elsewhere in the City and County of 
San Francisco. 

(19) Any patient who becomes mentally ill 
while in the San Francisco General Hospital may 
be transferred to the Psychiatric In-patient Ser- 
vice, with the approval of the Chief of that 
Service or his duly authorized representative. 

(20) Any person suspected of being men- 
tally ill who is in the City Prison or County Jail. 
Such person may be examined in those places or 
in any appropriate facility of the Department 
upon an order of any judge of the Superior and 
Municipal Courts for observation, examination 
or treatment and for return to the Prison or Jail 
as medically indicated. 

(21) Any resident of the City and County of 
San Francisco suffering from mental illness may 
be admitted as a voluntary patient to the Psy- 
chiatric Service. Financial investigation shall be 
made under the rules and regulations of the 
Department of Public Health. Such a patient 
must be, at the time of making application for 
admission, in such a state of mind as to render 
him competent to make such application. Any 
person so received and detained shall be deemed 
a voluntary patient. Such patient shall not be 
detained in said Psychiatric Service for more 
than seven days after having given notice in 
writing of his desire to leave to the person in 
charge, and in no case shall a patient remain for 
a period longer than 90 days. 

(22) Any mentally disturbed person brought 
into the Psychiatric Service by the police, City 
ambulance, relatives or friends, transferred from 



Sec. 115. 



San Francisco - Health Code 



108 



any of the institutions of the City and County 
may be accepted for temporary hospitalization 
on the certification by the Chief of Psychiatric 
Service, or his duly authorized representative, 
that emergency detention is necessary. The per- 
son may be cared for and treated for a period not 
to exceed 72 hours, excluding Sundays and non- 
judicial days at which time such person shall be 
discharged unless a petition of mental illness is 
presented to a judge of the Superior Court and 
the Court issues an order for detention of such 
person, or unless he requests treatment pursu- 
ant to Subsection (21) above. 

Provided, nothing in Subsections (1) to (22) 
inclusive hereof shall be construed as restrain- 
ing the Director of Public Health from obeying or 
carrying out or giving effect to any law that may 
exist or be hereafter passed, relating to the 
hospitalization of patients in County institu- 
tions. (Added by Ord. 75-66, App. 4/11/66) 

SEC. 115.1. PRIORITY OF ADMISSION 
TO INSTITUTIONS OF THE 
DEPARTMENT OF PUBLIC HEALTH. 

Notwithstanding any other provision of this 
Code, any sick, disabled, or injured person may 
be admitted to the institutions of the Director of 
Public Health of the City and County of San 
Francisco as an in-patient or out-patient. The 
Director of Public Health shall give preference in 
the admission of patients in the following order 
of priority. 

1. Sick or injured persons in need of emer- 
gency care. 

2. Sick, medically indigent residents of the 
City and County of San Francisco. 

3. Sick persons certified by the San Fran- 
cisco Department of Social Services as eligible 
for benefits under Chapter 7 (commencing with 
Section 14000) and Chapter 8 (commencing with 
Section 14500) of Part 3 of Division 9 of the 
Welfare and Institutions Code. 

4. Sick residents of the City and County of 
San Francisco. 

5. The determination of residence under 
this Article shall be made in accordance with the 
provisions of Sections 17100 through 17105 of 
the Welfare and Institutions Code. (Added by 
Ord. 75-66, App. 4/11/66) 



SEC. 116. UNIT COST. 

The Director of Public Health each year shall 
compute the unit cost of maintaining, treating, 
and caring for each type of patient at the insti- 
tutions and their out-patient services, the defi- 
nition or classification of types of patients to be 
determined by the Director of Public Health. The 
method of said computation of unit cost with 
respect to each type of patient cared for in each 
institution shall be as approved by the Control- 
ler of the City and County of San Francisco. The 
unit cost so determined shall be approved by the 
Chief Administrative Officer and the Board of 
Supervisors. 

Sec. 117. 

(Added by Ord. 75-66, App. 4/11/66; repealed by 

Ord. 106-03, File No. 030624, App. 5/23/2003) 

SEC. 118. CONTROLLER TO 
PRESCRIBE FORMS, ETC. 

Pursuant to Section 64 of the Charter, the 
Controller shall prescribe the forms, methods, 
and procedure to be followed in billing said 
persons or their relatives under Sections 115 to 
122 inclusive of this Article. (Added by Ord. 
75-66, App. 4/11/66) 

SEC. 119. INVESTIGATION OF 
PATIENTS. 

All persons admitted or committed to the 
Hassler Hospital, Laguna Honda Hospital, or 
San Francisco General Hospital of the City and 
County of San Francisco, or who receive prehos- 
pital emergency medical services from the San 
Francisco Fire Department, except under provi- 
sions of Subsections (10) to (14) inclusive and 
(17) of Section 115 hereof, or persons who are 
recipients of public assistance, shall be investi- 
gated by the Director of Public Health or the San 
Francisco Fire Department for those who receive 
prehospital emergency medical services, who shall 
determine the financial ability of such persons to 
pay, in whole or in part, either directly or through 
relatives legally obligated to pay in whole or in 
part for the institutional or prehospital emer- 
gency medical service rendered. 



109 



Hospitals 



Sec. 121. 



The spouse and every relative who may be 
legally obligated to support an applicant or re- 
cipient of indigent aid shall furnish, within 10 
days of request by the Director of Public Health 
and/or the San Francisco Fire Department on 
forms provided by the Department, information 
necessary to the determination of the liability of 
said spouse and relative, or either of them to 
support said applicant or recipient of aid. 

Provided, however, that whenever any per- 
son admitted to the Hassler Hospital or Laguna 
Honda Hospital receives a total monthly income 
in an amount less than the actual cost of his care 
and from which income no personal allowance is 
made as a condition or term thereof, the Director 
of Public Health shall permit such person to 
retain from his said total income each month a 
reasonable amount to be used for his personal 
and incidental needs. If the source of monthly 
income is aid to needy disabled or old age aid or 
blind aid, as provided in the Welfare and Insti- 
tutions Code, the amount to be retained for 
personal and incidental needs shall be the same 
as allowed by the regulations of the State of 
California Social Welfare Department for such 
personal and incidental needs. 

Any person admitted to any institution who 
shall own a life insurance policy or policies 
having an actual cash surrender value of $500 or 
more may be required by said Director of Public 
Health to assign by proper written instruments 
said policy or policies to the City and County of 
San Francisco. 

No provisions of this code shall constitute a 
waiver of the right of the City and County of San 
Francisco to recover the full cost of care from any 
person or persons able to pay therefor or from 
the estates of such person, where such ability is 
subsequently shown. (Added by Ord. 75-66, App. 
4/11/66; amended by Ord. 106-03, File No. 030624, 
App. 5/23/2003) 

SEC. 120. BILLING. 

The Director of Public Health shall bill ev- 
ery person legally obligated to pay for institu- 
tional service rendered, and the San Francisco 
Fire Department shall bill every person legally 



obligated to pay for prehospital emergency medi- 
cal services provided by Fire Department person- 
nel, on the basis of the rates to be established as 
provided in Section 128 and 128.1 hereof, and to 
the extent of his ability to pay, in whole or in 
part, either directly or through relatives legally 
obligated to pay in whole or in part, as deter- 
mined under Sections 116 to 122, inclusive, hereof. 

Billing to patients at the Institutions may 
consist of a direct charge against the patient's 
Home Trust Fund Account or Patient's Account 
in the amount established by his ability to pay as 
provided in Section 119. 

Such billing shall include costs and fees 
application under the provisions of Section 5201 
of the Welfare and Institutions Code of the State 
of California relative to proceedings and medical 
examiners' fees for the mentally ill. (Added by 
Ord. 75-66, App. 4/11/66; amended by Ord. 106- 
03, File No. 030624, App. 5/23/2003) 

SEC. 120.1. FEES FOR EMERGENCY 
MEDICAL SERVICES WAIVED. 

(a) The San Francisco Fire Department shall 
waive its fee for Emergency Medical Services if 
the patient and/or any other person legally obli- 
gated to pay provides the Department with reli- 
able information that: 

1. The patient and/or any other persons 
who are legally obligated to pay have insufficient 
annual income to pay the bill without undue 
hardship. The Fire Department shall define "in- 
sufficient income" but may not define it at a rate 
less than 300% of the Federal Poverty Level as 
set forth in the Federal Register; and 

2. The patient is not covered by an insur- 
ance that would pay for the services and cannot 
obtain MediCal or MediCare. 

(b) The Fire Department has the sole au- 
thority to determine whether the information 
provided supports a waiver of the fee. (Added by 
Ord. 185-05, File No. 050993, App. 7/29/2005) 

SEC. 121. BILLING TO COUNTY OF 
RESIDENCE. 

The care of all persons admitted to the sev- 
eral institutions enumerated herein under the 



Sec. 121. 



San Francisco - Health Code 



110 



provisions of Section 115(9) hereof, shall be billed 
under provisions of the Health and Safety Code 
of the State of California, Section 1475, unless a 
reciprocal agreement between the County of Resi- 
dence and City and County of San Francisco is in 
existence pursuant to Section 1475 of the State 
Health and Safety Code. (Added by Ord. 75-66, 
App. 4/11/66) 

SEC. 122. BILLING TO RETIREMENT 
SYSTEM. 

The care of all persons admitted to the sev- 
eral institutions enumerated herein under the 
provisions of Subsections (10) to (14), inclusive of 
Section 115, hereof, shall be billed to the City 
and County of San Francisco Employees' Retire- 
ment System. (Added by Ord. 75-66, App. 4/11/ 
66) 

SEC. 123. PENALTY. 

Every person who knowingly, fraudulently 
and designedly conceals or withholds any infor- 
mation concerning his financial condition or means 
or ability to pay or concerning other conditions, 
or who knowingly makes or causes to be made, 
either directly or indirectly or through any agency 
whatsoever, any false statement in writing, with 
intent that it shall be relied upon, respecting the 
financial condition or means or ability to pay of 
himself or any other person in whom he is 
interested, or for whom he is acting, for the 
purpose of gaining admission to and receiving 
care and treatment in the institutions, shall be 
guilty of a misdemeanor, punishable by a fine of 
not more than $500, or by imprisonment in the 
County Jail for not more than six months, or by 
both such fine and imprisonment. 

Said person, in addition the penalties here- 
inabove set forth, shall be billed by the institu- 
tion rendering said services for the full amount 
of the cost of such institutional care and treat- 
ment, thus fraudulently obtained, in accordance 
with the basic rates, legally established and 
determined therefor. (Added by Ord. 75-66, App. 
4/11/66) 

SEC. 124. REIMBURSEMENT FOR AID 
GRANTED. 

Every person; except persons enumerated in 
Subsections (10) to (14) inclusive, and Section 



(17) of Section 115 hereof, and persons found to 
be exempt from liability for benefits under the 
provisions of Chapter 7 or Chapter 8, Part 3, 
Division 9 of the Welfare and Institutions Code 
of the State of California, who is given or shall 
receive aid directly or indirectly from public 
monies drawn through the Treasury of the City 
and County of San Francisco, shall be liable to 
the extent of his ability to pay as determined by 
Section 119 hereof, for the value of said aid so 
allowed, granted, or given, and if any of said aid 
granted to said person is for injury sustained by 
reason of an accident or wrongful act, the value 
of aid shall, if said person or other persons 
entitled to bring such action asserts or maintains 
a claim against another for damages on account 
of his or her injury or because of his or her death, 
constitute a lien upon the damages recovered, or 
to be recovered, either by judgment, settlement 
or compromise by said person, or by his or her 
heirs or personal representative in case of his or 
her death, or other persons lawfully entitled to a 
cause of action because of his or her death. 
(Amended by Ord. 304-80, App. 6/27/80; Ord. 
355-90, App. 10/17/90) 

SEC. 124.1. VALUE OF AID RENDERED. 

The actual cost of the aid shall constitute its 
value. The rates established by the Board of 
Super-visors pursuant to Section 128 and 128.1 
hereof for aid granted or given to persons at the 
institutions or by the San Francisco Fire Depart- 
ment shall constitute prima facie evidence of the 
reasonableness of said charge and the resulting 
amount which shall be due to the City and 
County of San Francisco. (Added by Ord. 75-66, 
App. 4/11/66; amended by Ord. 106-03, File No. 
030624, App. 5/23/2003) 

SEC. 124.2. AGREEMENT TO 
REIMBURSE. 

As a consideration for the allowing, granting 
or giving of aid, the officer, board, or commission 
shall take from every person receiving aid except 
for persons enumerated in Subsections (10) to 
(14), inclusive, and (17) of Section 115, hereof the 
following agreement: 



Ill 



Hospitals 



Sec. 124.5. 



"AGREEMENT TO REIMBURSE 

"In consideration of the granting of aid to me 
by the City and County of San Francisco, I 
hereby pledge, promise and agree to reimburse 
and repay said City and County all sums of 
money actually expended in my behalf or aid 
granted or given by the City and County of San 
Francisco for my care and maintenance, pro- 
vided I am able to pay for the same in whole or in 
part, and I further agree that if any of said aid 
consists of care and treatment for injury sus- 
tained by me by reason of accident or wrongful 
act, the value of such aid shall be, if I assert or 
maintain a claim against another for damages on 
account of said injury, a lien upon any damages 
recovered, or to be recovered, either by judg- 
ment, settlement or compromise by myself, or by 
my heirs or personal representative in case of my 
death. 

"I further agree that if and when I enter 
Laguna Honda Hospital or Hassler Hospital as a 
patient therein, I shall deposit in the Home 
Trust Fund an amount not less than the sum 
fixed for payment by toward cost of such institu- 
tional care as determined by my ability so to pay, 
and which sum I hereby expressly agree to pay; 
and I further agree that a direct charge against 
my Home Trust Fund account in that amount 
may be made by the said hospital at the comple- 
tion of each month or portion of a month during 
the time I remain therein to discharge this 
obligation to pay, as aforesaid. 

"For valuable consideration, I hereby assign 
to the San Francisco General Hospital the amount 
equal to the total cost of care rendered to me (or 
the total amount due to me if the amount thus 
due be less than the total amount of the cost of 
care rendered to me) from any monies due or to 
become due to me under my insurance policies, 
including any hospital benefits payable from the 
California State Disability Program or any pri- 
vate carrier in lieu thereof, and hereby authorize 
you to make such payment directly to said San 
Francisco General Hospital. 

"This agreement is binding upon myself, my 
heirs, executors, administrators and assigns. 



"The foregoing agreement is executed on the 
express condition, and with the understanding 
that it shall be binding on the applicant only in 
the event that he (or she) is found to be exempt 
from liability for such benefits under the provi- 
sions of Chapter 7 or Chapter 8, Part 3, Division 
9, Welfare and Institutions Code of the State of 
California and that it shall be null and void if the 
applicant is found to be exempt from liability for 
such benefits. 



Dated this 




day of 197 


Witness 






Witness 


Signature 


of Applicant 

ii 


in full 



SEC. 124.3. EVALUATION OF 
INSTITUTIONAL CARE— LAGUNA 
HONDA HOSPITAL. 

The Controller of the City and County of San 
Francisco shall prescribe the procedure govern- 
ing the evaluation of institutional care at the 
Laguna Honda Hospital, the auditing, account- 
ing, reporting and collecting of all obligations 
arising under Sections 124 to 124.4, inclusive, 
hereof in accordance with the provisions of Sec- 
tion 64 and 75 of the Charter. (Added by Ord. 
75-66, App. 4/11/66) 

SEC. 124.4. LIENS. 

Any lien created by the provisions of Section 
124 of this Article upon damages recovered, or to 
be recovered by a recipient of aid, shall be 
referred to the Bureau of Delinquent Revenue 
for collection pursuant to the provisions of Chap- 
ter 10, Article V, of the San Francisco Code. 
(Amended by Ord. 155- 68; App. 6/13/68; Ord. 
386-89, App. 10/25/89) 

SEC. 124.5. LIENS ON ACTIONS 
AGAINST THIRD PARTY. 

(a) As used in this section: 

(1) "Recipient" means any person who has 
received medical care or hospitalization or will 
be provided medical care or hospitalization ren- 
dered by the San Francisco Department of Public 
Health or the San Francisco Fire Department 



Sec. 124.5. 



San Francisco - Health Code 



112 



because of an injury for which another person 
may be liable. This term includes the recipient's 
guardian, conservator, other personal represen- 
tative, estate, or survivors, including any heir, as 
defined in California Code of Civil Procedure 
Section 377, who is a party in a cause of action 
arising out of the death of the person who re- 
ceived the medical care or hospitalization. 

(2) "Action" means any cause of action de- 
manding payment of damages filed in any court, 
or with any public agency, including but not 
limited to any application for compensation un- 
der the Workers Compensation Act of the Cali- 
fornia Labor Code, or with a private adjudicator, 
including but not limited to a private arbitrator 
or mediator, arising out of the injuries that 
resulted in the medical care or hospitalization of 
the recipient. This term also includes any cause 
of action arising out of the death of the recipient 
from such injuries. 

(3) "Claim" means any demand by the re- 
cipient for damages against another, including 
but not limited to any written demand by the 
recipient for payment under the provisions of 
any insurance contract providing for payment to 
injured persons, including payment from the 
recipient's insurance carrier or the third party's 
insurance carrier or both carriers. 

(b) When any recipient, as defined in Sub- 
section (a)(1) of this section, asserts an action or 
claim for damages against a third party or insur- 
ance carrier based upon an injury requiring 
medical care, the cost of the medical care shall 
constitute a lien in favor of the City and County 
of San Francisco upon any such recovery re- 
ceived by the recipient. 

(c) When any recipient who has been billed 
for the cost of medical care rendered by the San 
Francisco Department of Public Health or the 
San Francisco Fire Department fails to pay in 
full for such care and asserts an action or claim 
for damages against a third party or insurance 
carrier, the recipient's attorney retained to as- 
sert the action or claim shall provide written 
notice of such action or claim by personal deliv- 
ery or first-class mail to the Bureau of Delin- 
quent Revenue Collection in the Office of the 



Treasurer-Tax Collector within 10 days of assert- 
ing such action or claim. Such notice by the 
retained attorney to the Bureau of Delinquent 
Revenue Collection shall adequately identify the 
recipient, and his or her action or claim, includ- 
ing the name of the insurance carrier against 
which claim has been made, or the court or state 
or local agency in which the action or claim is 
asserted, in order to allow the Bureau of Delin- 
quent Revenue Collection to prepare and file the 
lien as authorized by Subsection B of this sec- 
tion. In addition, if the recipient as defined in 
Subsection (a)(1) of this section does not retain 
an attorney to assert the action or claim, he or 
she shall give the same notice as described in 
this subsection. A mailed billing statement sent 
by the San Francisco Department of Public Health, 
the San Francisco Fire Department or the Bu- 
reau of Delinquent Revenue Collection to the 
address of the recipient as given on the medical 
records shall constitute prima facie evidence of 
knowledge by the recipient of such billing for 
medical care. 

(d) When the Bureau of Delinquent Rev- 
enue Collection has perfected a lien upon a 
judgment, award, or settlement in favor of a 
recipient against any third party or third-party 
insurance carrier for an injury for which the 
recipient has received medical care from the San 
Francisco Department of Public Health or the 
San Francisco Fire Department, the Bureau of 
Delinquent Revenue Collection as lien claimant 
shall be entitled to foreclose its lien against any 
proceeds from such judgment, award, or settle- 
ment to enforce payment of the lien against the 
third party or third-party insurance carrier, with 
interest at the legal rate. If the amount of such 
judgment, award, or settlement so recovered has 
been paid to the recipient, as defined in Subsec- 
tion (a)(1) of this section, or to his or her attorney 
retained to assert the action or claim, the Bureau 
of Delinquent Revenue Collection shall be en- 
titled to foreclose its lien against the proceeds 
received by such recipient, recipient's agent, 
recipient's transferee, or against the retained 
attorney if he or she has received such payment, 
to the extent of the San Francisco Department of 
Public Health's or the San Francisco Fire 



113 



Hospitals 



Sec. 126. 



Department's or the Bureau of Delinquent Rev- 
enue Collection's lien, with interest at the legal 
rate. 

(e) The failure by the attorney retained by 
the recipient, as defined in Subsection (a)(1) of 
this section, to give notice to the Bureau of 
Delinquent Revenue Collection in the Office of 
the Treasurer-Tax Collector regarding the 
recipient's action or claim for damages against a 
third party or insurance carrier after the recipi- 
ent has received a billing for medical care from 
the San Francisco Department of Public Health, 
the San Francisco Fire Department or the Bu- 
reau of Delinquent Revenue Collection shall con- 
stitute fraud and deceit by the retained attorney. 
Likewise, the failure by any recipient, as defined 
in Subsection (a)(1) of this section, to give such 
notice as described in this subsection after re- 
ceiving a billing for medical care from the San 
Francisco Department of Public Health or by the 
recipient. In addition, either the recipient or the 
recipient's attorney retained to assert such ac- 
tion or claim who receives any payment from the 
third party or insurance carrier resulting from 
the assertion of such action or claim and who 
fails to apply such payment toward the satisfac- 
tion of the outstanding bill for medical care shall 
be liable as a constructive trustee for all dam- 
ages that may be awarded by any court to the 
City and County of San Francisco for breach of 
constructive trustee duties and responsibilities. 

(f) Commencing 30 days after the enact- 
ment of this ordinance, the affected medical 
facilities of the San Francisco Department of 
Public Health and the San Francisco Fire De- 
partment shall make every reasonable effort 
where feasible to include a statement in English, 
Spanish, and Chinese with every billing setting 
out the notice requirement, as described in Sub- 
section (c) of this section, imposed on the recipient's 
retained attorney, or if there is no retained 
attorney, imposed on the recipient, regarding 
any action or claim for recovery asserted against 
a third party or insurance carrier. The statement 
shall read: 

"IMPORTANT: If your attorney or you alone 
demand money from another person or insur- 



ance company because of your injuries and you 
have not paid this bill in full, your attorney or 
you must notify: The Bureau of Delinquent Rev- 
enue Collection, City Hall, Room 107, San Fran- 
cisco, California 94102. Failure to notify the 
Bureau within 10 days of making your demand 
may result in civil liability for your attorney or 
you. S.F Health Code Section 124.5." (Added by 
Ord. 355-90, App. 10/17/90; amended by Ord. 
106-03, File No. 030624, App. 5/23/2003) 

SEC. 125. CHIEF ADMINISTRATIVE 
OFFICER AUTHORIZED TO CONTRACT 
WITH OTHER HOSPITALS. 

When adequate facilities are not available in 
any of the institutions enumerated in Section 
111 of this Article, the Chief Administrative 
Officer may contract with other hospitals for the 
admission and care of persons enumerated in 
Section 115 of this Article, for in-patient or 
out-patient care. The Chief Administrative Of- 
ficer shall not enter into any such agreement 
until after the Board of Supervisors has made an 
appropriation to provide funds for the payment 
to such hospitals, and the rates agreed to be paid 
such hospitals in any such agreement for in- 
patient care shall not exceed the cost of main- 
taining and caring for like classes of person at 
the San Francisco General Hospital. In any such 
agreement for out-patient care other than psy- 
chiatric care the rates agreed to be paid each 
hospital shall not exceed said hospital's actual 
costs or $12, whichever is the lesser as deter- 
mined and approved by the Controller of the City 
and County of San Francisco. In any such agree- 
ment for out-patient psychiatric care the rates 
agreed to be paid each hospital shall not exceed 
said hospital's actual costs or $16, whichever is 
the lesser as determined and approved by the 
Controller of the City and County of San Fran- 
cisco. (Amended by Ord. 149-66, App. 6/22/66) 

SEC. 126. PROFESSIONAL FEE OF 
PHYSICIANS AND DENTISTS. 

Any licensed physician or dentist who is a 
member of the medical or dental staff of any of 
the institutions maintained by the Department 
of Public Health, except an intern or resident, 



Supp. No. 10, July/August 2007 



Sec. 126. 



San Francisco - Health Code 



114 



may charge and collect professional fees for di- 
rect medical or dental care furnished by him to 
any patient in an institution of the Department 
of Public Health, provided said patient is able to 
pay or carries sickness or accident insurance or 
medical expense indemnity insurance or is eli- 
gible for health care and related remedial or 
preventive service care under Public Law 89-97 
of the United States (the 1965 Amendment to the 
Social Security Act) or Chapters 7 and 8 of Part 
3 of Division 9 of the Welfare and Institutions 
Code, except as provided in Section 150 of the 
Charter. (Added by Ord. 247-66, App. 9/19/66) 

SEC. 127. DISPOSAL OF UNCLAIMED 
PERSONAL PROPERTY AT LAGUNA 
HONDA HOSPITAL. 

(a) Definition Unclaimed Property. Per- 
sonal property left at Laguna Honda Hospital for 
a period of more than 90 days after the patient 
has left the Hospital shall be considered un- 
claimed personal property. 

(b) Disposition of Unclaimed Personal 
Property. Such unclaimed personal property 
shall be disposed of according to the following 
procedure: 

(1) Notice shall be sent by certified mail to 
the former patient at his last known address 
advising that such unclaimed personal property 
must be claimed within 30 days. 



(2) Such unclaimed personal property as 
remains after 30 days' notice to reclaim it shall 
be disposed of as follows: 

A. Any sums of money which remain over 
and above Laguna Honda's charges shall be 
transmitted to the Controller of the City and 
County of San Francisco for deposit in the Gen- 
eral Fund. 

B. Other unclaimed personal property shall 
be delivered to the Purchaser of Supplies for 
disposition as provided for in Section 7.100 of the 
Charter of the City and County of San Francisco. 

C. Proceeds derived from the sale of un- 
claimed property are to be deposited with the 
City Treasurer and used exclusively for such 
items that may be of general benefit for the 
patients of Laguna Honda Hospital and which 
are not provided for them by any other appro- 
priation. (Added by Ord. 277-73, App. 7/13/73) 

SEC. 128. PATIENT RATES. 

(a) The Board of Supervisors of the City and 
County of San Francisco does hereby determine 
and fix the proper reasonable amounts to be 
charged to persons for services furnished by the 
Department of Public Health as follows, which 
rates shall be effective for services delivered as of 
July 1, 2007. 



TYPE OF SERVICE 



UNIT 



AMOUNT 



COMMUNITY HEALTH NETWORK 



San Francisco General Hospital 



In General 

Surgical Supplies 

Pharmacy (IP) 

Medical Supplies 

Diagnostic Radiology 

Clinical Lab 

Anatomic Pathology 

Surgical Services — Women's Options 

All Other Special Services 



Procedure 



Price 



Special 

Special 

Special 

Special Price 

Special 

Special 

Special 

Special 



Price 
Price 



Price 
Price 
Price 
Price 



List 
List 
List 
List 
List 
List 
List 
List 



In-Patient Care 

Medical Surgical 
Intensive Care 
Intensive Care - Trauma 
Coronary Care 
Chest-Pulmonary 



Day 
Day 
Day 
Day 
Day 



$ 3,625.00 
7,248.00 
7,248.00 
7,248.00 
6,040.00 



Supp. No. 10, July/August 2007 



115 



Hospitals 



Sec. 128. 



TYPE OF SERVICE 


UNIT 


AMOUNT 


COMMUNITY HEALTH NETWORK 


San Francisco General Hospital 


Stepdown Units 


Day 


5,235.00 


Pediatrics 


Day 


3,625.00 


Obstetrics 


Day 


3,625.00 


Nursery 






Newborn 


Day 


1,852.00 


Observation/Well Baby 


Day 


3,221.00 


Semi-Intensive Care 


Day 


4,831.00 


Intensive Care 


Day 


7,248.00 


Labor/Delivery — 6G 


Day 


2,870.00 


Labor/Delivery Hours of Stay 


Hour 


161.00 


Psychiatric Inpatient 


Day 


3,625.00 


Psychiatric Forensic Inpatient — 7L 


Day 


3,625.00 


AIDS Unit— 5A 


Day 


3,625.00 


Security Unit— 7D 


Day 


3,625.00 


Skilled Nursing Facility 


Day 


1,450.00 


Mental Rehab Unit 


Day 


1,198.00 


Adult Residential Facility 


Day 


242.00 


Respiratory Therapy 






O 2 Therapy 


Hour 


15.00 


Surgical Services 






Minor Surgery I (Come & Go) 


1st Hour 


1,898.00 




Ea. Add'l V 2 Hour 


967.00 


Minor Surgery II 


1st Hour 


2,072.00 




Ea. Add'l V 2 Hour 


1,033.00 


Major Surgery I 


1st Hour 


3,119.00 




Add'l V 2 Hour 


1,247.00 


Major Surgery II 


1st Hour 


3,513.00 




Add'l y 2 Hour 


1,406.00 


Major Surgery III 


1st Hour 


3,909.00 




Add'l y 2 Hour 


1,564.00 


Extraordinary Surgery 


1st Hour 


4,290.00 




Add'l y 2 Hour 


1,716.00 


Surgery (2 Teams) 


1st Hour 


6,061.00 




Add'l y 2 Hour 


2,424.00 


Surgery (3 Teams) 


1st Hour 


7,803.00 




Add'l y 2 Hour 


3,122.00 


Major Trauma III 


First Hour 


6,149 




Add'l y 2 Hour 


2,460.00 


Major Trauma II 


First Hour 


4,831.00 




Add'l y 2 Hour 


1,933.00 


Major Trauma I 


First Hour 


3,675.00 




Add'l y 2 Hour 


1,470.00 


Recovery Room 


1st Hour 


1,209.00 




2nd Add'l Hour 


967.00 




Each Add'l Hour 


725.00 


Anesthesia 


First Hour 


2,715.00 



Supp. No. 10, July/August 2007 



Sec. 128. 



San Francisco - Health Code 



116 



TYPE OF SERVICE 


UNIT 


AMOUNT 


COMMUNITY HEALTH NETWORK 


San Francisco General Hospital 


Anesthesia 
Trauma Care 

Trauma Activation — Level 2 

Trauma Activation — Level 1 

Consultation 

Trauma Activation Pediatric — Level 2 

Trauma Activation Pediatric — Level 1 

Pediatric — Consultation 


Each Add'l 15 Minutes 

Visit 
Visit 
Visit 
Visit 
Visit 
Visit 


677.00 

10,249.00 
5,125.00 
3,025.00 

10,249.00 
5,125.00 
3,025.00 


Emergency Clinic 

Level I 
Level II 
Level III 
Level IV 
Level V 
Resuscitation 


Room 
Room 
Room 
Room 
Room 


250.00 
790.00 
1,521.00 
2,277.00 
4,597.00 
3,185.00 


Psychiatric Emergency Services 

Crisis Intervention — PES 
Crisis Stabilization — PES 




660.00 
146.00 


General Clinic 

Initial 
E/M Focused Exam 
E/M Expanded Exam 
E/M Detailed Exam 
E/M Comprehensive Exam 
E/M Complex Exam 

Established Patient 
E/M Brief Exam 
E/M Focused Exam 
E/M Expanded Exam 
E/M Detailed Exam 
E/M Comprehensive Exam 

Consultation 
E/M Focused Consult 
Medical Marijuana 


Visit 
Visit 
Visit 
Visit 
Visit 

Visit 
Visit 
Visit 
Visit 
Visit 

Visit 


167.00 
279.00 
319.00 
426.00 
532.00 

123.00 
146.00 
194.00 
274.00 
426.00 

140.00 


Medical Marijuana ID 

Medical Marijuana ID (Medi-Cal) 
Primary Care 
Initial 

E/M Focused Exam 

E/M Expanded Exam 

E/M Detailed Exam 

E/M Comprehensive Exam 

E/M Complex Exam 
Established Patient 

E/M Brief Exam 

E/M Focused Exam 


Card 
Card 

Visit 
Visit 
Visit 
Visit 
Visit 

Visit 
Visit 


103.00 
52.00 

184.00 
228.00 
330.00 
410.00 
644.00 

88.00 
132.00 



Supp. No. 10, July/August 2007 



117 



Hospitals 



Sec. 128. 



TYPE OF SERVICE 


UNIT 


AMOUNT 


COMMUNITY HEALTH NETWORK 


San Francisco General Hospital 


E/M Expanded Exam 


Visit 


213.00 


E/M Detailed Exam 


Visit 


330.00 


E/M Comprehensive Exam 


Visit 


388.00 


Dental Services 






Initial Complete Exam 


Visit 


81.00 


Periodic Exam 


Visit 


81.00 


Prophylaxis — Adult 


Visit 


110.00 


Prophylaxis — Child 


Visit 


103.00 


Extract Single Tooth 


Visit 


161.00 


One Surface, Permanent Tooth 


Visit 


132.00 


Home Health Services 






Skilled Nursing 


Visit 


250.00 


Home Health Aide Services 


Visit 


132.00 


Medical Social Services 


Visit 


345.00 


Physical Therapy 


Visit 


287.00 


Occupational Therapy 


Visit 


287.00 


Speech Therapy 


Visit 


285.00 


Laguna Honda Hospital 


Regular Hospital Rates 






Acute 


Day 


2,555.00 


Rehabilitation 


Day 


2,555.00 


Skilled Nursing Facility 


Day 


546.00 


All Inclusive Rates 






Acute 


Per Diem 


3,354.00 


Rehabilitation 


Per Diem 


2,795.00 


Skilled Nursing Facility 


Day 


636.00 



Supp. No. 10, July/August 2007 



Sec. 128. 



San Francisco - Health Code 



118 



TYPE OF SERVICE 


UNIT 


AMOUNT 


POPULATION HEALTH & PREVENTION 


Community Mental Health Services 


24-Hour Service 






Inpatient 


24 Hours 


$3,625.00 


Skilled Nursing 


24 Hours 


1,198.00 


Psychiatric Health Facility (PHF) 


24 Hours 


605.00 


Crisis Residential 


24 Hours 


355.00 


Residential 


24 Hours 


175.00 


Day Services 






Day Rehabilitation 


Full Day 


155.00 


Day Rehabilitation 


Half Day 


100.00 


Day Treatment Intensive 


Full Day 


240.00 


Day Treatment Intensive 


Half Day 


170.00 


Day Treatment Intensive (Children) 


Full Day 


350.00 


Day Treatment Intensive (children) 


Half Day 


250.00 


Crisis Stabilization 


Hour 


146.00 


Socialization 


Hour 


50.00 


Outpatient Services 






Case Management Brokerage 


Hour 


145.00 


Mental Health Services 


Hour 


190.00 


Therapeutic Behavioral Services 


Hour 


190.00 


Medication Support 


Hour 


340.00 


Crisis Intervention 


Hour 


285.00 


Other Services 




Special Price List 


Community Substance Abuse Services 




Residential — Detoxification 


24 Hours 


130.00 


Residential — Basic 


24 Hours 


125.00 


Residential — Family 


24 Hours 


200.00 


Residential — Medical Support 


24 Hours 


295.00 


Recovery Home 


24 Hours 


105.00 


Therapeutic Community 


24 Hours 


120.00 


Day Care — Rehabilitative 


Per Visit 


145.00 


Outpatient — Individual Counseling 


Per Visit 


145.00 


Outpatient — Group Counseling 


Per Visit 


75.00 


Prevention/Intervention 


Hour 


70.00 


Methadone 


Per Day 


37.00 


Buprenorphine 


Per Day 


65.00 


Naltrexone 


Per Visit 


60.00 


Levoalphacethimethadol (LAAM) 


Per Dose 


60.00 


Narcotic Treatment Program — Individual Counseling 


Per 10 minutes 


37.00 


Narcotic Treatment Program — Group Counseling 


Per 10 minutes 


11.00 



Supp. No. 10, July/August 2007 



119 



Hospitals 



Sec. 128.1. 



TYPE OF SERVICE 


UNIT 


AMOUNT 


POPULATION HEALTH & PREVENTION 


Vital Records 


Birth Certificate 


Per Certificate 


Rates Per State of 
California 


Death Certificate 


Per Certificate 


Rates Per State of 
California 


Permit — Disposition of Human Remains 


Per Permit 


Rates Per State of 
California 


Out-of-County Cross File Fee 


Per Certificate 


Rates Per State of 
California 


Letter of Non-Contagious Disease 


Per Letter 


10.00 


Expedited Registration of Vital Event 


Per Event 


40.00 


Expedited Documents 


Per Delivery 


Market Rate + 
15.00 


Reproduction of Documents 


Per Page 


2.00 


ADULT IMMUNIZA1 


[ION CLINIC 


Vaccines 






Hepatitis A 


Per injection 


58.00 


Hepatitis B 


Per injection 


65.00 


Influenza 


Per injection 


27.00 


FluMist 


Per Dose 


35.00 


Other Vaccines 


Per injection 


Special Price List 



(b) Beginning with fiscal year 2007-2008, 
no later than April 15 of each year, the Controller 
shall adjust the fees provided in this Article to 
reflect changes in the relevant Consumer Price 
Index, without further action by the Board of 
Supervisors. In adjusting the fees, the Controller 
may round up or down these fees to the nearest 
dollar, half-dollar or quarter-dollar. The Director 
shall perform an annual review of the fees sched- 
uled to be assessed for the following fiscal year 
and shall file a report with the Controller no 
later than May 1st of each year, proposing, if 
necessary, an adjustment to the fees to ensure 
that they do not produce significantly more rev- 
enue than required to cover the costs of operat- 
ing the program. The Controller shall adjust fees 
when necessary to ensure that fees do not re- 



cover significantly more than estimated cost. 
(Added by Ord. 313-96, App. 8/8/96; amended by 
Ord. 332-97, App. 8/19/97; Ord. 278-98, App. 
8/28/98; Ord. 236-99, File No. 991389, App. 8/27/ 
99; Ord. 20-00, File No. 000043, App. 2/11/2000; 
Ord. 218-00, File No. 001337, App. 9/8/2000; Ord. 
13-01, File No. 002148, App. 1/26/2001; Ord. 
173-01, File No. 011220, App. 8/10/2001; Ord. 
151-02, File No. 021073, App. 7/12/2002; Ord. 
34-03, File No. 030167, App. 3/13/2003; amended 
by Ord. 189-03. File No. 030986, App. 7/25/2003 
Ord. 185-04, File No. 040748, App. 7/22/2004 
Ord. 178-05, File No. 050985, App. 7/29/2005 
Ord. 197-06, File No. 060782, App. 7/21/2006 
Ord. 195-07, File No. 070810, App. 8/3/2007) 

SEC. 128.1. PATIENT RATES/FIRE 
DEPARTMENT EMS SERVICES. 

(a) The Board of Supervisors approves the 
following fee schedule for Fire Department am- 
bulance services and emergency medical service 
supplies for fiscal year 2003-2004. 
1. Emergency Medical Services 
Treatment without Transportation, a base 
rate fee of $195.00 per call 



Supp. No. 10, July/August 2007 



Sec. 128.1. 



San Francisco - Health Code 



120 



Basic Life Service, a base rate fee of $700.00 
per call 

Advanced Life Service, a base rate fee of 
$850.00 per call 

Mileage, an additional fee above the base 
rate of $15.00 per mile 

2. Emergency Medical Supplies 

Supplemental charges for supplies will 
be assessed at a flat fee of $20.00 per 
incident. 

(b) Beginning with Fiscal Year 2005-2006, 
the fees set in this section may be amended 
without further action by the Board of Supervi- 
sors, to reflect changes in the Medical Consumer 
Price Index as determined by the Controller. No 
later than April 15th of each year, the Fire 
Department shall submit its current fee sched- 
ule to the Controller, who shall apply the price 
index adjustment to produce a new fee schedule 
for the following year. 

(c) No later than May 15th of each year, the 
Controller shall file a report with the Board of 
Supervisors reporting the new fee schedule and 
certifying that: (a) the fees produce sufficient 
revenue to support the costs of providing the 
services for which each fee is assessed, and (b) 
the fees do not produce revenue which is signifi- 
cantly more than the costs of providing the 
services for which each fee is assessed. (Added by 
Ord. 106-03, File No. 030624, App. 5/23/2003; 
amended by Ord. 185-05, File No. 050993, App. 
7/29/2005) 

SEC. 129. CHARITY CARE POLICY 
REPORTING AND NOTICE 
REQUIREMENT. 

Declaration of policy. It is the policy of the 
City and County of San Francisco that charity 
care — medical care provided to those who cannot 
afford to pay and without expectation of reim- 
bursement — is a vital portion of community health 
care services. While San Francisco General Hos- 
pital is the primary provider of charity care 
services in San Francisco, private hospitals also 
have a responsibility to serve uninsured and 
poor patients. Nonprofit hospitals in particular 
have an obligation to provide community ben- 



efits in the public interest in exchange for favor- 
able tax treatment by the government. It is 
essential that, on an ongoing basis, the City and 
County of San Francisco evaluate the need for 
charity care in the community given the City's 
responsibility to provide care to indigents. To 
plan for the continuing fulfillment of this respon- 
sibility, the City needs information from the 
hospitals in San Francisco on each hospital's 
policies on the availability of and criteria for 
charity care. For planning purposes, the City 
also needs information on the amount of charity 
care provided by each hospital. Upon receipt of 
such information, the City can better fulfill its 
mandate to provide care to indigents and fashion 
an appropriate response to unmet needs for 
charity care including the recommendation of 
budgetary, regulatory or other action at the State 
and Federal levels. 

To maximize the access to charity care within 
the community and to enhance the health of the 
public by informing individuals of the availabil- 
ity of charity care, it is further the policy of the 
City and County of San Francisco that each 
hospital notify patients of that hospital's policies 
on charity care. Such notice shall include visu- 
ally prominent multilingual postings explaining 
the hospital's policy on charity care. It shall also 
be the policy of the City and County of San 
Francisco to require hospitals, when practicable, 
to verbally notify patients at the time of admis- 
sion as to the availability of charity care and the 
process for applying or qualifying for such care. 
(Added by Ord. 163-01, File No. 010142, App. 
7/20/2001) 

SEC. 130. DEFINITIONS. 

For purposes of Sections 129 — 137 of Article 
3, certain words and phrases shall be construed 
as hereafter defined. Words in the singular in- 
clude the plural, and words in the plural shall 
include the singular. Words in the present tense 
shall include the future. Masculine pronouns 
include feminine meaning and are not gender- 
specific. 

(a) Bad Debt. The term "Bad Debt" means 
the unpaid accounts of any person who has 
received medical care or is financially respon- 



Supp. No. 10, July/August 2007 



121 



Hospitals 



Sec. 131. 



sible for the cost of care provided to another, 
where such person has the ability to pay but is 
unwilling to pay. 

(b) Charity Care. The term "Charity Care" 
means emergency, inpatient or outpatient medi- 
cal care, including ancillary services, provided to 
those who cannot afford to pay and without 
expectation of reimbursement and that qualifies 
for inclusion in the line item "Charity-Other" in 
the reports referred to in Section 128740(a) of 
the California Health and Safety Code, after 
reduction by the Ratio of Costs-to-Charges. 

(c) Cost. The term "Cost" means the actual 
amount of money a hospital spends to provide 
each service, but not the full list price charged by 
the hospital for that service. 

(d) Department. The term "Department" 
means the Department of Public Health of the 
City and County of San Francisco. 

(e) Director of Health. The term "Director 
of Health" includes the Director of Health or a 
designee. 

(f) Hospital. The term "Hospital" includes 
every entity in San Francisco licensed as a 
general acute care hospital, as defined by Section 
1250(a) of the California Health and Safety Code, 
other than hospitals exempt from taxation under 
Section 6.8-1 of the San Francisco Business and 
Tax Regulations Code. For purposes of Section 
131, the term "Hospital" shall also not include 
hospitals owned and operated by a nonprofit 
system that does not provide a significant level of 
service on a fee-for-service basis and whose an- 
nual financial statement is consolidated with a 
nonprofit health maintenance organization, filed 
with the California Department of Managed 
Health Care. 

(g) Policies. The term "policies" means the 
hospital's criteria and procedures on the provi- 
sion of charity care including any criteria and 
procedures for patient and community notifica- 
tion of charity care availability, the application 
or eligibility process, the criteria for determina- 
tions on eligibility for charity care and the ap- 
peal process on such determinations, and the 
hospital's internal accounting procedures for char- 
ity care. 



(h) Ratio of Cost-to-Charge. The term 
"Cost-to-Charge" shall have the same meaning 
as that given by the Office of Statewide Health 
Planning and Development in the reports re- 
ferred to in Section 128740(a) of the California 
Health and Safety Code and describes the rela- 
tionship between the hospital's cost of providing 
services and the charge assessed by the hospital 
for the service. (Added by Ord. 163-01, File No. 
010142, App. 7/20/2001) 

SEC. 131. REPORTING TO THE 
DEPARTMENT OF PUBLIC HEALTH. 

(a) Hospitals shall disclose to the Depart- 
ment of Public Health the following information 
in the form of reports to be filed annually with 
the Department within 120 days after the end of 
each hospital's fiscal year. 

1. The dollar amount of charity care pro- 
vided during the prior year as specified by the 
Department, after adjustment by the Cost-to-* 
Charge ratio. Each hospital shall file a calcula- 
tion of its Ratio of Costs-to-Charges with its 
report. Figures representing bad debt shall not 
be included in the amount reported. 

2. The total number of applications, patient 
and third party requests for charity care, and the 
total number of hospital acceptances and denials 
for charity care received and decided during the 
prior year; the zip code of each patient's resi- 
dence on each such acceptance and denial, and 
the number of individuals seeking, applying, or 
otherwise eligible for charity care who were 
referred to other medical facilities along with the 
identification of the facility to which the individu- 
als were referred. 

3. The total number of patients who re- 
ceived hospital services within the prior year 
reported as being charity care and whether those 
services were for emergency, inpatient or outpa- 
tient medical care, or for ancillary services. 

4. All charity care policies, including but 
not limited to explanations regarding the avail- 
ability of charity care and the time periods and 
procedures for eligibility, application, determina- 
tion, and appeal; any application or eligibility 



Supp. No. 10, July/August 2007 



Sec. 131. 



San Francisco - Health Code 



122 



forms used, and the hospital locations and hours 
at which the information may be obtained by the 
general public. 

5. Such other information as the Depart- 
ment shall require. (Added by Ord. 163-01, File 
No. 010142, App. 7/20/2001) 

SEC. 132. NOTIFICATION. 

(a) During the admission process whenever 
practicable, hospitals shall provide patients with 
verbal notification as to the hospital's policies 
describing the availability of charity care and 
any process necessary to apply for charity care. 

(b) Hospitals shall post multilingual notices 
as to any policies on charity care in several 
prominent locations within the hospital, includ- 
ing but not limited to the emergency depart- 
ment, billing office, waiting rooms for purposes 
of admissions, the outpatient area, and the inpa- 
tient area. Said notices shall be published in at 
least the following languages — English, Span- 
ish, and Chinese; and shall be clearly visible to 
the public from the location where they are 
posted. (Added by Ord. 163-01, File No. 010142, 
App. 7/20/2001) 

SEC. 133. AUTHORITY TO ADOPT 
RULES AND REGULATIONS. 

The Director may issue and amend rules, 
regulations, standards, or conditions to imple- 
ment this ordinance. The Director is authorized 
to implement the provisions of this ordinance, 
including any rules, regulations, standards, or 
conditions issued hereunder. (Added by Ord. 
163-01, File No. 010142, App. 7/20/2001) 

SEC. 134. ENFORCEMENT. 

Any hospital which fails to comply with the 
reporting or notification requirements specified 
in this ordinance or in the rules and regulations 
of the Department may be liable for a civil 
penalty, in an amount not to exceed $500 for each 
day the violation continues. The penalty shall be 
assessed and recovered in a civil action brought 
on behalf of the City and County of San Fran- 
cisco. Any monies recovered pursuant to this 
section shall be deposited in the Treasury of the 
City and County of San Francisco and appropri- 



ated for use by the Department of Public Health. 
(Added by Ord. 163-01, File No. 010142, App. 
7/20/2001) 

SEC. 135. CITY UNDERTAKING 
LIMITED TO PROMOTION OF GENERAL 
WELFARE. 

In undertaking the adoption and enforce- 
ment of this ordinance, the City and County is 
assuming an undertaking only to promote the 
general welfare. It is not assuming, nor is it 
imposing on its officers and employees, an obli- 
gation for breach of which it is liable in money 
damages to any person who claims that such 
breach proximately caused injury. (Added by 
Ord. 163-01, File No. 010142, App. 7/20/2001) 

SEC. 136. SEVERABILITY. 

If any part or provision of this ordinance, or 
the application thereof to any person or circum- 
stances, is held invalid, the remainder of the 
ordinance, including the application of such part 
or provision to the other persons, or circum- 
stances, shall not be affected thereby and shall 
continue in full force and effect. To this end, 
provisions of this ordinance are severable. (Added 
by Ord. 163-01, File No. 010142, App. 7/20/2001) 

SEC. 137. PREEMPTION. 

Nothing in these sections shall be interpreted 
or applied so as to create any power, duty or 
obligation in conflict with any Federal or State 
law. (Added by Ord. 163-01, File No. 010142, 
App. 7/20/2001) 

SEC. 138. ANNUAL REPORT TO THE 
HEALTH COMMISSION. 

The Department shall make a report on an 
annual basis to the Health Commission on the 
information obtained from the hospitals for use 
including but not limited to future planning on 
the Department's provision of care to the com- 
munity. (Added by Ord. 163-01, File No. 010142, 
App. 7/20/2001) 

SEC. 139. WRITTEN INFORMED 
CONSENT AND PRE-TEST COUNSELING 
PRIOR TO HIV TESTING. 

(a) The Board of Supervisors encourages 
the San Francisco Department of Pubic Health 
to modify the San Francisco General Hospital 



Supp. No. 10, July/August 2007 



123 Hospitals Sec. 139. 



Medical Center's policies and procedures to re- 
quire that providers obtain written informed 
consent from and provide pre-test counseling to 
patients consistent with State and Federal law, 
before administering an HIV antibody test to 
such patients. 

(b) Written informed patient consent may 
consist of documentation by the provider in the 
patient's medical record if such consent satisfies 
State and Federal law. (Added by Ord. 144-06, 
File No. 060702, App. 6/22/2006) 



[The next page is 1451 Supp. No. 10, July/August 2007 



[INTENTIONALLY LEFT BLANK] 



Supp. No. 10, July/August 2007 



ARTICLE 4: DECEASED PERSONS 



Sec. 185. Death From Criminal Causes. 

Sec. 186. Duty to Report Death to 

Coroner. 
Sec. 187. Preliminary Inquiry. 

Sec. 190. Cremation of Human Remains. 

Sec. 195. Cremation of Human Remains 

in City and County Limits 

Prohibited. 
Sec. 200. Burials Within City and County 

Limits Prohibited. 

Sec. 201. Penalty. 

Sec. 215. Embalming — Certificate of 

Death, Etc. 
Sec. 216. Record of Material Used. 

Sec. 217. Duty of Physician. 

Sec. 218. Penalty. 

Sec. 220. Title. 

Sec. 221. Findings. 

Sec. 222. Definitions. 

Sec. 223. Filing of Homeless Death Form. 

Sec. 224. Development of Homeless Death 

Form. 
Sec. 225. Access to Homeless Death 

Forms. 
Sec. 226. Effective Date. 

SEC. 185. DEATHS FROM CRIMINAL 
CAUSES. 

It shall be unlawful for any person to per- 
form, or assist in performing, any autopsy or 
other post-mortem examination upon the body of 
any person who has died suddenly or whose 
death has resulted from injury, or upon the 
bodies of persons found under such circum- 
stances as to lead to a suspicion of crime having 
been committed, or in cases of accidental deaths 
or suicides, or under any other circumstances in 
which it is the duty of the Coroner to sign the 
certificate of death, unless a permit to perform 
such autopsy or post mortem examinations has 
been issued by the Coroner. 



It shall be unlawful for any person to remove, 
or aid in removing, the body of any deceased 
person from the place where the death of such 
person has occurred unless permission to remove 
said body has been granted by the Director of 
Public Health, or unless a regularly licensed 
physician who has been in attendance upon the 
deceased for not less than 24 hours next prior to 
death shall have certified that the death was not 
directly or indirectly the result of criminal causes, 
and that it did not occur under circumstances 
making the death reportable to the Coroner. 

It shall be unlawful to move from the position 
or place of death the body of any person who died 
under circumstances making such death report- 
able to the Coroner except with permission of the 
Coroner, unless said body is directly in the public 
view, or unless death occurred in a hospital 
where the person had been taken for treatment 
of the condition which caused death in which 
case said body may be moved to another place in 
the same hospital. 

It shall be unlawful for any person, except 
upon authorization by the Coroner or Depart- 
ment of Public Health, to dispose of or in any 
manner to aid in the disposal of, whether by 
burial, dissection or otherwise., the body or parts 
thereof of any persons whose death has resulted 
from the performance or an effort to perform a 
criminal abortion. 

It shall be unlawful for any person to obtain, 
or induce or assist others in obtaining or attempt- 
ing to secure, from the proper authorities any 
permit to inter, remove or otherwise dispose of 
the remains of any deceased person unless the 
person desiring such permit presents to the 
Department of Public Health a certificate of 
death which clearly and truthfully shows the 
name and age of decedent and the precise loca- 
tion where the death occurred; if the same has 
been caused by criminal abortion, either as a 
direct or indirect consequence, the certificate 
shall so state. 



145 



Sec. 186. 



San Francisco - Health Code 



146 



SEC. 186. DUTY TO REPORT DEATH TO 
CORONER. 

Death occurring under circumstances mak- 
ing such death reportable to the Coroner shall be 
immediately so reported by any physician, fu- 
neral director, embalmer, ambulance attendant 
or other person having knowledge thereof. 

No embalmer shall embalm a body when he 
has information reasonably indicating such death 
is reportable to the Coroner unless permission to 
embalm said body has been given by the Coroner. 

When a person dies, having had medical 
attendance for less than 24 hours next prior to 
death, it shall be the duty of the physician in 
attendance, or any other person having knowl- 
edge thereof, to report such death to the Coroner. 

SEC. 187. PRELIMINARY INQUIRY. 

Any death reported to the Coroner shall be 
subject to a preliminary inquiry, which shall be a 
matter of record and after which the Coroner, if 
the circumstances warrant, shall order a full 
investigation subject to the provisions of the 
Government Code; if such case does not fall 
within the jurisdiction of the Coroner, he shall so 
advise the person reporting said death or physi- 
cian last in attendance, if any. 

SEC. 190. CREMATION OF HUMAN 
REMAINS. 

When a person dies in the City and County of 
San Francisco, and it is the intention of the 
person whose duty it is to dispose of the body to 
cremate it, there must be filed on a form pre- 
scribed by the Department of Public Health an 
application for a permit to cremate said body 
signed by the Department of Public Health or his 
agents. 

(a) Applications and Permits. The per- 
son applying must file with the proper officer a 
certificate, signed by a physician, or a Coroner, 
or two reputable citizens, setting forth as near as 
possible the name, age, color, place of birth, 
occupation, date, locality and cause of death of 
the deceased. 

After the application and certificate are filed, 
the duly authorized agent of the Department of 



Public Health shall immediately inquire into the 
circumstances relating to the death, and within 
12 hours after such application is filed, shall 
report, in writing, to the Department of Public 
Health as to whether, in his opinion, death 
resulted from natural causes and whether there 
are reasons why said body should be cremated. 

When said report is filed and sufficient rea- 
sons are not given why cremation should not 
take place, the Director of Public Health shall 
issue a written permit for the cremation. 

A permit shall not be given to cremate a body 
upon which a Coroner's inquest is pending until 
the cause of death has been attested by the 
proper authority — except any part of a body, or 
the contents of a body proposed to be cremated 
may be removed and preserved as evidence, the 
same as in the case of interment, and when such 
parts or contents are removed the body may be 
cremated. 

(b) Removal of Remains. It shall be un- 
lawful, without a permit, to remove from said 
City and County, for the purpose of cremation, 
the remains of any human being, who died 
within its limits; nor shall any such remains be 
removed and cremated without a permit from 
said Director of Public Health to so remove and 
cremate, as provided for in this Section, and any 
person who, as undertaker, or agent, or other- 
wise, obtains a permit to remove a body from 
said City and County for the purpose of inter- 
ment, who cremates said body or is privy thereto, 
is guilty of a misdemeanor. When death resulted 
from a contagious disease a special permit to 
remove and cremate may be issued by the De- 
partment of Public Health. 

Provided, that in case of death from any 
cause whatever, a special permit may be issued 
by the Department of Public Health, to remove 
and cremate a body at any time. 

( c) Death from Contagious Disease. When 
death results from contagious disease (within 
the meaning of the words "contagious disease"), 
as defined by said Department of Public Health 
or by law, the body shall not be publicly exposed, 
and said remains shall be cremated without 
being taken from the case enclosing them, and 



147 



Deceased Persons 



Sec. 220. 



said Department of Public Health may adopt 
regulations prescribing the manner and shape in 
which the remains referred to in this Section 
shall be prepared for cremation. 

SEC. 195. CREMATION OF HUMAN 
REMAINS IN CITY AND COUNTY LIMITS 
PROHIBITED. 

It shall be unlawful for any person, associa- 
tion or corporation, to cremate, or cause to be 
cremated, the dead body of any human being 
within the City and County of San Francisco, 
exclusive of those portions of said City and 
County belonging to or under the exclusive juris- 
diction of the United States. 

SEC. 200. BURIALS WITHIN CITY AND 
COUNTY LIMITS PROHIBITED. 

It shall be unlawful for any person, associa- 
tion or corporation, to bury, or inter, or cause to 
be interred or buried, the dead body of any 
person in any cemetery, graveyard, or other 
place within the City and County of San Fran- 
cisco, exclusive of those portions thereof which 
belong to the United States or are within its 
exclusive jurisdiction, provided however, that in 
cathedral churches, as that term is generally 
used and understood today, the bodies of Bishops 
and Archbishops, acting or retired, and their 
spouses, if any, and cathedral clergy who, at the 
time of their death, were attached to the cathe- 
dral or held honorary titles therefrom, and their 
spouses, if any, may be buried or interred in 
areas designated for that purpose within the 
cathedral building; provided that said place of 
burial or interment constitutes a cemetery within 
the meaning of Section 7054 of the Health and 
Safety Code of the State of California. (Amended 
by Ord. 168-66, App. 7/21/66) 

SEC. 201. PENALTY. 

Any person, association or corporation violat- 
ing any of the provisions of Section 200 of this 
Article shall be deemed guilty of a misdemeanor 
and, upon conviction thereof, shall be punished 
by a fine of not less than $100 nor more than 
$500, or by imprisonment not exceeding six 
months, or by both such fine and imprisonment. 



SEC. 215. EMBALMING— CERTIFICATE 
OF DEATH, ETC. 

No person shall use any embalming or pre- 
servative material in or upon the body of any 
deceased person, either by what is known as 
"cavity injection" or "temporary embalming," or 
by injection into the blood vessels, or by any 
other means, or at all, without first obtaining a 
certificate of death from the attending physician, 
if there had been no attending physician, then a 
certificate of death or a permit to embalm from 
the Coroner. Nothing herein contained shall be 
deemed to forbid the use of ice in and upon such 
body, from the preservation thereof. 

SEC. 216. RECORD OF MATERIAL 
USED. 

Every person using any of the material men- 
tioned in Section 215 of this Article (excepting 
ice), after having obtained the certificate or per- 
mit therein required, shall make and keep a 
record of the use of such material, showing the 
time and place of its use and the means em- 
ployed and the material used. Said record shall 
be exhibited by the person keeping the same to 
the Coroner or any peace officer whenever an 
exhibition thereof is demanded by him. 

SEC. 217. DUTY OF PHYSICIAN. 

It shall be the duty of every attending physi- 
cian to give the certificate of death required by 
law within two hours after demand made there- 
for, except in such cases where a post-mortem 
examination is necessary to determine the cause 
of death. 

SEC. 218. PENALTY. 

Any person violating any of the provisions of 
Sections 215 to 217, inclusive, of this Article 
shall be deemed guilty of a misdemeanor and 
upon conviction thereof shall be punished by a 
fine of not less than $100, nor more than $500, or 
by imprisonment not exceeding six months, or by 
both such fine and imprisonment. 

SEC. 220. TITLE. 

This ordinance may be cited as the "Home- 
less Death Count Ordinance." (Added by Ord. 
120-05, File No. 050825, App. 6/23/2005) 



Sec. 221. 



San Francisco - Health Code 



148 



SEC. 221. FINDINGS. 

The Board of Supervisors of the City and 
County of San Francisco hereby finds: 

(a) Homelessness in San Francisco is a cri- 
sis. 

(b) There are thousands of homeless indi- 
viduals in San Francisco. 

(c) Every year homeless individuals die in 
San Francisco. 

(d) Currently, San Francisco has no accu- 
rate way to count the number of homeless indi- 
viduals who die in San Francisco or collect infor- 
mation regarding the circumstances of their 
deaths. 

(e) It is necessary to collect information 
regarding the deaths of homeless individuals in 
San Francisco in order to better target services 
for homeless people and educate the public re- 
garding the plight of homeless people in San 
Francisco. (Added by Ord. 120-05, File No. 050825, 
App. 6/23/2005) 

SEC. 222. DEFINITIONS. 

For purposes of this section, "homeless" shall 
have the same meaning as set forth in Section 
23A.4 of the Administrative Code. (Added by 
Ord. 120-05, File No. 050825, App. 6/23/2005) 

SEC. 223. FILING OF HOMELESS 
DEATH FORM. 

At the time of registering a death by filing a 
death certificate with the San Francisco Health 
Department pursuant to California Health and 
Safety Code sections 102775 et seq. and San 
Francisco Health Code Article 4, the registrant 
shall also file with the San Francisco Health 
Department a completed Homeless Death Form. 
(Added by Ord. 120-05, File No. 050825, App. 
6/23/2005) 



(b) The Homeless Death Form shall seek 
information regarding the identity of the de- 
ceased, the age of the deceased, a description of 
the deceased, the homeless status of the de- 
ceased, and the date, location, and circum- 
stances of the death of the deceased. 

(c) The Homeless Death Form shall not 
contain information that could reasonably be 
used to commit identity theft. 

(d) The San Francisco Health Department 
shall make the Homeless Death Form available 
to the public. (Added by Ord. 120-05, File No. 
050825, App. 6/23/2005) 

SEC. 225. ACCESS TO HOMELESS 
DEATH FORMS. 

(a) The San Francisco Health Department 
shall retain Homeless Death Forms filed with it. 

(b) Before being granted access to Homeless 
Death Forms filed with the San Francisco Health 
Department or the information contained therein, 
members of the public must first sign a state- 
ment under penalty of perjury that they will not 
use the Homeless Death Forms or the informa- 
tion contained therein for fraudulent purposes. 
(Added by Ord. 120-05, File No. 050825, App. 
6/23/2005) 

SEC. 226. EFFECTIVE DATE. 

This Ordinance shall become effective no 
earlier than July 1, 2005. (Added by Ord. 120-05, 
File No. 050825, App. 6/23/2005) 



SEC. 224. DEVELOPMENT OF 
HOMELESS DEATH FORM. 

(a) The Homeless Death Form shall be de- 
veloped by the San Francisco Health Depart- 
ment and reviewed and approved by the Health 
Commission. 



[The next page is 161] 



ARTICLE 5: PUBLIC HEALTH— GENERAL 



Sec. 230. Homes for Children, 

Establishment, Etc. 

Sec. 231. Penalty. 

Sec. 254. Establishment, Etc., of Medical 

Colleges. 
Sec. 255. Tattooing. 

Sec. 256. Permit. 

Sec. 257. Investigation and Inspection. 

Sec. 258. License Fees. 

Sec. 259. Qualifications of Operator. 

Sec. 260. Suspension or Revocation of 

Operator's Permit. 
Sec. 261. Expiration Date of Permit. 

Sec. 262. Permits and Operator's Cards — 

Posting of. 
Sec. 263. Violations — Penalty. 

Sec. 264. Policy. 

Sec. 264.1. Findings. 
Sec. 264.2. Definitions. 
Sec. 264.3. Smokeless Tobacco Warnings. 
Sec. 264.4. Penalties and Enforcement. 
Sec. 265. Policy. 

Sec. 265.1. Findings. 

Sec. 265.2. Alcohol Consumption Warnings. 
Sec. 265.3. Penalties and Enforcement. 
Sec. 266. Registry for Senior and 

Disabled Persons Who Wish to 

be Contacted in the Event of a 

Disaster. 
Sec. 267. Policy. 

Sec. 267.1. Findings. 
Sec. 267.2. Duty to Post. 
Sec. 267.3. Violations and Penalties. 
Sec. 267.4. Enforcement. 
Sec. 267.5. City Undertaking Limited to 

Promotion of General Welfare. 
Sec. 267.6. Severability 
Sec. 267.7. Policy. 
Sec. 267.8. Findings. 



Sec. 267.9. Duty to Post. 

Sec. 267.10. Violations and Penalties. 

Sec. 267.11. Enforcement. 

Sec. 267.12. City Undertaking Limited to 

Promotion of General Welfare. 
Sec. 267.13. Severability. 

SEC. 230. HOMES FOR CHILDREN, 
ESTABLISHMENT, ETC. 

Any person who, without having first ob- 
tained a written permit so to do from the Depart- 
ment of Public Health, establishes, maintains, 
conducts or manages any institution, day nurs- 
ery, or other place for the reception or care of 
children, exclusive of boarding homes as defined 
in Section 1620(a) of the Welfare and Institu- 
tions Code of the State of California, or who 
keeps at an3^ such place any child under the age 
of 12 years, not his relative, apprentice or ward, 
without legal commitment, or neglects, refuses 
or omits to comply with the provisions of this 
Section, or who violates the provisions of such 
permit, is guilty of a misdemeanor. 

(a) Permits. The Department of Public 
Health, shall have power to issue permits for 
such places, and every such permit shall specify 
the name and residence of the person so under- 
taking the care of such children and the location 
of the place where the same are kept and the 
number of children thereby allowed to be re- 
ceived or kept therein, and shall be revocable for 
cause by the said Department of Public Health in 
any case where the provisions of this Section are 
violated, or in any case where, in the opinion of 
the Department of Public Health, such institu- 
tion, day nursery, or other place as previously 
described herein, is being managed, conducted or 
maintained without regard for the health, com- 
fort or morality of the inmates thereof, or with- 
out thereof, or without due regard to proper 
sanitation or hygiene. 

(b) Registration of Children. Every per- 
son holding such permit must keep a register, 
wherein he shall enter the names and ages of all 



161 



Sec. 230. 



San Francisco - Health Code 



162 



such children and the names and residence of 
their parents, so far as known; the time of the 
reception and discharge of such children and the 
reasons therefor, and, also the name and age of 
every child who is given out, adopted, taken 
away or indentured from such place to or by any 
person, together with the name and residence of 
the person so adopting, taking away or indentur- 
ing such child, and within 48 hours after such 
child is so given out, taken away or indentured 
shall cause a correct copy of the register to be 
sent to the Department of Public Health. 

It shall be lawful for the officers and repre- 
sentatives of the Department of Public Health, 
and for all Health Officers at all reasonable 
times to enter and inspect the premises wherein 
such children are so received and kept, and to 
call for and inspect the permit and register, and 
also to see and visit such children. 

SEC. 231. PENALTY. 

Any person who shall violate any of the 
provisions of Section 230 of this Article shall be 
guilty of a misdemeanor and upon conviction 
thereof, shall be punished by a fine not to exceed 
$250, or by imprisonment in the County Jail for 
not more than three months, or by both such fine 
and imprisonment. 

SEC. 254. ESTABLISHMENT, ETC., OF 
MEDICAL COLLEGES. 

It shall be unlawful for any person, corpora- 
tion or association to erect, establish or maintain 
any medical college or building or place of the 
dissection of human bodies without permission 
from the Department of Public Health. 

SEC. 255. TATTOOING. 

Definitions. For the purpose of this ordi- 
nance certain words and phrases shall be con- 
strued as hereafter defined. Words in the singu- 
lar include the plural, and words in the plural 
shall include the singular. Words in the present 
tense shall include the future. 

(a) Director of Public Health. The term 
"Director of Public Health" shall include the 
Director of Public Health, his assistant, or any 



regularly qualified employee or inspector of the 
Department of Public Health in the City and 
County of San Francisco. 

(b) Tattooing. Tattooing shall mean any 
method of placing designs, letters, scrolls, fig- 
ures, symbols, or any other marks upon or under 
the skin with ink or colors, by the aid of needles 
or instruments. 

(c) Person. Person shall mean any indi- 
vidual, firm or corporation, owner or operator of 
a tattooing establishment. 

SEC. 256. PERMIT. 

It shall be unlawful for any person, firm or 
corporation, owning, controlling and leasing, act- 
ing as agent for, conducting, managing or oper- 
ating any establishment to practice the art of 
tattooing or to engage in the practice of tattoo- 
ing, without first applying for and receiving a 
permit from the Director of Public Health of the 
City and County of San Francisco in the manner 
hereinafter provided. 

Every applicant for such permit shall file 
with the Department of Public Health of the City 
and County of San Francisco a written applica- 
tion, which shall state the name and address of 
the applicant, a description of the property by 
street and number, wherein and whereon it is 
proposed to conduct the tattooing establishment, 
the number of persons to be employed in such 
establishment, together with a description of the 
experience and qualifications of each person en- 
gaged in the practice of tattooing, and such other 
pertinent information as the Department of Pub- 
lic Health may require. 

SEC. 257. INVESTIGATION AND 
INSPECTION. 

It shall be the duty of the Director of Public 
Health of the City and County of San Francisco 
to investigate the statements made in the appli- 
cation, and the premises where it is proposed to 
practice the business of tattooing, and if it shall 
appear to the Director of Public Health that the 
statements contained in the application are true 
and that the sanitary conditions prevailing upon 
the premises comply with the provisions of this 



163 



Public Health — General 



Sec. 263. 



ordinance and State laws and conform to the 
rules and regulations of the Director of Public 
Health of the City and County of San Francisco, 
a permit therefor shall be granted for the estab- 
lishment. Such permit shall be granted only 
upon the express condition that it shall be sub- 
ject to suspension or revocation by the Director of 
Public Health upon a showing satisfactory to 
said Director of a violation by the holder of such 
permit, or person or employee, acting with his 
consent or under this authority, of any provision 
of this ordinance or any law of the State of 
California, or any rule or regulation of the Direc- 
tor of Public Health of the City and County of 
San Francisco regulating tattooing establish- 
ments, which rules or regulations the Director of 
Public Health is hereby authorized to make. 

SEC. 258. LICENSE FEES. 

Upon approval of an application for a permit 
to engage in the practice of tattooing, the Direc- 
tor of Public Health shall forward the permit 
therefor to the Tax Collector, who, upon payment 
of the license fee hereinafter provided shall issue 
the permit to the designated permittee. 

Every person engaged in the business of 
conducting, managing or operating any establish- 
ment for the practice of the art of tattooing shall 
pay a license fee of $129 per year, or for any 
portion of a year, payable annually in advance. 
(Amended by Ord. 206-93, App. 6/25/93; Ord. 
121-97, App. 4/9/97; Ord. 37-05, File No. 0401733, 
App. 2/11/2005) 

SEC. 259. QUALIFICATIONS OF 
OPERATOR. 

It shall be unlawful for any person to employ 
an operator in the practice of tattooing without 
such operator having first secured an operator's 
card. The issuance of the operator's card herein 
provided shall be subject to the applicant's com- 
pliance with the regulations and passage of the 
physical examination required by the rules and 
regulations of the Director of Public Health. An 
operator's card shall be granted only on the 
express condition that it shall be subject to 
suspension or revocation by the Director of Pub- 
lic Health upon a showing satisfactory to the 



Director of Public Health of a violation by the 
holder of said operator's card of any rule of the 
Director or provision of this ordinance or of State 
law or upon a satisfactory showing that the 
operator does not possess sufficient skill or that 
he is negligent and has been responsible for 
communication of infections. 

SEC. 260. SUSPENSION OR 
REVOCATION OF OPERATORS PERMIT. 

Suspension or revocation of a permit for an 
operator's card shall automatically suspend or 
revoke any license issued to such person under 
the provisions of this or any other ordinance of 
the City and County of San Francisco. Upon the 
making of any order of suspension or revocation, 
the Director of Public Health shall in writing 
notify the Tax Collector and the Police Depart- 
ment. 

SEC. 261. EXPIRATION DATE OF 
PERMIT. 

A permit for a tattooing establishment or an 
operator's card under the provisions of this ordi- 
nance may be granted at any time during the 
year, but all permits and operators' cards issued 
hereunder shall expire on the thirtieth day of the 
next succeeding June. Said permit or operator's 
card shall not be transferable. 

SEC. 262. PERMITS AND OPERATOR'S 
CARDS— POSTING OF. 

All permits, operators' cards and regulations 
of the Director of Public Health shall be posted at 
all times in a conspicuous place in the establish- 
ment. 

SEC. 263. VIOLATIONS— PENALTY. 

Any person, firm or corporation who shall 
violate any of the provisions of this ordinance or 
fail to comply with any order or regulation made 
thereunder shall be deemed guilty of a misde- 
meanor, and upon conviction thereof shall be 
punished by a fine of not less than $50 nor more 
than $500, or by imprisonment in the County 
Jail for a period of not less than 10 days or more 
than six months or by both such fine and impris- 
onment. 



Sec. 264. 



San Francisco - Health Code 



164 



SEC. 264. POLICY. 

It is the policy of the City and County of San 
Francisco to require every person who sells smoke- 
less tobacco to post a conspicuous warning at the 
point of retail sale as to the addictive and pos- 
sible cancer-causing nature of smokeless to- 
bacco, the illegality of, and the punishment for 
selling, giving, or in any way furnishing smoke- 
less tobacco, or any other tobacco product or 
paraphernalia, to another person who is under 
the age of 18 years. (Added by Ord. 329-87, App. 
7/31/87) 

SEC. 264.1. FINDINGS. 

Scientific evidence has shown that use of 
smokeless tobacco is causally related to oral 
cancer with the risk of developing such cancers 
being four times as great among snuff users than 
nonusers. Smokeless tobacco has been shown to 
contain nicotine which is a dependence-produc- 
ing drug that frequently results in addictive 
behavior. Scientific evidence has shown that 
smokeless tobacco has been associated with a 
number of oral problems including gingivitis, 
gingival recession, tooth abrasion and caries. 
The use of smokeless tobacco has increased sub- 
stantially in recent years particularly among 
adolescent males, and is highly prevalent among 
certain population groups. Users generally are 
unaware of the possible harmful effects associ- 
ated with using smokeless tobacco. 

Therefore, the Board of Supervisors declares 
that it is in the public interest to require every 
person who sells smokeless tobacco to post a 
conspicuous warning at the point of retail sale as 
to the addictive and possible cancer-causing na- 
ture of smokeless tobacco, the illegality of, and 
the punishment for selling, giving or in any way 
furnishing smokeless tobacco, or any other to- 
bacco product or paraphernalia, to another per- 
son who is under 18 years. (Added by Ord. 
329-87, App. 7/31/87) 

SEC. 264.2. DEFINITIONS. 

(a) "Chewing tobacco" shall mean any leaf 
tobacco that is not intended to be smoked. 



(b) "Person" shall mean an individual, firm, 
partnership, joint venture, association, social 
club, fraternal organization, joint stock company, 
corporation, estate, trust, business trust, re- 
ceiver, trustee, syndicate, or any other group or 
combination acting as a unit, excepting the United 
States of America, the State of California, and 
any political subdivision thereof. 

(c) "Smokeless tobacco" shall mean any finely 
cut, ground, powdered, or leaf tobacco that is not 
intended to be smoked. 

(d) "SnufF 1 shall mean any finely cut, ground, 
or powdered tobacco that is not intended to be 
smoked. (Added by Ord. 329-87, App. 7/31/87) 

SEC. 264.3. SMOKELESS TOBACCO 
WARNINGS. 

Every person who sells, offers for sale, or 
keeps for sale, smokeless tobacco shall post at 
the point of retail sale, that is a place within 
close proximity of the shelves or other area 
where smokeless tobacco is displayed for con- 
sumer purchase, a conspicuous warning sign as 
provided in this section. Such sign shall be not 
less than eight inches by 11 inches in size and 
shall be printed on a contrasting background and 
in a legible manner, conveying the following 
warning: 

"WARNING: SMOKELESS TOBACCO IS NOT 

A SAFE ALTERNATIVE TO CIGARETTES. 

IT IS ILLEGAL TO SELL, GIVE, OR IN 

ANY WAY FURNISH SMOKELESS 

TOBACCO, OR ANY OTHER TOBACCO 

PRODUCT, OR PARAPHERNALIA, TO A 

PERSON UNDER THE AGE OF 18 YEARS. 

A VIOLATION OF THIS LAW IS A 
MISDEMEANOR." 

The word "warning" shall be in a print of 
84-point height and Helvetica type and the re- 
mainder of the text in a print of 24-point height 
and in Helvetica medium-face, Futura medium- 
face or Universe 65 type. (Added by Ord. 329-87, 
App. 7/31/87) 



165 



Public Health — General 



Sec. 265.2. 



SEC. 264.4. PENALTIES AND 
ENFORCEMENT. 

(a) The Director of Health shall enforce 
Section 264.3 against violations by serving no- 
tice requiring the correction of any violation 
within a reasonable time specified by the Direc- 
tor. Upon failure to comply with the notice within 
the time period specified, the Director shall call 
upon the City Attorney to maintain an action for 
injunction to enforce the provisions of Section 
264.3, to cause the correction of any such viola- 
tion, and for assessment and recovery of a civil 
penalty for such violation. 

(b) Any individual, firm, partnership, corpo- 
ration, company, association, society, group or 
other person or legal entity that violates, dis- 
obeys, omits, neglects, or refuses to comply with, 
or resists, or opposes the execution of Section 
264.3, shall be liable for a civil penalty, not to 
exceed $500 for each day such violation is com- 
mitted or permitted to continue, which penalty 
shall 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. Any penalty 
assessed and recovered in a civil action brought 
pursuant to this paragraph shall be paid to the 
Treasurer of the City and County of San Fran- 
cisco. 

(c) Any individual, firm, partnership, corpo- 
ration, company, association, society, group or 
other person or legal entity that violates, dis- 
obeys, omits, neglects, or refuses to comply with, 
or who resists, or opposes the execution of any of 
the provisions of Section 264.3, shall be guilty of 
a misdemeanor, and upon conviction thereof shall 
be punished by a fine not exceeding $500, or by 
imprisonment, not exceeding six months, or by 
both such fine and imprisonment, and shall be 
deemed guilty of a separate offense for every day 
such violation, disobedience, omission, neglect or 
refusal shall continue. 

(d) For a second or subsequent violation, 
any local retail business license of the business 
facility where the offense occurred shall be re- 



voked by the licensing agency until the violator 
complies with Section 264.3. (Added by Ord. 
329-87, App. 7/31/87) 

SEC. 265. POLICY. 

It is the policy of the City and County of San 
Francisco to require every person who sells alco- 
hol intended to be used as a beverage to post a 
conspicuous warning at the point of retail sale 
warning that drinking alcohol during pregnancy 
can cause birth defects. (Added by Ord. 6-88, 
App. 1/7/88) 

SEC. 265.1. FINDINGS. 

Recent research indicates that alcohol con- 
sumption during pregnancy can have severe and 
adverse effects on the fetus, resulting in birth 
defects including growth retardation, facial ab- 
normalities and congenital heart disease. Such 
adverse effects are known individually as Fetal 
Alcohol Effects and collectively as Fetal Alcohol 
Syndrome. Fetal Alcohol Syndrome is the lead- 
ing preventable birth defect in infants, affecting 
brain, limb and motor reflex development for 
developing fetuses. These are irreversible birth 
defects. Public awareness of Fetal Alcohol Ef- 
fects and Fetal Alcohol Syndrome is dangerously 
low. It is the policy of the City and County of San 
Francisco that the public should be informed 
that consumption of alcohol during pregnancy 
may be harmful to a fetus and may result in 
birth defects. 

Therefore, the Board of Supervisors declares 
that it is in the public interest to require every 
person who sells alcohol intended to be used as a 
beverage to post a conspicuous warning at the 
point of retail sale as to the possible danger in 
consuming alcohol during pregnancy. (Added by 
Ord. 6-88, App. 1/7/88) 

SEC. 265.2. ALCOHOL CONSUMPTION 
WARNINGS. 

(a) Every person who sells, offers for sale, or 
keeps for sale, alcohol intended to be used as a 
beverage shall post at the point of retail sale a 
warning as provided in this Section. 



Sec. 265.2. 



San Francisco - Health Code 



166 



(b) Such sign shall be not less than 10 
inches by 10 inches in size and shall be conspicu- 
ously displayed so as to be readable; except that 
for persons who sell, offer for sale, or keep for 
sale, alcohol intended to be used as a beverage in 
"mini-bars," which are small refrigerators which 
do not exceed 2 feet in height by 2 feet in width, 
the required warning signs at the point of retail 
sale shall be not less than 3V2 inches by 4V2 
inches in size and shall be readable. The signs 
required for "mini-bars" shall be attached and 
secured by adhesive material to the inside door 
of the "mini-bars." Lettering thereon shall be not 
less than 3 /s inch in height and shall be printed 
on a contrasting background and in a legible 
manner, conveying the following warning: 

"WARNING: DRINKING DISTILLED 

SPIRITS, BEER, COOLERS, WINE AND 

OTHER ALCOHOLIC BEVERAGES 

DURING PREGNANCY CAN CAUSE 

BIRTH DEFECTS" 

(c) Where alcohol intended to be used as a 
beverage is sold, offered for sale or kept for sale 
to a substantial number of persons who use a 
language other than English as a primary lan- 
guage, an additional sign shall be worded in the 
primary language or languages involved and 
posted pursuant to Paragraph (b). (Added by 
Ord. 6-88, App. 1/7/88; amended by Ord. 87-89, 
App. 3/29/89) 

SEC. 265.3. PENALTIES AND 
ENFORCEMENT. 

(a) The Director of Health shall enforce 
Section 265.2 against violations by serving no- 
tice requiring the correction of any violation 
within a reasonable time specified by the Direc- 
tor. Upon failure to comply with the notice within 
the time period specified, the Director shall call 
upon the City Attorney to maintain an action for 
injunction to enforce the provisions of Section 
265.2, to cause the correction of any such viola- 
tion, and for assessment and recovery of a civil 
penalty for such violation. 

(b) Any individual, firm, partnership, corpo- 
ration, company, association, society, group or 
other person or legal entity that violates, dis- 



obeys, omits, neglects, or refuses to comply with 
the execution of Section 265.2, shall be liable for 
a civil penalty not to exceed $500 for each day 
such violation is committed or permitted to con- 
tinue. 

(c) Any individual, firm, partnership, corpo- 
ration, company, association, society, group or 
other person or legal entity that violates, dis- 
obeys, omits, neglects, or refuses to comply with 
the execution of any of the provisions of Section 
265.2 shall be guilty of a misdemeanor, and upon 
conviction thereof, shall be punished by a fine 
not exceeding $500, or by imprisonment, not 
exceeding six months or by both such fine and 
imprisonment, and shall be deemed guilty of a 
separate offense for every day such violation, 
disobedience, omission, neglect or refusal shall 
continue. 

(d) For a second or subsequent violation, 
any local retail business license of the business 
facility where the offense occurred may be re- 
voked by the licensing agency until the violator 
complies with Section 265.2. (Added by Ord. 
6-88, App. 1/7/88) 

SEC. 266. REGISTRY FOR SENIOR AND 
DISABLED PERSONS WHO WISH TO BE 
CONTACTED IN THE EVENT OF A 
DISASTER. 

The Department of Public Health shall estab- 
lish and maintain a register identifying those 
persons who wish to be visited after a major 
earthquake or other disaster which poses a threat 
of injury to such persons. The persons eligible to 
register are those 65 years of age or older, those 
who are disabled, and those who employ or house 
persons who are eligible to register. A "disabled 
person" is one whose life functions have been 
significantly altered by their medical condition 
or disease, or who has any other significantly 
disabling physical, or mental condition includ- 
ing, but not limited to, a physical condition that 
significantly impairs his or her ability to move 
normally, a chronic illness that requires continu- 
ing medication to prevent a life-threatening dis- 
ease, or a condition (such as heart disease) that 
could result in a serious medical problem in a 
disaster. Persons who wish to be included in the 



167 



Public Health — General 



Sec. 267.2. 



register shall provide their name, address, tele- 
phone number and the names, addresses and 
telephone numbers of any relatives, neighbors, 
or other persons who regularly communicate 
with the person registered and may be able to 
provide information as to that person's condition 
in the event of a disaster. In the event of a major 
earthquake or other disaster which poses a threat 
of injury to senior and disabled persons, the 
Department shall attempt to visit or otherwise 
communicate with registered persons in order to 
determine if they need medical or other assis- 
tance. The Department shall act as expeditiously 
as possible, taking into consideration the need to 
allocate resources to respond to the disaster. The 
Department shall provide notice to the public 
that registration is available by such means as 
the Department determines best suited to reach 
seniors and the disabled. 

By adopting this ordinance, the City and 
County of San Francisco is assuming an under- 
taking only to promote the general welfare. It is 
not assuming, not 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 approximately caused 
injury. (Added by Ord. 259-90, App. 7/6/90) 

SEC. 267. POLICY. 

It is the policy of the City and County of San 
Francisco to require every person who sells con- 
doms made of natural membrane (lambskin) 
intended to be used for disease or pregnancy 
prevention to post a conspicuous warning at the 
point of retail sale, display for purchase, or 
dispensing of condoms that latex condoms la- 
beled for disease prevention provide greater pro- 
tection against AIDS, Hepatitis B and Herpes 
viruses than do natural (lambskin) condoms. 
(Added by Ord. 381-91, App. 10/28/91) 

SEC. 267.1. FINDINGS. 

Recent testing of natural membrane (lamb- 
skin) condoms revealed that this type of condom 
prevents the passage of sperm through the pores 
of the material, but some viruses and virus-sized 
particles pass through the barrier membrane. 
This research indicates that users cannot be 



assured that natural membrane condoms will be 
a barrier against all sexually transmitted dis- 
eases. Based on research conducted that studied 
the effectiveness of condoms made of latex and 
condoms made of natural membrane in prevent- 
ing the transmission of sexually transmitted 
diseases, the Food and Drug Administration, of 
the Department of Health and Human Services, 
released an educational publication ("Condoms 
and Sexually Transmitted Disease," 1990) that 
states: "Tests have shown that latex condoms can 
prevent the passage of AIDS, hepatitis and her- 
pes viruses but natural (lambskin) condoms may 
not do this." 

Therefore, in order to serve the public health, 
safety and welfare, the Board of Supervisors 
declares that the purpose of Sections 267 through 
267.6 of this Article is to educate the public by 
requiring that warning signs be placed at all 
locations where condoms made of natural mem- 
brane (lambskin) are sold to the public. (Added 
by Ord. 381-91, App. 10/28/91) 



SEC. 267.2. DUTY TO POST. 

(a) Every person or entity who owns, oper- 
ates, manages, leases or rents a premises or 
vending machine offering condoms made of natu- 
ral membrane (lambskin) for sale, or dispensing 
for consideration, to the public, shall cause a sign 
or notice to be posted at one of the following 
points: the point of sale, display for purchase, 
distribution, or dispensing. Such notice shall be 
in English, Spanish, Chinese and Tagalog as 
provided in this section: 

The sign or notice shall read: 



Sec. 267.2. 



San Francisco - Health Code 



168 



"WARNING 

LATEX CONDOMS LABELLED FOR 

DISEASE PREVENTION PROVIDE 

GREATER PROTECTION AGAINST 

AIDS, HEPATITIS B AND HERPES 

VIRUSES THAN DO NATURAL 

(LAMBSKIN) CONDOMS. 

FOR MORE INFORMATION 

CALL 864-8100 



AVISO 

LOS CONDONES DE LATEX 

CON ROTULOS DE PREVENCION 

DE ENFERMEDADES OFRENCEN 

UNA MAYOR PROTECCION CONTRA 

LOS VIRUS DEL SIDA, HEPATITIS B 

Y HERPES QUE LOS CONDONES 

NATURALES DE PIEL DE 

CORDERO. 

PARA MAS INFORMACION 

LLAME AL: 864-8100 



«*** &*"* ft * • Ut *r t if ft 



BAB ALA 

ANG CONDOM NA GAWA SA GOMA 

AY NAKAPAGBIBIGAY NG HIGIT NA 

PROTEKSYON LABAN SA AIDS VIRUS, 

HEPATITIS B, AT HERPES KAYSA SA 

CONDOM NA GAWA SA BALAT. 

PARA SA HIGIT NA IMPORMASYON, 

TUMAWAG SA 864-8100 



(b) Such sign shall be not less than eight 
and one-half inches by 11 inches and shall be 
conspicuously displayed so as to be readable. The 
word "WARNING" shall not be less than one-half 
inch in height and shall be centered on a single 
line with no other text. The sentence "FOR 
MORE INFORMATION CALL 864-8100" shall 
be a separate paragraph centered immediately 
following the last sentence of the English warn- 
ing and the same format shall be followed for the 
other languages. 

(c) The required sign or notice shall be 
placed as follows: 

(1) Where the sale, display for purchase, or 
dispensing of condoms made of natural mem- 
brane to the public occurs other than through the 
use of a vending machine, at least one sign shall 
be posted at one of the following points: point of 
retail sale, dispensing, or at the display for 
purchase, and shall be conspicuously displayed 
so as to be readable. 

(2) Where the sale or dispensing of condoms 
made of natural membrane to the public occurs 
through the use of a vending machine, the sign 
or notice and the lettering thereon is not subject 
to the minimum width, height or length require- 
ments of this Subsection (b) of this Section ex- 
cept at least one sign or notice shall be attached 
or affixed to the front of the vending machine to 
assure that it is readable by a person who is 
physically close enough to the vending machine 
to actually operate it. 

(d) It is the intent of the Board of Supervi- 
sors in approving these provisions that the speci- 
fied warning notices shall be provided by the 
Department of Public Health to facilitate compli- 
ance with the requirements. (Added by Ord. 
381-91, App. 10/28/91) 

SEC. 267.3. VIOLATIONS AND 
PENALTIES. 

Anyone, subject to the provision of Section 
267.2 knowingly failing to post the required 
warning, is guilty of an infraction. (Added by 
Ord. 381-91, App. 10/28/91) 



169 



Public Health — General 



Sec. 267.9. 



SEC. 267.4. ENFORCEMENT. 

In addition to any peace officer the following 
classes of employees of the City and County of 
San Francisco shall have the authority to enforce 
the provisions of Section 267.2: 

Classification 

Number Class Title 



6120 


Environmental Health 


6122 


Inspector 
Senior Environmental 


6124 
6127 


Health Inspector 
Principal Environmental 

Health Inspector 
Assistant Director, Bureau 

of Environmental 




Health 


6126 


Director, Bureau of 
Environmental Health 


8280 


Environmental Control 




Officer 



(Added by Ord. 381-91, App. 10/28/91) 

SEC. 267.5. CITY UNDERTAKING 
LIMITED TO PROMOTION OF GENERAL 
WELFARE. 

In undertaking the adoption and enforce- 
ment of Sections 267 through 267.5, the City is 
assuming an undertaking only to promote the 
general welfare. This Chapter is not intended to 
create any new rights for breach of which the 
City is liable in money damages to any person 
who claims that such breach proximately caused 
injury. This section shall not be construed to 
limit or proscribe any other existing rights or 
remedies possessed by such person. (Added by 
Ord. 381-91, App. 10/28/91) 

SEC. 267.6. SEVERABILITY. 

If any part of this ordinance, or the applica- 
tion thereof, is held to be invalid, the remainder 
of this ordinance shall not be affected thereby, 
and this ordinance shall otherwise continue in 
full force and effect. To this end, the provisions of 
this ordinance, and each of them, are severable. 
(Added by Ord. 381-91, App. 10/28/91) 



SEC. 267.7. POLICY. 

It is the policy of the City and County of San 
Francisco to require every person who sells per- 
sonal lubricants intended to be used with con- 
doms to post a conspicuous warning at the point 
of retail sale or display for purchase that lubri- 
cants containing oil or vegetable shortening used 
with a latex condom may damage the integrity of 
the condom, water-based lubricants are condom 
compatible, and lubricants containing nonox- 
ynol-9 may decrease transmission of STD's and 
HIV when used with a condom. (Added by Ord. 
225-93, App. 7/16/93) 

SEC. 267.8. FINDINGS. 

Testing of short-term exposure to lubricants 
adjunctly applied to latex condoms concluded 
that oil-based personal lubricants have a signifi- 
cant deleterious effect on the strength of con- 
doms. The U.S. Department of Health and Hu- 
man Services, Public Health Service, issued a 
report ("Condoms for Prevention of Sexually Trans- 
mitted Diseases," 1988) that recommends that 
only water-based lubricants should be used with 
a condom. Petroleum- or oil-based lubricants 
(such as petroleum jelly, cooking oils, shortening, 
and lotions) should not be used since they weaken 
the latex. This report indicates that use of oil- 
based lubricants that weaken latex may contrib- 
ute to the failure of condoms to protect against 
STD. The effect of oil-based lubricants on con- 
dom performance was tested by CONSUMER 
REPORTS by using oil-based lubricants in air- 
burst testing. In this test, at least half of the 
samples of each condom failed. 

Therefore, in order to serve the public health, 
safety and welfare, the Board of Supervisors 
declares that the purpose of this Article is to 
educate the public by requiring that warning 
signs about oil-based lubricants be placed at all 
locations where personal lubricants are sold to 
the public. (Added by Ord. 225-93, App. 7/16/93) 

SEC. 267.9. DUTY TO POST. 

(a) Every person or entity who owns, oper- 
ates, manages, leases or rents a premises offer- 
ing personal lubricants for sale to the public 
shall cause a sign or notice to be posted at the 



Sec. 267.9. 



San Francisco - Health Code 



170 



point of sale or display for purchase. Such notice 
shall be in English, Spanish, Chinese and Taga- 
log as provided in this Section. 
The sign or notice shall read: 

"CAUTION 

CHECK THE LABEL BEFORE YOU 

BUY. USE ONLY WATER-BASED 

LUBRICANTS WITH A CONDOM. 

STUDIES SHOW CONDOMS BREAK 

IF USED WITH LUBRICANTS 

CONTAINING OIL OR VEGETABLE 

SHORTENING. 

For More Information Call: " 

(b) Such sign shall be not less than eight 
and one-half inches by eleven inches and shall be 
conspicuously displayed so as to be readable. The 
word "CAUTION" shall not be less than one-half 
inch in height and shall be centered on a single 
line with no other text. The sentence "For More 

Information Call " shall 

be a separate paragraph centered immediately 
following the last sentence of the English warn- 
ing and the same format shall be followed for the 
other languages. 

(c) The required sign or notice shall be 
placed as follows: At least one sign shall be 
posted where the sale or display for purchase of 
personal lubricants to the public occurs and shall 
be conspicuously displayed so as to be readable. 

(d) It is the intent of the Board of Supervi- 
sors in approving these provisions that the speci- 
fied warning notices shall be provided by the 
Department of Public Health within 30 days of 
the effective date of this ordinance to facilitate 
compliance with the requirements. (Added by 
Ord. 225-93, App. 7/16/93) 

SEC. 267.10. VIOLATIONS AND 
PENALTIES. 

Anyone, subject to the provision of Section 
267.9 knowingly failing to post the required 
warning, is guilty of an infraction. (Added by 
Ord. 225-93, App. 7/16/93) 

SEC. 267.11. ENFORCEMENT. 

In addition to any peace officer the following 
classes of employees of the City and County of 



San Francisco shall have the authority to enforce 
the provisions of Section 267.9: 

Classification 

Number Class Title 



6120 


Environmental Health 




Inspector 


6122 


Senior Environmental 




Health Inspector 


6124 


Principal Environmental 




Health Inspector 


6127 


Assistant Director, Bureau 




of Environmental Health 


6126 


Director, Bureau of Environ- 




mental Health 


8280 


Environmental Control 




Officer 


2806 


Disease Control Investigator 


2808 


Senior Disease Control 




Investigator 



(Added by Ord. 225-93, App. 7/16/93) 

SEC. 267.12. CITY UNDERTAKING 
LIMITED TO PROMOTION OF GENERAL 
WELFARE. 

In undertaking the adoption and enforce- 
ment of this Article the City is assuming an 
undertaking only to promote the general wel- 
fare. This Article is not intended to create any 
new rights for breach of which the City is liable 
in money damages to any person who claims that 
such breach proximately caused injury. This Sec- 
tion shall not be construed to limit or proscribe 
any other existing rights or remedies possessed 
by such person. (Added by Ord. 225-95, App. 
7/16/93) 

SEC. 267.13. SEVERABILITY. 

If any part of this ordinance, or this applica- 
tion thereof, is held to be invalid, the remainder 
of this ordinance shall not be affected thereby, 
and this ordinance shall otherwise continue in 
full force and effect. To this end, the provisions of 
this ordinance, and each of them, are severable. 
(Added by Ord. 225-95, App. 7/16/93) 



[The next page is 191] 



ARTICLE 6: GARBAGE AND REFUSE 



Sec. 280. Dumping of Refuse, Etc., in 

Designated Places Prohibited. 

Sec. 283. Containerization and Binding of 

Refuse. 

Sec. 283.1. Penalty. 
Sec. 286. Hours of Removal of Waste 

From Fish Markets Fixed. 

Sec. 287. Penalties. 

Sec. 288. Construction and Demolition 

Debris. 
Sec. 288.1. Penalty. 
Sec. 290. Refuse Collection and Disposal 

Ordinance No. 17.083. 
Sec. 291. Owner Responsibility for 

Maintenance of Refuse 

Collection Service to Dwellings; 

Definitions. 
Sec. 291.1. Owner Responsible for Refuse 

Collection Service. 
Sec. 291.2. Failure to Initiate Service or to 

Provide Sufficient Refuse 

Containers. 
Sec. 291.3. Violation a Misdemeanor. 
Sec. 291.4. Collector Entitled to Payment 

for Services Rendered. 
Sec. 291.5. Complaint of Nonpayment. 
Sec. 291.6. Form of Collector's Bill. 
Sec. 291.7. Payment by Department of 

Public Health Lien. 
Sec. 291.8. Payment Based on Incorrect 

Information. 
Sec. 291.9. Director's Hearing. 
Sec. 291.10. Collection of Delinquent Fees as 

a Special Assessment. 
Sec. 291.11. Report of Delinquencies 

Transmitted to Board of 

Supervisors. 
Sec. 291.12. Hearing. 
Sec. 291.13. Collection of Assessment. 
Sec. 291.14. Continuing Appropriation 

Account. 



Sec. 291.15. 

Sec. 291.16. 

Sec. 291.17. 

Sec. 292. 

Sec. 293. 

Sec. 293.1. 

Sec. 293.2. 

Sec. 293.3. 

Sec. 293.4. 

Sec. 294. 

Sec. 297. 

Sec. 307. 

Sec. 308. 



Sec. 313. 



Manner of Giving Notices. 

Penalty. 

Severability. 

Character of Vehicles for Refuse 

Removal. 

Definitions Applicable to 

Sections 293—293.4. 

Violations. 

Penalty. 

Enforcement. 

Application. 

Solid Waste Transfer Station — 

Permit Required. 

Use of Manure Wagons. 

Removal of Waste From 

Wholesale Vegetable Markets. 

Sale on Sidewalk or From 

Sidewalk or From Standing 

Vehicles Prohibited. 

Routes of Garbage Collectors — 

Collection Permits. 



SEC. 280. DUMPING OF REFUSE, ETC., 
IN DESIGNATED PLACES PROHIBITED. 

No person, company or corporation shall de- 
posit, dump or cause to be dumped or deposited 
upon any street, lot or lands within City and 
County of San Francisco or in any water or 
waterways within said City and County, or from 
any wharf or bulkhead on the waterfront of said 
City and County, except as hereinafter provided, 
any house refuse, butchers' offal, garbage, refuse, 
dirt, ashes, cinder, sludge, broken glass, crock- 
ery, tins, bones, rubbish or other like matter or 
any dead animals (not otherwise provided for by 
contract or franchise heretofore granted by the 
City and County), or putrid or stinking animal or 
vegetable matter or fish, flesh and food con- 
demned by the Director of Public Health as unfit 
for human food. 



191 



Sec. 283. 



San Francisco - Health Code 



192 



SEC. 283. CONTAINERIZATIONAND 
BINDING OF REFUSE. 

No commercial establishment, dwelling, house- 
holder or other person or entity shall store or 
place out for collection any refuse that is subject 
to putrefaction and any other refuse destined for 
disposal unless it is contained or secured to 
prevent pets and other animals from gaining 
access to its contents and to prevent its dispersal 
by the wind or other elements. All refuse other 
than cardboard boxes that are destined for dis- 
posal and all putrescible refuse must be placed in 
suitable metal or solid plastic receptacles. Plas- 
tic bags not otherwise contained in metal or solid 
plastic receptacles shall not in themselves con- 
stitute suitable receptacles. The contents of suit- 
able receptacles for putrescible refuse and refuse 
destined for disposal shall not extend above the 
top or rim thereof, and shall be contained by 
tight-fitting lids or sealed enclosures. Cardboard 
boxes need not be contained provided they are 
emptied, flattened, and tied into bundles of suf- 
ficient size to prevent their dispersal by the 
wind. (Added by Ord. 466-85, App. 10/4/85; 
amended by Ord. 125-01, File No. 010269, App. 
6/15/2001) 

SEC. 283.1. PENALTY. 

Any person, firm or corporation violating any 
of the provisions of Section 283 of this Article 
shall be guilty of an infraction and, upon convic- 
tion thereof, shall be punished for the first of- 
fense by a fine of not less than $80 nor more than 
$100; and for a second offense by a fine of not less 
than $150 nor more than $200; and for each 
additional offense by a fine of not less than $250 
nor more than $500. In the alternative, any 
person, firm or corporation violating any of the 
provisions of Section 283 of this Article may be 
assessed an administrative penalty not to exceed 
$1,000 for each violation. Such penalty shall be 
assessed, enforced and collected in accordance 
with Section 39-1 of the Police Code. (Added by 
Ord. 33-78, App. 1/13/78; amended by Ord. 197- 
98, App. 6/19/98; Ord. 87-03, File No. 030482, 
App. 5/9/2003; Ord. 292-04, File No. 040561, 
App. 12/24/2004) 



SEC. 286. HOURS OF REMOVAL OF 
WASTE FROM FISH MARKETS FIXED. 

The garbage and waste from all wholesale 
fish markets, or places from which fish is distrib- 
uted to markets and stalls, must be removed 
daily between the hours of 5:00 a.m. and 8:00 
a.m. 

SEC. 287. PENALTIES. 

Any person who shall violate any of the 
provisions of Section 280 or 286 of this Article, 
shall be guilty of an infraction or a misdemeanor. 
If charged as an infraction, upon conviction 
thereof, said person shall be punished for the 
first offense by a fine of not less than $80 nor 
more than $100; for a second offense by a fine of 
not less than $150 nor more than $200; and for 
each additional offense by a fine of not less than 
$250 nor more than $500. 

If charged as a misdemeanor, upon conviction 
thereof, said person shall be punished by impris- 
onment in the County Jail not exceeding one 
year or a fine not exceeding $1,000. The com- 
plaint charging such violation shall specify 
whether the violation is a misdemeanor or in- 
fraction, which decision shall be solely that of the 
District Attorney. 

As an alternative to any other fines and 
penalties applicable to a violation of Section 280 
of this Article, any person who is in violation of 
Section 280 may be subject to an administrative 
penalty not to exceed $1,000 for each violation. 
The administrative penalty shall be assessed, 
enforced and collected in accordance with Sec- 
tion 39-1 of the Police Code. (Amended by Ord. 
46-83, App. 2/4/83; Ord. 197-98, App. 6/19/98; 
Ord. 87-03, File No. 030482, App. 5/9/2003; Ord. 
292-04, File No. 040561, App. 12/24/2004) 

SEC. 288. CONSTRUCTION AND 
DEMOLITION DEBRIS. 

No commercial establishment, dwelling, house- 
holder or other person or entity, including the 
City and County of San Francisco, shall place out 
for regular refuse collection any construction and 
demolition debris. Unless otherwise required by 
Chapter 14 of the Environment Code or accept- 



193 



Garbage and Refuse 



Sec. 290. 



able in an on-site residential or commercial re- 
cycling or composting collection program, con- 
struction and demolition debris must be disposed 
of at a construction and demolition debris facility 
registered pursuant to Chapter 14 of the Envi- 
ronment Code. For purposes of this section, con- 
struction and demolition debris means building 
materials and solid waste generated by construc- 
tion and demolition activities, including but not 
limited to: fully-cured asphalt, concrete, brick, 
rock, soil, lumber, gypsum wallboard, cardboard 
and other associated packaging, roofing mate- 
rial, ceramic tile, carpeting, fixtures, plastic pipe, 
metals, tree stumps, and other vegetative matter 
resulting from land clearing and landscaping for 
construction, deconstruction, demolition or land 
developments. Construction and demolition de- 
bris does not include any refuse regulated under 
the 1932 Refuse Collection and Disposal Initia- 
tive Ordinance or sections of the Municipal Code 
that implement the provisions of that ordinance. 
Hazardous waste, as defined in California Health 
and Safety Code Section 25100 et seq., as 
amended, is not construction and demolition 
debris for purposes of this section. (Added by 
Ord. 27-06, File No. 051142, App. 2/16/2006) 

SEC. 288.1. PENALTY. 

Any person, firm or corporation violating any 
of the provisions of Section 288 of this Article 
shall be guilty of an infraction and, upon convic- 
tion thereof, shall be punished for the first of- 
fense by a fine of not less than $80 nor more than 
$100; and for a second offense by a fine of not less 
than $150 nor more than $200; and for each 
additional offense by a fine of not less than $250 
nor more than $500. In the alternative, any 
person, firm or corporation violating any of the 
provisions of Section 288 of this Article may be 
assessed an administrative penalty not to exceed 
$300 for each violation. Such penalty shall be 
assessed, enforced and collected in accordance 
with Section 39-1 of the Police Code. (Added by 
Ord. 27-06, File No. 051142, App. 2/16/2006) 

SEC. 290. REFUSE COLLECTION AND 
DISPOSAL ORDINANCE NO. 17.083. 

This Section is enacted to set forth portions of 
the Refuse Collection and Disposal Ordinance 



No. 17.083, Appendix A of the San Francisco City 
Charter, heretofore has been adopted to read as 
follows: 



"Section 1. The term "refuse" as used in this 
ordinance shall be taken to mean all waste and 
discarded materials from dwelling places, house- 
holds, apartment houses, stores, office buildings, 
restaurants, hotels, institutions and all commer- 
cial establishments, including waste or dis- 
carded food, animal and vegetable matter from 
all kitchens thereof, waste paper, cans, glass, 
ashes and boxes and cutting from trees, lawns 
and gardens. Refuse as used herein does not 
include debris and waste construction materials, 
including, wood, brick, plaster, glass, cement, 
wire, and other ferrous materials, derived from 
the construction of or the partial or total demo- 
lition of buildings or other structures. 

"Section 2. It shall be unlawful for any 
person, firm or corporation to dispose of refuse as 
defined in this ordinance except as herein pro- 
vided, save that the provisions of this ordinance 
shall not include refuse which may be inciner- 
ated by an owner of a building for himself or for 
his tenants on the premises where produced; 
provided, however, that such incineration shall 
be subject to inspection and control by the Direc- 
tor of Public Health and the Fire Department. 
Failure of any householder producing refuse to 
subscribe to and pay for refuse collection, unless 
such householder is a tenant for whom refuse 
collection service is provided by his landlord, 
shall be prima facie evidence that such house- 
holder is disposing of refuse in violation of this 
ordinance. 

"Section 3. Refuse consisting of waste or 
discarded food, animal and vegetable matter, 
discharged containers, of food, animal and veg- 
etable matter and ashes shall be collected and 
placed in suitable metal cans of such capacity as 
the Director of Public Works may prescribe (but 
not to exceed 32 gallons in the case of a can 
serving one single family dwelling unit) by the 
producer or landlord who by reason of contract or 



Sec. 290. 



San Francisco - Health Code 



194 



lease with an occupant is obligated to care for 
such refuse, for collection by a refuse collector to 
be disposed of as herein provided. Waste paper 
and boxes and other refuse materials not subject 
to putrefaction or decay, and cuttings from trees, 
lawns and gardens may be placed in any suitable 
container and delivered by the producer or land- 
lord, who by reason of contract or lease with the 
occupant is obligated to care for such refuse and 
deliver same to a refuse collector, to be disposed 
as herein provided; provided, however, that it 
shall be optional with the producer or landlord to 
deliver waste paper or other refuse having a 
commercial value to a refuse collector, and the 
producer or landlord may dispose of the same in 
any manner he may see fit. (Refuse which under 
the provisions hereof must be deposited in a 
metal can of suitable capacity shall be removed 
daily from the place where the same is created.) 



determined by the Director of Public Health, 
shall be refunded to the person or persons who 
paid the excess charge. 



"Section 12. A refuse collector shall be en- 
titled to payment for the collection of refuse at 
the end of each month from each householder or 
landlord served by him and from whom the 
payment is due." 



"Section 14. Any person, firm or corporation 
who shall violate any of the provisions of this 
ordinance shall be guilty of a misdemeanor, and 
upon conviction thereof, shall be punished by a 
fine not to exceed $500 or by imprisonment in the 
County Jail for not more than six months, or by 
both such fine and imprisonment. (Added by 
Ord. 316-75, App. 7/11/75) 



"Section 4. It shall be unlawful for any 
person, firm or corporation, other than a refuse 
collector licensed by the Director of Public Health 
as in the ordinance provided, to transport through 
the streets of the City and County of San Fran- 
cisco any refuse as in this ordinance defined, or 
to collect or to dispose of the same, except waste 
paper, or other refuse having a commercial value." 



"Person, firms or corporations desiring to 
transport through the streets of the City and 
County of San Francisco only waste paper or 
other refuse having commercial value, and to 
collect and dispose of same need not obtain a 
permit therefor under the provisions of this 
ordinance." 



"Section 11. Disputes over charges made by 
collectors or as to the character of the service 
performed shall be decided by the Director of 
Public Health. Any charges made in excess of 
rates fixed pursuant to this ordinance, when 



SEC. 291. OWNER RESPONSIBILITY 
FOR MAINTENANCE OF REFUSE 
COLLECTION SERVICE TO DWELLINGS; 
DEFINITIONS. 

Unless the context otherwise specifies or re- 
quires, the terms defined in this Section shall, 
for all purposes of this Article, have the mean- 
ings herein specified, the following definitions to 
be equally applicable to both the singular and 
plural forms of any of the terms herein defined: 

(a) The term "City" means the City and 
County of San Francisco; 

(b) The term "Collector" means a refuse 
collector duly licensed pursuant to the provisions 
of the Initiative Ordinance; 

(c) The term "Director" means the Director 
of Health of the City, or his authorized agents; 

(d) The term "dwelling" means a residence, 
flat, apartment, or other facility, used for hous- 
ing one or more persons in the City and County 
of San Francisco; 

(e) The term "Initiative Ordinance" means 
the Initiative Refuse Collection and Disposal 
Ordinance adopted November 8, 1932, as 
amended; and 



195 



Garbage and Refuse 



Sec. 291.5. 



(f) The term "Owner" when used with refer- 
ence to a dwelling shall mean, and shall conclu- 
sively be deemed to be, the legal Owner of the 
dwelling. (Added by Ord. 47-83, App. 2/4/83) 

SEC. 291.1. OWNER RESPONSIBLE FOR 
REFUSE COLLECTION SERVICE. 

The owner of any dwelling shall subscribe to 
and pay for refuse collection service rendered to 
such dwelling by a collector and shall provide at 
a location accessible to the collector an adequate 
container or containers for deposit of refuse of 
such capacity as the Director of Public Works 
may prescribe. The necessity for and type of 
refuse collection service required and the rates 
charged therefor shall be governed by the Initia- 
tive Ordinance. 

Nothing in this Section is intended to prevent 
an arrangement or the continuance of an exist- 
ing arrangement, under which payments for 
refuse collection service are made by a tenant or 
tenants, or any agent, in behalf of the Owner. 
However, any such arrangement will not affect 
the Owner's obligation to the City. (Added by 
Ord. 47-83, App. 2/4/83) 

SEC. 291.2. FAILURE TO INITIATE 
SERVICE OR TO PROVIDE SUFFICIENT 
REFUSE CONTAINERS. 

When an owner fails to initiate adequate 
refuse collection service within 15 days of occu- 
pancy of a Dwelling by any person, the Director 
will give the Owner notification that such service 
is required. A copy of said notice will be sent to 
the Collector. If the Owner does not arrange with 
the Collector for service within 15 days from the 
date of mailing of the notice, then the Collector 
shall initiate and continue refuse collection ser- 
vice for said dwelling. 

When in the judgment of the Director addi- 
tional refuse containers are required, they shall 
be provided by the Owner upon written notifica- 
tion from the Director. (Added by Ord. 47-83, 
App. 2/4/83) 

SEC. 291.3. VIOLATION A 
MISDEMEANOR. 

Any Owner who shall violate any of the 
provisions of Section 291.1 and 291.2 of this 



Article shall be guilty of a misdemeanor, and 
upon conviction thereof shall be punished by a 
fine not to exceed $500 or by imprisonment in the 
County Jail for not more than six months, or by 
both such fine and imprisonment. (Added by 
Ord. 47-83, App. 2/4/83) 

SEC. 291.4. COLLECTOR ENTITLED TO 
PAYMENT FOR SERVICES RENDERED. 

Pursuant to the provisions of the Initiative 
Ordinance, the Collector shall be entitled to 
payment from the owner for services rendered. 
When the Owner has been directed to initiate 
service but fails to provide an adequate con- 
tainer or containers at an accessible location and 
the Collector attempts to collect refuse from the 
dwelling then such attempt shall be deemed the 
rendering of collection service for which Collec- 
tor is entitled to compensation in the same 
manner and amount as if refuse had actually 
been collected. Should there be failure to make 
payment for any service rendered by the Collec- 
tor, the means for effecting payment shall be in 
accordance with the procedure set forth hereun- 
der. (Added by Ord. 47-83, App. 2/4/83) 

SEC. 291.5. COMPLAINT OF 
NONPAYMENT. 

Any account shall be deemed delinquent 15 
days after the last day of the normal billing 
period for which service has been rendered when 
the bill has not been paid in full. Not less than 15 
days after the Owner has been mailed the bill 
containing the notice described in Section 291.6 
hereunder regarding a delinquent account and 
not more than 180 days after such account has 
become delinquent respecting such bill, said Col- 
lector may file with the Director a verified writ- 
ten complaint which shall contain the specific 
allegation setting forth the name or names of the 
Owner, the address of the Dwelling served, the 
period of service, the amount due, the steps 
taken to secure payment and such other infor- 
mation as the Director may reasonably require. 

Pending satisfactory payment by said Owner, 
or by the City pursuant to Section 291.6 hereun- 
der, the Collector shall continue to provide unin- 
terrupted normal refuse collection service to the 



Sec. 291.5. 



San Francisco - Health Code 



196 



Dwelling covered by the complaint; provided, 
however, that said Collector shall not be required 
to continue to provide such uninterrupted nor- 
mal refuse collection service if the City fails or is 
unable to pay the fees due under this Article 
after the City has received the complaint and the 
rates or service to the Dwelling are not under 
adjudication as provided by the Initiative Ordi- 
nance. (Added by Ord. 47-83, App. 2/4/83) 

SEC. 291.6. FORM OF COLLECTORS 
BILL. 

The bill presented to the Owner pursuant to 
Section 291.5 shall include a warning notice that 
if the bill is not paid within 15 days, it may be 
paid by the City and that payment by the City 
may render the Owner responsible for penalties, 
interest and may result in the recordation of a 
lien against the property to which service was 
rendered. (Added by Ord. 47-83, App. 2/4/83) 

SEC. 291.7. PAYMENT BY DEPARTMENT 
OF PUBLIC HEALTH LIEN. 

Within 45 days following the receipt of the 
complaint filed in accordance with Section 291.5, 
the Director shall, regardless of any sale or other 
transfer of property following the date of receipt 
of such complaint, process the complaint for 
payment to the Collector from a continuing ap- 
propriation account so provided herein under 
Section 291.14, and the Owner shall be liable to 
the City for fees paid. The payment by the City 
will, upon the recording thereof in the manner 
herein provided, create a lien on the real prop- 
erty to which the service was rendered. The lien 
will be officially recorded in the County Recorder's 
files, the lien to carry and will include additional 
charges for administrative expenses of $50 or 10 
percent of the amount owned, whichever is higher, 
and interest at a rate of IV2 percent per full 
month compounded monthly from the date of the 
recordation of the lien on all fees and charges 
due. The Owner shall be notified by the Director 
that the fees and charges are due to the City. In 
addition, the Owner shall be notified that if the 
fees and charges remain unpaid, subsequent 
proceedings may be taken to make said fees and 
charges a special assessment on the real prop- 



erty to which said refuse collection service was 
rendered. (Added by Ord. 47-83, App. 2/4/83; 
amended by Ord. 206-93, App. 6/25/93)) 

SEC. 291.8. PAYMENT BASED ON 
INCORRECT INFORMATION. 

If City makes payment to Collector and the 
information provided by Collector pursuant to 
Section 291.5 is found to be inaccurate so as to 
prevent City from recovering the amount of 
payment from Owner, Collector shall reimburse 
City for the amount paid to Collector and the 
administrative cost incurred pursuant to this 
Ordinance. (Added by Ord. 47-83, App. 2/4/83) 

SEC. 291.9. DIRECTOR'S HEARING. 

Prior to the report of delinquent collection 
services fees being submitted to the Board of 
Supervisors, the Director shall cause a hearing 
to be held as to each owner of the real property to 
which service was rendered. At such hearing, the 
Owner may make any protest or objection regard- 
ing inclusion on the list. 

The Director shall fix a date, time and place 
of hearing and shall cause a notice, at least 10 
days prior to said hearing, to be mailed to the 
Owners. 

At the conclusion of the hearing, the Director 
shall issue a report of delinquent charges to- 
gether with his recommendation as to any charge. 
(Added by Ord. 47-83, App. 2/4/83) 

SEC. 291.10. COLLECTION OF 
DELINQUENT FEES AS A SPECIAL 

ASSESSMENT. 

The Director may initiate proceedings to make 
delinquent refuse collection service fees a special 
assessment against the parcels of property situ- 
ated within the City to which said service was 
rendered and fees paid by City. (Added by Ord. 
47-83, App. 2/4/83) 

SEC. 291.11. REPORTS OF 
DELINQUENCIES TRANSMITTED TO 
BOARD OF SUPERVISORS. 

A report of delinquent charges shall be trans- 
mitted to the Board of Supervisors by the Direc- 
tor. Upon receipt by the Board of Supervisors of 



197 



Garbage and Refuse 



Sec. 291.16. 



the report, it shall fix a time, date and place for 
hearing the report and any protests or objections 
thereto. (Added by Ord. 47-83, App. 2/4/83) 

SEC. 291.12. HEARING. 

The Board of Supervisors shall cause notice 
of the hearing to be mailed to the Owner of the 
real property to which the service was rendered 
not less than 10 days prior to the date of hearing. 
At the time fixed for the report, the Board of 
Supervisors shall hear it with any objections of 
the Owner liable to be assessed for delinquent 
accounts. The Board of Supervisors may make 
such revisions, corrections or modifications of 
the report as it may deem just and in the event 
that the Board of Supervisors is satisfied with 
correctness of the report (as submitted or as 
revised, corrected or modified), it shall be con- 
firmed or rejected by resolution. The decision of 
the Board of Supervisors on the report and on all 
protests or objections thereto shall be final and 
conclusive. (Added by Ord. 47-83, App. 2/4/83) 

SEC. 291.13. COLLECTION OF 

ASSESSMENT. 

Upon confirmation of the report by the Board 
of Supervisors, the delinquent charges contained 
therein shall constitute a special assessment 
against the property to which the services were 
rendered. Thereafter, said assessment may be 
collected at the same time and in the same 
manner as ordinary municipal taxes are col- 
lected and shall be subject to the same penalties 
and same procedure of sale as provided for 
delinquent, ordinary municipal taxes. 

The assessments shall be subordinate to all 
existing special assessment liens previously im- 
posed upon the property and paramount to all 
other liens except those for state, county and 
municipal taxes with which it shall be upon 
parity. The lien shall continue until the assess- 
ment and all interest and penalties due and 
payable thereon are paid. All laws applicable to 
the levy, collection and enforcement of municipal 
taxes shall be applicable to said special assess- 
ments. (Added by Ord. 47-83, App. 2/4/83) 



SEC. 291.14. CONTINUING 
APPROPRIATION ACCOUNT. 

There is hereby created in the general fund a 
continuing appropriation account entitled "Pay- 
ment of Property Owners' Delinquencies for Refuse 
Collection Service." This account shall be cred- 
ited with such sums as may be appropriated by 
the Board of Supervisors, delinquencies collected 
by the Director of Public Health, assessments 
collected by the Tax Collector, and sums received 
in consideration of release of liens. Expenditures 
from said sums shall be made to Collectors for 
Owner delinquent accounts. In the event that 
the unexpended balance in said account shall 
exceed $160,000, such excess shall be trans- 
ferred to the unappropriated balance of the gen- 
eral fund. (Added by Ord. 47-83, App. 2/4/83) 

SEC. 291.15. MANNER OF GIVING 
NOTICES. 

Any notice required to be given hereunder by 
the City, the Director or any Collector to an 
Owner shall be sufficiently given or served upon 
the Owner for all purposes hereunder if person- 
ally served upon the Owner or if deposited, 
postage prepaid, in a post office letter box ad- 
dressed to the "Owner" at the official address of 
the Owner maintained by the Tax Collector of 
the City for the mailing of tax bills or, if no such 
address is available, to the Owner at the address 
of the dwelling. (Added by Ord. 47-83, App. 
2/4/83) 

SEC. 291.16. PENALTY. 

Notwithstanding the provisions of Section 
291.3 of this Article, any person who shall violate 
any of the provisions of Sections 291.1 or 291.2 of 
this Article shall be guilty of an infraction or a 
misdemeanor. If charged as an infraction, upon 
conviction thereof, said person shall be punished 
for the first offense by a fine of not less than $10 
nor more than $50; and for a second and each 
additional offense by a fine of not less than $20 
nor more than $100. 

If charged as a misdemeanor, upon conviction 
thereof, said person shall be punished by impris- 
onment in the County Jail not exceeding one 
year or a fine not exceeding $1,000. The compli- 



Sec. 291.16. 



San Francisco - Health Code 



198 



ant charging such violation shall specify whether 
the violation is a misdemeanor of infraction, 
which decision shall be solely that of the District 
Attorney. (Added by Ord. 47-83, App. 2/4/83) 

SEC. 291.17. SEVERABILITY. 

If any part or provision of Sections 291 through 
291.16 or application thereof, to any person or 
circumstance is held invalid, the remainder of 
the Section, including the application of such 
part or provision to other persons or circum- 
stances shall not be affected thereby and shall 
continue in full force and effect. To this end the 
provisions of the Sections are severable. (Added 
by Ord. 47-83, App. 2/4/83) 

SEC. 292. CHARACTER OF VEHICLES 
FOR REFUSE REMOVAL. 

All vehicles used by refuse collectors licensed 
by the Director of Public Health pursuant to that 
certain Ordinance No. 17.083, approved by the 
electors at the general election held on Novem- 
ber 8, 1932, as amended, for the purpose of 
collecting, disposing of, or transporting through 
the streets of the City and County of San Fran- 
cisco, any "refuse," as defined by Section 1 of said 
ordinance, shall be lined with zinc, sheet iron, or 
other metallic substance and shall be con- 
structed so as to prevent any liquid refuse sub- 
stance from escaping from such vehicles. The 
total outside width of such vehicles, or the loads 
thereon, may exceed the width limitation pre- 
scribed by Section 35100 of the Vehicle Code of 
the State of California; provided, however, that 
in no event shall the width of such vehicles 
exceed 107 inches, nor shall the width of any 
load thereon exceed 115 inches. Such vehicles 
shall also be provided with canvas covers, which 
shall be kept in a reasonably clean condition, and 
which shall at all times when said vehicles are 
passing along or standing upon any street or 
alley of this City (except when the owner or 
person having such vehicle in charge is in the act 
of securing a load of refuse to be emptied into 
said vehicle) be kept on such vehicles in such 
manner that the covers shall extend well down 
the sides and ends of the vehicles, and be se- 
curely fastened at the corners, sides and ends of 



the vehicles; provided, however, that when the 
vehicles are empty of refuse and are reasonably 
clean and free from noisome odors, the covers 
need not be kept on the vehicles in the manner 
above prescribed. 

Vehicles used for the transportation of swill 
shall be so constructed that the same shall be 
watertight, and that no leakage can escape from 
such vehicles, and such vehicles shall be pro- 
vided with a hinged metal or wood cover which 
can be tightly closed. All vehicles for the trans- 
portation of swill or garbage of any character 
shall be subject to the approval of the Director of 
Public Health before licenses for their operation 
are issued. (Amended by Ord. 257-61, App. 9/14/ 
61) 

SEC. 293. DEFINITIONS APPLICABLE 
TO SECTIONS 293—293.4. 

(a) "Recyclable materials" shall mean mate- 
rials segregated from refuse by the producer or 
user of such materials and placed for collection 
for subsequent reuse or use as raw materials for 
new products. Recyclable materials shall consist 
only of the materials designated by the Chief 
Administrative Officer for collection pursuant to 
the City's curbside recycling program. 

(b) "Placed for collection" shall mean the 
deposit of recyclable materials by the producer or 
user of such materials on public street or side- 
walk areas for collection and removal for recy- 
cling purposes. 

(c) "Person" shall mean any living human 
being, firm, partnership, association, corpora- 
tion, company, organization, or government en- 
tity. (Added by Ord. 106-90, App. 3/23/90) 

SEC. 293.1. VIOLATIONS. 

It shall be unlawful for any person other than 
an authorized City employee or the City's autho- 
rized curbside recycling program collectors to 
take, remove, move or otherwise appropriate the 
container in which recyclable materials are placed 
for collection and the matters contained therein. 
The City and its duly authorized collectors shall 
have the exclusive right to collect recyclable 



199 



Garbage and Refuse 



Sec. 307. 



materials placed for collection in public sidewalk 
and street areas. (Added by Ord. 106-90, App. 
3/23/90) 

SEC. 293.2. PENALTY. 

Any person who shall violate any of the 
provisions of Section 293.1 of this Article shall be 
guilty of an infraction or a misdemeanor. If 
charged as an infraction, upon conviction thereof, 
said person shall be punished for the first offense 
by a fine of not less than $20 nor more than $250; 
and for a second and each additional offense by a 
fine of not less than $100 nor more than $250. If 
charged as a misdemeanor, upon conviction 
thereof, said person shall be punished by impris- 
onment in the county jail not exceeding six 
months or a fine not exceeding $500, or both. 
(Added by Ord. 106-90, App. 3/23/90) 

SEC. 293.3. ENFORCEMENT. 

In addition to any peace officer, the following 
classes of employees of the City and County of 
San Francisco shall have the authority to enforce 
the provisions of Sections 293 to 293.2: 

Classification 

Number Class Title 



6120 
6122 
6124 
6126 
6127 
8280 



Environmental Health 

Inspector 
Senior Environmental 

Health Inspector 
Principal Environmental 

Health Inspector 
Director, Bureau of 

Environmental Health 
Assistant Director, Bureau 

of Environmental Health 
Environmental Control 

Officer 



(Added by Ord. 106-90, App. 3/23/90) 

SEC. 293.4. APPLICATION. 

The provisions of Sections 293 to 293.3 of this 
code prohibit the collection of recyclable materi- 
als from public sidewalk and street areas by any 
person other than authorized City employees or 
the City's authorized curbside recycling program 
collectors. The provisions of Sections 293 to 293.3 



do not limit or otherwise affect the disposal of 
refuse having commercial value by its producer 
in any lawful manner he or she may choose or 
the recycling of collected refuse by licensed refuse 
collectors. (Added by Ord. 106-90, App. 3/23/90) 

SEC. 294. SOLID WASTE TRANSFER 
STATION— PERMIT REQUIRED. 

It shall be unlawful for any person, firm or 
corporation to operate a Solid Waste Transfer 
Station within the City and County of San Fran- 
cisco without a permit issued and signed by the 
Director of Public Health. A Solid Waste Transfer 
Station is any facility defined as a transfer or 
processing station under Section 40200 of the 
California Public Resources Code, which defini- 
tion is incorporated by reference as if fully set 
forth herein. (Added by Ord. 206-93, App. 6/25/ 
93) 

SEC. 297. USE OF MANURE WAGONS. 

It shall be unlawful for any person, firm or 
corporation to transport or carry manure or 
stable refuse in any vehicle without a permit 
from the Director of Public Health certifying its 
approval of the construction of such vehicle, and 
specifying the manner in which such vehicle may 
be used. 

It shall be unlawful for any person to load 
manure or stable refuse upon any vehicle else- 
where than within the premises from which the 
same is to be removed, or to transport manure or 
stable refuse through the public streets in such 
manner as to permit the same to fall upon any 
street; or to unload or deposit manure or stable 
refuse from any vehicle anywhere within the 
City and County, without a permit from the 
Director of Public Health. 

All manure or stable refuse must be removed 
from the stable at least semi-weekly, and at all 
times shall such stable or other place, and every 
part and appurtenance thereof, be kept in a 
clean and sanitary condition. 

SEC. 307. REMOVAL OF WASTE FROM 
WHOLESALE VEGETABLE MARKETS. 

The rubbish, garbage and waste from all 
wholesale vegetable markets and from the side- 



Sec. 307. 



San Francisco - Health Code 



200 



walks and streets in front of said wholesale 
vegetable markets must be removed daily, be- 
tween the hours of 5:00 p.m. and 9:00 a.m. 

Cross reference: 

Refuse collection and disposal ordinance, see Sec. 
290 

SEC. 308. SALE ON SIDEWALK OR 
FROM STANDING VEHICLES 
PROHIBITED. 

It shall be unlawful for any person, firm, or 
corporation, engaged in the sale or barter of 
vegetables, to use any sidewalk in the City and 
County of San Francisco for the purpose of 
selling, storing, dealing in or bartering said 
vegetables, and it shall be unlawful for any such 
person, firm or corporation to keep or permit any 
vehicle standing alongside of said sidewalk, for 
the purpose of selling, storing, bartering or deal- 
ing in vegetables, or for the purpose of carrying 
on the business of selling, bartering or dealing in 
vegetables, and it shall be unlawful for any such 
person, firm or corporation to deal in, sell or 
barter any vegetables from any standing vehicle 
while in said street. 

Nothing in this Section, however, shall be 
interpreted to prevent a person owning or rent- 
ing a store or stall for the purpose of dealing in, 
selling or bartering vegetables, from using the 
sidewalk in front of the said store or stall for the 
purpose of transporting said vegetables from the 
said store or stall to any vehicle or from any 
vehicle to the said store or stall, or from storing 
the same on the sidewalk for the purpose of such 
transportation or from keeping any vehicle stand- 
ing in front of the said store or stall for the 
purpose of said transportation. 

SEC. 313. ROUTES OF GARBAGE 
COLLECTORS— COLLECTION PERMITS.* 

It shall be unlawful for any person, firm or 
corporation (whether such person, firm or corpo- 
ration is licensed to collect refuse or not, as 
provided in Sections 4 and 8 of that certain 
ordinance "No. 17.083, approved by the electors 
at the general election held on November 8, 
1932, providing for the collection and disposition 
of refuse in the City and County of San Fran- 



cisco; providing for the licensing of refuse collec- 
tors by the Director of Public Health; fixing the 
maximum rates or charges for the collection of 
refuse by licensed refuse collectors, from homes, 
apartment houses, stores, etc.; dividing the City 
and County of San Francisco into collection routes; 
providing for penalties for the violation of the 
provisions of said ordinance") to collect any refuse 
from any dwelling place, household, apartment 
house, store, office building, restaurant, hotel, 
institution or commercial establishment in the 
City and County of San Francisco or on any of 
the garbage routes into which said City and 
County, is divided (under and by virtue of the 
provisions of Section 4 of the aforesaid ordi- 
nance, approved by the electors at the general 
election held on November 8, 1932) without first 
having obtained from the Director of Public 
Health a permit so to do in the manner and on 
the terms and conditions specified in Section 4 of 
the aforesaid ordinance approved by the electors 
at the general election held on November 8, 
1932. 

Any permit applied for by any person, firm or 
corporation and issued by the Director of Public 
Health under the provisions of the aforesaid 
ordinance approved by the electors at the gen- 
eral election held on November 8, 1932, shall be 
for a certain route or certain routes as said route 
or routes are defined, designated and delineated 
by Section 4 of said ordinance approved by the 
electors at the general election held on Novem- 
ber 8, 1932, and shall constitute permission to 
collect refuse only on the route or routes desig- 
nated in said permit. 

It shall be unlawful for any person, firm or 
corporation holding a permit from the Director of 
Public Health (under the provisions of Section 4 
of the aforesaid ordinance adopted by the elec- 
tors at the general election on November 8, 1932) 
to collect garbage or to attempt to collect refuse 
from any dwelling place, household, apartment 
house, store, office building, restaurant, hotel, 
institution or commercial establishment, situ- 
ated on any other route or routes than the route 
or routes for which such permit is issued. 

The term "refuse" as used in this Section 
shall be taken to mean all waste and discarded 



201 Garbage and Refuse Sec. 313. 



materials as defined by Section 1 of the aforesaid 
ordinance adopted by the electors at the general 
election held November 8, 1932. 
Cross reference: 

Refuse collection and disposal ordinance, see Sec. 
290 



Sec. 313. San Francisco - Health Code 202 



[The next page is 231] 



ARTICLE 7: LAUNDRIES 



Sec. 348. Spraying of Clothes by Certain 

Methods Prohibited. 
Sec. 349. Penalty. 

Sec. 354. Establishment and Maintenance 

of Public Laundries. 
Sec. 355. Changes or Replacements of 

Machinery or Equipment. 
Sec. 359. Handling of Clothes. 

Sec. 360. Automatic Laundries, 

Definition. 

SEC. 348. SPRAYING OF CLOTHES BY 
CERTAIN METHODS PROHIBITED. 

It shall be unlawful for any person or per- 
sons, owning or employed in any laundry in the 
City and County of San Francisco, to spray the 
clothing of any person or persons with water 
emitted from the mouth of said owner or em- 
ployee. 

SEC. 349. PENALTY. 

Any person violating any of the provisions of 
Section 348 of this Article shall be deemed guilty 
of a misdemeanor, and, upon conviction thereof, 
shall be punished by a fine not exceeding $50, or 
by imprisonment in the County Jail for not more 
than one month, or by both such fine and impris- 
onment. 

SEC. 354. ESTABLISHMENT AND 
MAINTENANCE OF PUBLIC LAUNDRIES. 

It shall be unlawful for any person, firm, 
corporation or association of persons to estab- 
lish, maintain, operate or carry on the business 
of a public laundry or washhouse, where clothes 
or other articles are cleansed, ironed, washed, 
starched, marked or sorted for hire or profit, 
including automatic laundries as defined in Sec- 
tion 360 of this Code, in any building or premises 
within the limits of the City and County of San 
Francisco, without having first obtained a per- 
mit therefor from the Director of Public Health, 



which said permit shall specify the name of the 
permittee and the location of the premises used 
or to be used as such laundry or washhouse. 

(a) Permit Conditions. No permit shall be 
granted except upon satisfactory evidence that 
the premises are properly and sufficiently drained, 
and that all proper arrangements for carrying on 
the business without injury to the sanitary con- 
dition of the neighborhood have been complied 
with, and particularly that the provisions of all 
ordinance pertaining thereto have been complied 
with and upon a report from the Chief of the 
Division of Fire Prevention and Investigation of 
the City and County of San Francisco, or other 
satisfactory evidence that the stoves, chimneys, 
machinery, equipment, washing and drying ap- 
paratus and the appliances for heating smoothing- 
irons are adequate and in good condition, and 
that their use is not dangerous to the surround- 
ing property from fire, and that all proper pre- 
cautions have been taken to comply with the 
provisions of the ordinance defining the fire 
limits of the City and County of San Francisco 
and regulating the erection and use of buildings 
in said city and county, and of all ordinances 
pertaining thereto. 

It shall be the duty of the Director of Public 
Health and of the Chief of the Division of Fire 
Prevention and Investigation, respectively, upon 
request of any applicant for a permit hereunder 
to inspect the premises on which it is proposed to 
establish, maintain, operate or carry on said 
business, or in which said business is being 
maintained, operated or carried on with a view 
to ascertaining the existence or nonexistence of 
the conditions and matters set forth in this 
Section. 

(b) Revocation of Permits, etc. The Di- 
rector of Public Health shall not grant, refuse or 
revoke any permit hereunder except after a full 
hearing, publicly had, at which the applicant or 
permittee may appear in person and by counsel 
and introduce evidence; and in the granting, 



231 



Sec. 354. 



San Francisco - Health Code 



232 



refusal or revocation of permits said Director of 
Public Health shall exercise a sound and reason- 
able discretion. 

Permits issued hereunder are not transfer- 
able. 

Any permit granted hereunder shall be revo- 
cable by the Director of Public Health for any 
violation of the provisions of any ordinances of 
the City and County of San Francisco, in the 
conduct of such laundry or washhouse. 

(c) Persons Afflicted with Contagious 
Diseases. No person, firm, corporation or asso- 
ciation of persons maintaining, operating or car- 
rying on the business of a public laundry or 
washhouse or automatic laundry, as defined in 
Section 360 hereof, within the limits of the City 
and County of San Francisco, shall permit any 
person suffering from any infectious or conta- 
gious disease to lodge, sleep or remain within or 
upon the premises used by him, her, it or them, 
for the purpose of such laundry or washhouse. 

It shall be unlawful for any person, firm, 
corporation or association of persons to estab- 
lish, maintain, operate or carry on a public 
laundry or washhouse, or automatic laundry as 
defined in Section 360 hereof, within the City 
and County of San Francisco in any building or 
any portion thereof, or in any annex or outhouse 
thereto or other premises that is frequented by 
persons likely to spread infectious, contagious or 
loathsome diseases or that is occupied or used or 
frequented directly or indirectly for any immoral 
or unlawful purpose, or that is occupied or used 
as a public hall or store unless there is a com- 
plete wall separation between said hall or store 
and said laundry, washhouse, or automatic laun- 
dry and the latter has its own separate entrance 
from the street. 

(d) Lettering on Laundry Vehicles. It 

shall be unlawful for any person, firm or corpo- 
ration either as owner, agent or employee of any 
public laundry or public washhouse, where clothes 
or other articles are cleansed for hire, or for any 
owner or operator of any independently owned 
laundry route, to operate or to cause to be 
operated any vehicle for the purpose of receiving 
clothes or other articles to be cleansed or for the 



purpose of delivering any clothes or other ar- 
ticles which have been cleansed, unless such 
vehicle shall carry in letters at least four inches 
high, painted on both sides, the name of the 
laundry where said clothes or other articles have 
been or are to be cleansed. 

(e) Exception. The provisions of this Sec- 
tion shall not apply to hotels, or hospitals main- 
taining or operating laundries exclusively for the 
convenience, service or accommodation of the 
respective guests, patients or employees. 

(f) Violation. It shall be unlawful for any 
owner, lessee, occupant, or person in charge or 
control of any building or premises within the 
limits of the City and County of San Francisco or 
for the president, manager, superintendent or 
other managing officer of any firm, corporation 
or association to cause or to permit the business 
of public laundry or public washhouse, or auto- 
matic laundry as defined in Section 360 hereof, 
to be established, maintained, operated or car- 
ried on in any building or premises within the 
City and County of San Francisco in violation or 
in disregard of the provisions of this Article. 

SEC. 355. CHANGES OR 
REPLACEMENTS OF MACHINERY OR 
EQUIPMENT. 

No permittee may change or replace existing 
machinery or equipment or install additional 
machinery or equipment in any building or pre- 
mises for which a permit has been previously 
issued under the provisions of Section 354 of this 
Article without first having obtained a certificate 
of approval therefor from the Director of Public 
Health. No certificate of approval shall be granted 
except upon satisfactory evidence that such 
change, replacement or installation is in compli- 
ance with the conditions and requirements set 
forth in subdivision (a) of Section 354 for the 
original issuance of a permit for the laundry 
operation. (Amended by Ord. 257-59, App. 5/14/ 
59) 

SEC. 359. HANDLING OF CLOTHES. 

It shall be unlawful for any person, firm or 
corporation to maintain any device for receiving 
soiled clothing for the purpose of being laun- 



233 



Laundries 



Sec. 360. 



dered, or to conduct any office or place for the 
collection of soiled clothing for laundering pur- 
poses, or for the distribution of clothing after 
laundering, within any building, room, apart- 
ment, dwelling, basement or cellar where food 
stuffs are sold, offered for sale, prepared, pro- 
duced, manufactured, packed, stored, or other- 
wise disposed of; or in any premises wherein the 
business of secondhand or misfit clothing, hat or 
clothing renovating, cleaning and dyeing and 
repairing of shoes is conducted. 



(d) Penalty. Any person violating any of 
the provisions of this Section 360 shall be deemed 
guilty of a misdemeanor, and upon conviction 
thereof, shall be punished by a fine not to exceed 
$200, or by imprisonment in the County Jail for 
not more than one month, or by such fine and 
imprisonment. (Amended by Ord. 331-75; App. 
7/16/75) 



SEC. 360. AUTOMATIC LAUNDRIES, 
DEFINITION. 

Any automatic laundry is defined to be any 
place where two or more self-service type auto- 
matic washing machines are installed, each pow- 
ered by electric motors; where one or more gas- 
fired or electric heated drying machines are 
installed; where one or more extractor machines 
are installed; and where a fee is charged for the 
individual use of such washing machines and 
drying machines or either of them. 

(a) Solicitation of Business, Collection 
of Laundry. It shall be unlawful for the owner, 
operator or there agent to solicit or collect cloth- 
ing to be laundered from the customer outside 
the premises. 

(b) Operation, Removal of Clothes by 
Operators. Nothing in this Section shall be 
construed to prevent the operator of an auto- 
matic laundry, as defined herein, from operating 
and controlling the mechanical operations of the 
equipment in such automatic laundry, or from 
removing clothes from the washing machines 
after the washing operation has been completed, 
or from placing such cleansed clothes in and 
removing them from an extractor or drying ma- 
chine. 

(c) Maintenance of Machines. It shall be 
the duty of the owner, operator, or their agent of 
the automatic laundry, to post in a conspicuous 
manner, the name, address and telephone num- 
ber of the person or entity responsible for the 
servicing of defective machinery in the auto- 
matic laundry. For purposes of this Section, a 
post office box number constitutes an address. 



Sec. 360. San Francisco - Health Code 234 



[The next page is 245] 



ARTICLE 8: FOOD AND FOOD PRODUCTS 



Sec. 385. Gathering, Sale, Etc., of 

Watercress Grown Near Sewer 

Outlets. 
Sec. 390. Manufacture, Etc., of Dangerous 

Food Adulterants. 
Sec. 391. Penalty. 

Sec. 396. Furnishing of Samples of Food 

Preservatives to Department. 
Sec. 397. Penalty. 

Sec. 402. Use of Paraffin in Preparation 

of Rice. 
Sec. 407. Conveyance of Bread, Etc., 

Through Public Streets. 
Sec. 412. Wire Screens, Etc., in Places 

Where Food is Sold. 
Sec. 417. Crabs, Shellfish, Etc.— 

Conditions, Preparations, Etc. 
Sec. 422. Vegetable Culture — Watering 

and Growing Agents. 
Sec. 423. Penalty. 

Sec. 428. Manufacture, Etc., of Food and 

Liquor. 
Sec. 429. Penalty. 

Sec. 434. Receipt and Delivery of Bread, 

Etc., at Bakeries, Stores, Etc. 
Sec. 435. Character of Receptacles. 

Sec. 440. Food Product and Marketing 

Establishments. 
Sec. 440.1. Inspection Before Issuance of 

Permit. 
Sec. 440.2. Permit Procedures. 
Sec. 440.3. Prohibition. 
Sec. 440.4. Sanitation of Premises. 
Sec. 440.5. Toilet and Handwashing 

Facilities to be Provided. 
Sec. 440.6. Authority to Make Rules, Etc. 
Sec. 441. Penalties and Enforcement. 

Sec. 446. Sale of Bread For Other Than 

Human Consumption. 



Sec. 


451. 


Sec. 


452. 


Sec. 


453. 


Sec. 


454. 


Sec. 


455. 


Sec. 


456. 


Sec. 


456.1 


Sec. 


456.2 


Sec. 


456.3 


Sec. 


456.4 


Sec. 


456.5 


Sec. 


456.6. 



Sec. 460. 



Sec. 461. 

Sec. 462. 

Sec. 463. 

Sec. 464. 

Sec. 465. 

Sec. 466. 

Sec. 467. 



Food Preparation and Service 

Establishment. 

Applications for Permits; 

Denials; Appeals; Temporary 

Permits. 

Diseased Employees. 

Regulations. 

Penalty. 

Food Preparation and Service 

Establishment Disclosures. 

Posting Requirements — Penalty 

for Noncompliance — Documents 

Available for Public Review. 

Symbol and Inspection Score 

Card — Period of Validity. 

Public Health Permit 

Suspension or Revocation — 

Notice of Closure. 

Penalties. 

Board Review — Hearing. 

Enforcement of Safe Drinking 

Water and Toxic Enforcement 

Act of 1986 and its 

Implementing Regulations; 

Requirement that Warnings Be 

Provided in English, Spanish, 

and Chinese. 

Establishments Serving 

Alcoholic Beverages and Food 

and Furnishing Entertainment 

Defined. 

Permits. 

Application — Investigation, Etc. 

Application, Existing 

Establishments. 

Grounds for Permit 

Revocations — Procedure . 

Discretion of Officers, Etc. 

Other Laws, Rules and 

Regulations. 

Food Vending Machines. 



245 



Supp. No. 15, March 2008 



San Francisco - Health Code 



246 



Sec. 468. 

Sec. 468.1. 

Sec. 468.2. 

Sec. 468.3. 

Sec. 468.4. 



Sec. 468.5. 

Sec. 468.6. 

Sec. 468.7. 

Sec. 468.8. 
Sees. 469- 

Sec. 470.1. 

Sec. 470.2. 



Purpose. 
Findings. 
Definitions. 

Menu Labeling Required at 
Chain Restaurants. 
Nutrition Information Required 
to be Disclosed on Disclosure 
Media Other Than Menus, 
Menu Boards and Food Tags. 
Reporting Requirements. 
Penalties and Enforcement. 
Severability. 
Operative Date. 
-469.10. Reserved. 

Establishment and Membership 
of Food Security Task Force. 
Sunset Provisions. 



SEC. 385. GATHERING, SALE, ETC., OF 
WATERCRESS GROWN NEAR SEWER 
OUTLETS. 

No person shall gather, or sell, or offer for 
sale, or keep for sale, or give, or distribute, or 
otherwise dispose of any watercress, or any other 
edible herb or vegetable which has been, or is, or 
may be, growing within 1,000 feet of any sewer 
outlet, or any cesspool or any other place where 
stagnant water, or seepage, or other drainage, or 
any offensive matter, or any matter dangerous to 
health has, or may be accumulated. 

SEC. 390. MANUFACTURE, ETC., OF 
DANGEROUS FOOD ADULTERANTS. 

No person, firm or corporation shall manu- 
facture, sell, expose for sale, give away, distrib- 
ute or deliver or have in their possession, with 
intent to sell, expose for sale, give away, distrib- 
ute or deliver, or cause to sell, expose for sale, 
give away, distribute or deliver any baneful or 
injurious substance intended to be used in the 
preservation of any article of food or drink for 
human consumption. 

SEC. 391. PENALTY. 

Any person, company or corporation violat- 
ing any of the provisions of Section 390 of this 



Article shall be deemed guilty of a misdemeanor, 
and upon conviction thereof, shall be fined a sum 
not exceeding $100, nor less than $25, or by 
imprisonment in the County Jail for a term not 
exceeding 100 days, nor less than 30 days, or by 
both such fine and imprisonment. 

SEC. 396. FURNISHING OF SAMPLES 
OF FOOD PRESERVATIVES TO 
DEPARTMENT. 

Every person, firm or corporation who shall 
manufacture, sell, expose for sale, give away, 
distribute, deliver or have in their possession, 
with intent to sell, expose for sale, give away, 
distribute or deliver, any mixture, compound or 
other substance intended to used in the preser- 
vation of any article of food or drink for human 
consumption is hereby required to furnish to the 
Department of Public Health on its demand a 
sample of said mixture, compound or other sub- 
stance intended to be used in the preservation of 
any article of food or drink for human consump- 
tion. 

SEC. 397. PENALTY. 

Any person, company or corporation violat- 
ing any of the provisions of Section 396 of this 
Article shall be deemed guilty of a misdemeanor, 
and upon conviction thereof, shall be fined a sum 



Supp. No. 15, March 2008 



247 



Food and Food Products 



Sec. 412. 



not exceeding $100, nor less than $25, or by 
imprisonment in the County Jail for a term not 
exceeding 100 days, nor less than 30 days, or by 
both such fine and imprisonment. 

SEC. 402. USE OF PARAFFIN IN 
PREPARATION OF RICE. 

It shall be unlawful for any person, firm or 
corporation to use, or cause to be used, any oil, 
paraffin or other similar substance in the process 
of cleaning or preparing rice for market. 

SEC. 407. CONVEYANCE OF BREAD, 
ETC., THROUGH PUBLIC STREETS. 

It shall be unlawful for any person, company 
or corporation to carry, transport or convey, or to 
cause to be carried, transported or conveyed 
through the public streets in open baskets or 
exposed containers, or vehicles or otherwise, any 
bread, cakes or pastry intended for human con- 
sumption. 

SEC. 412. WIRE SCREENS, ETC., IN 
PLACES WHERE FOOD IS SOLD. 

It shall be unlawful for any person, firm, 
association or corporation, engaged in maintain- 
ing, conducting, carrying on or managing a res- 
taurant place, kitchen, meat market, fruit store, 
vegetable store, delicatessen store, bakery store, 
street vendor's store, or any other place in which 
or where food is prepared, sold or disposed of for 
human consumption, to maintain, conduct, carry 
on or manage said place or store, except in the 
manner provided for in this Section. 

It shall be unlawful for any person, firm, 
association or corporation to maintain, conduct, 
carry on or manage a restaurant place or kitchen 
where foodstuffs are cooked, prepared, sold or 
disposed of for human consumption, unless the 
doors, windows, apertures or other openings to 
the premises or place where said restaurant or 
kitchen is conducted, maintained, carried on or 
managed are effectively enclosed with finely wo- 
ven wire mesh screens. 

It shall be unlawful for any person, firm, 
association or corporation, between the hours of 
9:00 a.m. and 6:00 p.m., to maintain, conduct, 
carry on or manage a meat market, fruit store, 



vegetable store, poultry store, delicatessen store 
or bakery store where food is offered for sale or 
disposed of for human consumption, unless all 
doors, windows, apertures and other openings to 
the premises or place where the business above 
mentioned is conducted, carried on, maintained 
or managed are tightly enclosed with finely wo- 
ven wire mesh screens; and, furthermore, unless 
the food which is offered for sale or disposed of is 
kept within the doors of the store or place where 
said business is maintained, conducted, carried 
on or managed. 

Provided, however, that this Section shall not 
apply to those who sell or offer for sale fruit 
solely in original, covered or unbroken packages. 

It shall be unlawful for any person, firm, 
association or corporation to maintain, conduct, 
carry on or manage a street stand, whether 
stationary or movable, where is exposed for sale 
any food, candy or other edibles for human 
consumption, whether consumed at said stand or 
elsewhere, unless the said stand is furnished 
with tight glass cases, so as to protect said food, 
candy or other edibles from exposure to dirt, 
dust, flies or other insects. 

Provided that this Section shall not apply to 
fruit or vegetables exposed for sale in street 
stands, stationary or movable. 

It shall be unlawful for any person, firm, 
association or corporation to maintain, conduct, 
carry on or manage a street stand, whether 
stationary or movable, where is exposed for sale 
any fruit or vegetables, whether consumed at the 
said stand or elsewhere, unless the said stand is 
furnished, so as to protect said fruit and veg- 
etables, with tight glass cases or finely woven 
wire mesh screens, mosquito netting, or other 
dirt, dust and fly proof covering, so placed over 
and about said fruit or vegetables as not to touch 
the same at any point. 

Nothing contained in this Section shall re- 
quire those selling or offering for sale bananas, 
pineapples, oranges, limes, lemons, or other cit- 
rus fruits, or fruits or vegetables whose rind or 
skin must be removed before eating, to enclose 
said fruits or vegetables with any covering or to 



Sec. 412. 



San Francisco - Health Code 



248 



keep the same within the doors of the store or 
place where the same may be sold or offered for 
sale. 

SEC. 417. CRABS, SHELLFISH, ETC.— 
CONDITIONS, PREPARATIONS, ETC. 

It shall be unlawful to send, bring or cause to 
be sent or brought into the City and County of 
San Francisco any live crabs, crawfish or other 
shellfish unless the same be in good healthy 
condition. 

It shall be unlawful to prepare for food for 
human consumption any crabs, crawfish or other 
shellfish which are not at the time of preparation 
alive or in good wholesome condition, or to sell, 
expose or offer for sale or have possession of the 
same. 

It shall be unlawful to send, bring or cause to 
be brought into the City and County of San 
Francisco any cooked crabs, crawfish or other 
shellfish, unless the same shall have been cooked 
for a period of not less than 40 minutes in boiling 
water at the time of preparation, and properly 
packed in ice while in transit to this City. 

SEC. 422. VEGETABLE CULTURE- 
WATERING AND GROWING AGENTS. 

It shall be unlawful for any person, firm or 
corporation to use human discharges or excre- 
ment, or any water containing any human dis- 
charges or excrement, or the waters of any well, 
spring, pond or creek, which receives the dis- 
charges of any sewer or drain, or which by any 
means whatever has become polluted with sew- 
age discharges, for the purpose of irrigating or 
sprinkling vegetables used for human consump- 
tion. 

It shall be unlawful for any person, firm or 
corporation to bring into the City and County of 
San Francisco, or to produce, sell, offer for sale or 
have in his or their possession for sale for human 
consumption in the City and County of San 
Francisco, without first obtaining a license from 
the Department of Public Health, to produce, 
sell, or offer for sale, vegetables for human 
consumption; and further they shall also be 
required to have a certificate by the Department 



of Public Health that said vegetables are pro- 
duced in a manner that does not violate any of 
the provisions of this Section, and that the same 
are being handled and transported in wagons 
and containers satisfactory to the Department of 
Public Health, and said wagons and containers 
shall bear the legend "Inspected by the Depart- 
ment of Public Health, San Francisco, Califor- 
nia," before a license for their operation is issued. 

SEC. 423. PENALTY. 

Any person, firm or corporation who shall 
violate any of the provisions of Section 422 of this 
Article shall be deemed guilty of a misdemeanor, 
and upon conviction thereof shall be punished by 
a fine not less than $25 and not more than $500 
or by imprisonment in the County Jail not ex- 
ceeding six months, or by both such fine and 
imprisonment. 

SEC. 428. MANUFACTURE, ETC., OF 
FOOD AND LIQUOR. 

The manufacture, production, preparation, 
compounding, packing, selling, offering for sale 
or keeping for sale within the City and County of 
San Francisco, or the introduction into this City 
from any other County, state, territory or the 
District of Columbia, or from any foreign coun- 
try, of any article of food or liquor which is 
adulterated, mislabeled or misbranded within 
the meaning of this Section, is hereby prohibited. 
Any person, firm, company or corporation who 
shall import or receive from any other County, 
state or territory, or the District of Columbia, or 
from any foreign country, or who having so 
received shall deliver for pay or otherwise, or 
offer to deliver to deliver to any other person, any 
article of food or liquor adulterated, mislabeled 
or misbranded within the meaning of this Sec- 
tion, or any person who shall manufacture or 
produce, prepare or compound, or pack or sell, or 
offer for sale, or keep for sale in the City and 
County of San Francisco, any such adulterated, 
misbranded food or liquor shall be guilty of a 
misdemeanor; provided, that no article of food 
shall be deemed adulterated, mislabeled or mis- 
branded within the provisions of this Section, 
when prepared for export beyond the jurisdiction 



249 



Food and Food Products 



Sec. 428. 



of the United States and prepared or packed 
according to the specifications or directions of 
the foreign purchaser, when no substance is used 
in the preparation or packing thereof in conflict 
with the laws of the foreign country to which said 
article is intended to be shipped; but if such food 
shall be in fact sold, or kept or offered for sale for 
domestic uses and consumption, then this pro- 
viso shall not exempt said article from the opera- 
tion of any provision of this Section. 

(a) Definition. The term food as used in 
this Section shall include all articles used for 
food, drink, liquor, confectionery or condiment by 
man or other animals, whether simple, mixed or 
compound. 

(b) Standard of Purity. The standard of 
purity of food and liquor shall be that proclaimed 
by the Secretary of the United States Depart- 
ment of Agriculture, where standards are not 
fixed by ordinance of the City and County of San 
Francisco. 

(c) Adulteration. Food shall be deemed 
adulterated within the meaning of this act in any 
of the following cases: 

(1) If any substance has been mixed or 
packed, or mixed and packed with the food so as 
to reduce or lower or injuriously affect its quality, 
purity, strength or food value; 

(2) If any substance has been substituted 
wholly or in part for the article of food; 

(3) If any essential or any valuable constitu- 
ent or ingredient of the article of food has been 
wholly or in part abstracted; 

(4) If the package containing it or its label 
shall bear in any manner any statement, design 
or device whereby damage or inferiority is con- 
cealed; 

(5) If it contains any added poisonous or 
other added deleterious ingredient; 

(6) If it consists in whole or in part of a 
filthy, decomposed or putrid animal or vegetable 
substance, or any portion of an animal or veg- 
etable unfit for food, whether manufactured or 
not, or if it is the product of a deceased animal, or 
one that has died otherwise than by slaughter; 
provided that an article of liquor shall not be 
deemed adulterated, mislabeled or misbranded 



if it be blended or mixed with like substance so 
as not to injuriously lower or injuriously reduce 
or injuriously affect its quality, purity or strength; 

(7) In the case of confectionery, if it contains 
terra alba, barytes, talc, chrome yellow, or other 
mineral substance or poisonous color or flavor, or 
other ingredient deleterious or detrimental to 
health, or any vinous, malt or spirituous liquor 
or compound or narcotic drug; 

(8) In the case of vinegar, if it be artificially 
colored; 

(9) If it does not conform to the standard of 
purity therefor as proclaimed by the Secretary of 
the United States Department of Agriculture, 
when not fixed by ordinance of the City and 
County of San Francisco. 

(d) Misbranding. The term "misbranded" 
as used herein shall apply to all articles of food, 
or articles which enter into the composition of 
food, the package or label of which shall bear any 
statement, design, or device regarding such ar- 
ticle, or the ingredients or substances contained 
therein which shall be false or misleading in any 
particular, and to any food product which is 
falsely branded as to the county, city and county, 
city, town, state, territory, District of Columbia 
or foreign country in which it is manufactured or 
produced. 

Food and liquor shall be deemed mislabeled 
or misbranded within the meaning of this Sec- 
tion in any of the following cases: 

(1) If it be an imitation of or offered for sale 
under the distinctive name of another article of 
food; 

(2) If it be labeled or branded or colored so 
as to deceive or mislead, or tend to deceive or 
mislead the purchaser, or if it be falsely labeled 
in any respect, or if it purport to be a foreign 
product tending to mislead the purchaser, or 
purport to be a foreign product when not so, or if 
the contents of the package as originally put up 
shall have been removed in whole or in part and 
other contents shall have been placed in such 
package; 



Sec. 428. 



San Francisco - Health Code 



250 



(3) If in package form, and the contents are 
stated in terms of weight measure, they are not 
plainly and correctly stated on the outside of the 
package; 

(4) If the package containing it or its label 
shall bear any statement, design or device re- 
garding the ingredients or the substance con- 
tained therein, which statement, design or de- 
vice shall be false or misleading in any particular; 

(5) When any package bears the name of 
the manufacturer, jobber or seller, or the grade 
or class of the product, it must bear the name of 
the real manufacturer, jobber or seller, and the 
true grade or class of the product, the same to be 
expressed in clear and distinct English words in 
legible type; provided that an article of food shall 
not be deemed misbranded if it be a well-known 
product of a nature, quality and appearance and 
so exposed to public inspection as not to deceive 
or mislead nor tend to deceive or mislead a 
purchaser, and not misbranded and not of the 
character included within the definitions, first to 
fourth of this subsection; 

(6) If, having no label, it is an imitation or 
adulteration, or is sold or offered for sale under 
the name, designation, description or represen- 
tation which is false or misleading in any par- 
ticular whatever; and in case of eggs and poultry, 
if they have been kept or packed in cold storage, 
or otherwise preserved, they must be so indi- 
cated by written or printed label or placard 
plainly designating such fact when offered or 
exposed for sale. 

(e) Package Defined. The term "package" 
as used in this Section shall be construed to 
include any phial, bottle, jar, demijohn, carton, 
bag, case, can, box or barrel, or any receptacle, 
vessel or container of whatsoever material or 
nature which may be used by a manufacturer, 
producer, jobber, packer or dealer for enclosing 
any article of food. 

(f) Evidence of Violation. The possession 
of any adulterated, mislabeled, or misbranded 
article of food or liquor by any manufacturer, 
producer, jobber, packer or dealer in food, or 
broker, commission merchant, agent, employee 



or servant of any such manufacturer, producer, 
jobber, packer or dealer, shall be prima facie 
evidence of the violation of this Section. 

(g) Rights to Samples. The Department of 
Public Health and all its officers, agents and 
employees shall have the right at any time to 
obtain by purchase a sample of food from any 
person, persons or concern selling or exposing for 
sale or exchanging in the City and County of San 
Francisco, such sample to be taken and sealed in 
full view and in the presence of the person from 
whom said sample is taken, and shall then and 
there furnish to the person from whom such 
sample is taken approximately one-half such 
sample sealed, and shall deliver to the said 
Department of Public Health immediately the 
sample so taken, properly sealed. 

(h) Exemption from Prosecution. No 

dealer shall be prosecuted under the provisions 
of this Section when he can establish a guaranty 
signed by the wholesaler, jobber, manufacturer 
or other party residing in the United States from 
whom he purchased such an article to the effect 
that the same is not adulterated, mislabeled or 
misbranded within the meaning of this Section, 
designating it. Said guaranty to afford protec- 
tion, must contain the name and address of the 
party or parties making the sales of such article 
to said dealer, and an itemized statement show- 
ing the article purchased; or a general guaranty 
may be filed with the Secretary of the United 
States Department of Agriculture by the manu- 
facturer, wholesaler, jobber or other party in the 
United States and be given a serial number, 
which number shall appear on each and every 
package of goods sold under such guaranty, with 
the words, "Guaranteed under the food and drugs 
act, June 30, 1906". In case the wholesaler, 
jobber, manufacturer or other party making such 
guaranty to said dealer resides within this state, 
and it appears from the report of the City Chem- 
ist that such article or articles were adulterated, 
mislabeled or misbranded within the meaning of 
this Section, or the National Pure Food Act, 
approved June 30th, 1906, the District Attorney 
must forthwith notify the Attorney General of 
the United States of such violation. 



251 



Food and Food Products 



Sec. 440. 



SEC. 429. PENALTY. 

Any person, firm, company or corporation 
violating any of the provisions of Section 428 of 
this Article shall be deemed guilty of a misde- 
meanor and upon conviction shall be punished 
by a fine of not less than $25 nor more than $500 
or shall be imprisoned in the County Jail for a 
term not exceeding six months, or by both such 
fine and imprisonment. Food found to be adul- 
terated, mislabeled or misbranded within the 
meaning of Section 428 may be seized and de- 
stroyed. 

SEC. 434. RECEIPT AND DELIVERY OF 
BREAD, ETC., AT BAKERIES, STORES, 
ETC. 

It shall be unlawful for any person, firm or 
corporation to conduct and maintain, or carry on, 
or cause to be conducted, maintained or carried 
on, any bakery, store, shop or stand where there 
is to be received or delivered bread or other 
bakery products, unless the said bakery, store, 
shop or stand be provided with proper recep- 
tacles for bread, or other bakery products, as in 
Section 435 of this Article provided. 

Every bakery, store, shop or stand where 
bread or other bakery products of any kind are 
received or delivered shall be provided with a 
wooden receptacle for the reception and protec- 
tion of bread or other bakery products, and into 
which all bread or other bakery products shall be 
placed when delivered as herein provided. 

SEC. 435. CHARACTER OF 
RECEPTACLES. 

(a) The said receptacle for the reception of 
bread or other bakery products as aforesaid, 
shall be constructed of clear pine board, dressed 
on both sides, and shall have not less than two 
coats of paint on the outside. The outside must 
present a smooth surface, with no bottom or side 
mouldings thereon. The receptacle shall be fur- 
nished with four bent iron legs, each two inches 
in height, fastened to two cleats which shall 
extend across the bottom of the receptacle, one 
inch from the ends of the receptacle, and the 
ends of said cleats shall extend to within one 
inch from the side thereof. The inside corners 



shall be filled and reinforced with right angle 
pine uprights with smooth surfaces to exclude 
dust accumulating in the corners of receptacle. 

(b) There shall be no aperture, nor openings 
in said receptacle, and the top thereof shall be 
placed in a position slanting toward the front 
and shall extend one inch over the sides and 
front of said receptacle, and shall be used as a 
cover therefor, and shall be attached thereto 
with two hinges at the top and back, and be 
furnished with appliances for locking the cover 
on receptacle at the front. 

(c) The minimum size of such receptacle 
shall be 20 inches in length, 15 inches in width, 
and 18 inches in height, exclusive of legs, and of 
whatever size said receptacle shall be built, it 
shall, in the main adhere to the proportions in 
the minimum size as hereinbefore set forth. 

Such receptacle as aforesaid shall be placed 
and kept in a convenient place for the reception 
and delivering of bread or other bakery products 
outside any bakery, store, shop or stand as afore- 
said at any time, and at all times, when the said 
bakery, store, shop or stand is closed between the 
hours of 6:00 in the afternoon of any day and 8:00 
in the forenoon of the following day, the said 
receptacle shall be taken into and kept inside 
said bakery, store, shop or stand at and during 
all times when bread or other bakery products 
may be delivered to and into said bakery, store, 
shop or stand. 

SEC. 440. FOOD PRODUCT AND 
MARKETING ESTABLISHMENT. 

(a) Food Product and Marketing Establish- 
ment means any room, building, cart or vehicle, 
except those peddler wagons used for peddling as 
defined in Articles 13, 17.2 and 17.3 of Part II, 
Chapter VIII of the San Francisco Municipal 
Code, or place or portion thereof, maintained, 
used or operated for the purpose of commercially 
storing, selling, vending, packaging, making, cook- 
ing, mixing, processing, bottling, canning, pack- 
ing, slaughtering, or otherwise preparing or han- 
dling food, except Food Preparation and Service 
Establishments as defined in Section 451 and 
Food Product and Marketing delivery vehicles. 



Sec. 440. 



San Francisco - Health Code 



252 



(b) Food, as used in this Section, includes 
all articles used for food, drink, confectionery, or 
condiment, whether simple or compound, includ- 
ing perishable foods, such as fruits, vegetables, 
fish, meat, poultry, eggs, and bakery goods, 
whether sold after processing or sold in a fresh or 
frozen form. Food as used in this Section, shall 
not include whole pumpkins sold during the 
month of October for purely decorative purposes, 
which are not intended for human consumption, 
and which are clearly marked as being sold only 
for such limited purposes. 

(c) "Bakery" is included within this Section 
and means any room, building, premises, or 
place which is used or operated for commercial 
baking, manufacturing, preparing, processing, 
retail selling, or packaging of bakery products. It 
includes all rooms of a bakery in which bakery 
products or ingredients are stored or handled. It 
does not, however, include any Food Preparation 
and Service Establishment as defined in Section 
451. 

(d) It shall be unlawful for any person, 
persons, firm or corporation to maintain or oper- 
ate within any room, building, vehicle or place or 
portion thereof a Food Product and Marketing 
Establishment within the City and County of 
San Francisco, without having first obtained a 
permit issued and signed by the Director of 
Public Health of said City and County to do so. 

Said permit when issued shall be kept dis- 
played in a prominent place on the premises of 
the establishment, vehicle or cart for which or 
whom it is issued. (Amended by Ord. 492-84, 
App. 12/13/84) 

SEC. 440.1. INSPECTION BEFORE 
ISSUANCE OF PERMIT. 

It shall be the duty of the Department of 
Public Health, upon application from any per- 
son, firm or corporation desiring to open, conduct 
or continue any place of business within the 
limits of the City and County of San Francisco, 
before issuing the permit specified in Section 440 
to cause the premises on which it is proposed to 
carry on such business or in which said business 
is being carried on to be inspected with view of 



ascertaining whether said premises are in a 
proper sanitary and rat-proof condition for the 
conduct of such business, also, whether the pro- 
visions of all ordinances or regulations made in 
accordance with provisions thereof relating thereto 
have been complied with. (Amended by Ord. 
241-70, App. 7/14/70) 

SEC. 440.2. PERMIT PROCEDURES. 

The permit provided in Section 440 shall set 
forth the commercial uses permitted and shall be 
valid until suspended or revoked. Said permit 
shall not be transferable and shall be deemed 
revoked upon sale, transfer or assignment of the 
commercial use for which the permit was issued. 

A permit may at any time be suspended or 
revoked for cause after a hearing by the Depart- 
ment of Public Health. Upon suspension or revo- 
cation the premises for which the permit was 
issued shall be posted with the order of the 
Department. (Amended by Ord. 93-68, App. 4/19/ 
68) 

SEC. 440.3. PROHIBITION. 

(a) No person, firm or corporation engaged 
in the manufacture, handling or sale of food 
stuffs shall require, permit or allow any person 
suffering from any communicable disease to work, 
lodge, sleep or remain within or upon the pre- 
mises. 

(b) It shall be unlawful for any person, firm 
or corporation to allow any dog or dogs or cat or 
cats, to enter any place of business designated in 
Section 440, provided, however, that this subsec- 
tion shall not apply to any Seeing-Eye dog ac- 
companied by a blind person. 

(c) It shall be unlawful for any person, firm 
or corporation to display on the street, or in the 
open air, food products liable to be injured, 
infected or polluted, without adequate protection 
from dirt, flies, animals or insects. 

(d) The carrying on of any occupation in the 
place or room set apart for the preparation, 
storage, or sale of foodstuffs, whether cooked or 
raw or any allied operations that will generate or 
cause to arise a dust, smoke or offensive odor, is 
prohibited. 



253 



Food and Food Products 



Sec. 440.6. 



(e) It shall be unlawful for any person, firm 
or corporation to use any stable or other place 
where animals are kept as a place of storage for 
fruits, vegetables, meats, milk or any other food- 
stuffs. 

(f) The plucking of chickens and other fowl, 
and the skinning or cleaning of animals shall be 
carried on in a separate room, and all dust, 
smoke or offensive odors arising therefrom must 
be disposed of by air shafts, fans, forced air, or 
such other means as may be approved by the 
Department of Public Health. 

(g) No person shall be allowed to nor shall 
he reside or sleep in any room of a bake shop, 
public dining room, hotel, restaurant, kitchen, 
confectionery, or other place where food or food- 
stuffs are prepared, produced, manufactured, 
served or sold. 

(h) It shall be the duty of every occupant, 
whether owner or lessee, of any bakery, candy 
factory, delicatessen, restaurant, warehouse or 
other place where foodstuff are manufactured, 
prepared, stored commercially in opened or un- 
opened containers or served, to provide full pro- 
tection for his cooked food and other wares from 
dust, dirt, flies and vermin by the use of suitable 
glass cases, wire screens or other methods ap- 
proved by the Department of Public Health, and 
shall cause the abatement and destruction of 
vermin and flies wherever found. (Added by Ord. 
237-63; App. 9/6/63) 

SEC. 440.4. SANITATION OF PREMISES. 

The floors, sidewalks, ceilings, furniture, re- 
ceptacles, utensils, implements and machinery 
of every establishment or place where food is 
manufactured, packed, stored commercially in 
opened or unopened containers, sold or distrib- 
uted shall at all times be kept in a healthful and 
in a sanitary condition, and for the purposes of 
this Section, unclean, unhealthful and unsani- 
tary conditions shall be deemed to exist if food in 
the process of manufacture, preparation, pack- 
ing, storing, sale or distribution is not securely 
protected from dust, dirt, rats, flies and other 
vermin, and, so far as may be possible, protected 
by any reasonable means from all other foreign 



or injurious contamination; and all refuse, dirt 
and waste products subject to putrefaction and 
fermentation incident to the manufacture, prepa- 
ration, packing, storing, selling of and distribu- 
tion of food, shall be removed once in each day; 
and all trucks, trays, trays, boxes, baskets and 
buckets and other receptacles, chutes, platforms, 
racks, tables, shelves, and all knives, saws, cleav- 
ers and other implements and machinery used in 
the moving, handling, cutting, chopping, mixing, 
canning and all other processes used in the 
preparation of food shall be thoroughly cleaned 
at least once in each day, and all operatives, 
employees, clerks and other persons therein em- 
ployed or engaged shall maintain their persons 
and clothing in a clean and sanitary condition at 
all times and shall not store or keep unclean or 
soiled clothing or articles for personal use in or 
about said premises. (Added by Ord. 237-63; 
App. 9/6/63) 

SEC. 440.5. TOILET AND 
HANDWASHING FACILITIES TO BE 
PROVIDED. 

(a) Every food establishment, as defined in 
Section 27520 of the California Health and Safety 
Code, must provide toilet and handwashing fa- 
cilities for use by employees. Every such estab- 
lishment as to which construction or substantial 
reconstruction or rehabilitation is commenced on 
or after September 1, 1986, selling food for the 
purpose of immediate consumption without the 
reasonable expectation of further preparation or 
addition to other foods, shall make such toilet 
and handwashing facilities available for use by 
patrons without charge and shall comply with 
the Plumbing Code of the City and County of San 
Francisco. 

(b) Provisions of this Section shall not apply 
to roadside stands, food establishments which 
are open to outside air or businesses which 
primarily sell at retail, meat, poultry and their 
by-products. (Amended by Ord. 199-86, App. 
6/6/86) 

SEC. 440.6. AUTHORITY TO MAKE 
RULES, ETC. 

The Department of Public Health shall from 
time to time adopt such rules and regulations as 



Sec. 440.6. 



San Francisco - Health Code 



254 



it may deem necessary and proper to give effect 
to the provisions of Sections 440 to 440.5, inclu- 
sive, hereof and in accordance therewith. (Added 
by Ord. 237-63; App. 9/6/63) 

SEC. 441. PENALTIES AND 
ENFORCEMENT. 

(a) The Department of Public Health shall 
enforce Section 440.5 hereof against violations 
by either of the following actions: 

(1) Serving notice requiring the correction 
of any violation of this Section; 

(2) Calling upon the City Attorney to main- 
tain an action for injunction to enforce the pro- 
visions of Section 440.5, to cause the correction of 
any such violation, and for assessment and re- 
covery of a civil penalty for such violation. 

(b) Any individual, firm, partnership, corpo- 
ration, company, association, society, group or 
other person or legal entity that violates any 
provision of Section 440.5 hereof shall be liable 
for a civil penalty, not to exceed $500 for each day 
such violation is committed or permitted to con- 
tinue, which penalty shall be assessed and recov- 
ered 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. Any penalty assessed and recovered 
in an action brought pursuant to this paragraph 
shall be paid to the Treasurer of the City and 
County of San Francisco. (Amended by Ord. 
199-86; App. 6/6/86) 

SEC. 446. SALE OF BREAD FOR OTHER 
THAN HUMAN CONSUMPTION. 

It shall be unlawful for any person, firm or 
corporation operating any bakery or place where 
bread for human consumption is baked for sale 
to the public, or for any person, firm or corpora- 
tion who sells or exposes such bread for sale, to 
knowingly sell or otherwise dispose of any bread 
for other than human consumption which was 
wholesome and suitable for such use at the time 
it was baked and of the standard weight as now 
established or as may be hereafter established 



by ordinance of the City and County of San 
Francisco, until after the expiration of a period of 
five days from the time such bread was baked. 

No bread baked for human consumption which 
was suitable for such use at the time it was 
baked and of the standard weight as established 
by ordinance shall be sold for other than human 
consumption until such bread has been offered 
and exposed for sale to the public for human 
consumption for a period of not less than three 
days. 

Every person, firm or corporation selling or 
offering for sale any bread for human consump- 
tion which at the time of such sale or offering for 
sale is more than 48 hours old, excepting Sun- 
days or Holidays, shall cause such bread to be 
indicated as more than 48 hours old either by 
written or printed label or placard clearly an- 
nouncing such fact. 

SEC. 451. FOOD PREPARATION AND 
SERVICE ESTABLISHMENT. 

(a) "Food preparation and service establish- 
ment" as defined in this Section shall mean and 
include any restaurant, itinerant restaurant, guest 
house, boardinghouse, special events, school food 
concessions, bar or tavern, take-out establish- 
ment, fast food establishment, catering facility, 
temporary facility, food demonstration, commis- 
sary, pushcart, stadium concession, vending ma- 
chine, bed and breakfast establishment, private 
school cafeteria, and hospital kitchen, as those 
terms are defined herein. 

(b) "Restaurant" means any coffee shop, caf- 
eteria, short-order cafe, luncheonette, cocktail 
lounge, sandwich stand, soda fountain, public 
school cafeteria or eating establishment, in-plant 
or employee eating establishment and any other 
eating establishment, organization, club, includ- 
ing Veterans' Club, boardinghouse, bed and break- 
fast establishments, guest house, caterer, which 
gives, sells or offers for sale, food to the public, 
guests, patrons, or employees as well as kitchens 
or other food preparation areas in which food is 
prepared on the premises for serving or consump- 
tion on or off the premises, and requires no 
further preparation and also includes manufac- 



255 



Food and Food Products 



Sec. 451. 



turers of perishable food products that prepare 
food on the premises for sale directly to the 
public. The term "restaurant" shall not include 
itinerant restaurants, cooperative arrangements 
made by employees who purchase food or bever- 
ages for their own consumption and where no 
employee is assigned full time to care for or 
operate equipment used in such arrangement, or 
private homes; nor shall the term "restaurant" 
include churches, church societies, private clubs 
or other nonprofit associations of a religious, 
philanthropic, civic improvement, social, politi- 
cal, or educational nature, which purchase food, 
food products, or beverages, or which receive 
donations of food, food products, or beverages for 
service without charge to their members, or for 
service or sale at a reasonable charge to their 
members or to the general public at occasional 
fundraising events, for consumption on or off the 
premises at which the food, food products, or 
beverages are served or sold, if the service or sale 
of such food, food products or beverages does not 
constitute a primary purpose or function of the 
club or association, and if no employee or mem- 
ber is assigned full-time to care for or operate 
equipment used in such arrangements. 

(c) "Itinerant restaurant" means any restau- 
rant, operating from temporary facility, cart or 
vehicle, except those peddler wagons used for 
peddling as defined in Section 132(a) and (b) of 
Part III of the San Francisco Municipal Code, 
serving, offering for sale, selling or giving away 
food or beverage, and includes, but is not limited 
to, facility or vehicle where only wrapped sand- 
wiches or other wrapped and packaged, ready- 
to-eat foods are served, and any mobile unit on 
which food is prepared and served. 

(d) "Guest house" means any building or 
portion thereof occupied or intended, arranged, 
or designed for occupation by 35 or more guests 
where sleeping rooms and meals are provided to 
the guests for compensation and shall include 
"guest house," "residence club," "lodge," "dormi- 
tory," "residence cooperative" and any of its vari- 
ants. 

(e) "Boardinghouse" shall mean any build- 
ing or portion thereof occupied or intended, ar- 
ranged or designed for occupation by six or more 



but less than 35 guests where sleeping rooms 
and meals are provided to the guests for compen- 
sation and includes all private institutional type 
homes where inspection is made by the San 
Francisco Department of Public Health. 

(f) The term "owner" or "owners" as used 
herein, shall mean those persons, partnerships, 
or corporations who are financially interested in 
the operation of a food preparation and service 
establishment. 

(g) An "operator" as used herein shall mean 
any person engaged in the dispensing of or in 
assisting in the preparation of food, or a person 
otherwise employed in a food preparation and 
service establishment. 

(h) "Director" as used herein, shall mean 
the "Director of Public Health of the City and 
County of San Francisco," and "Inspectors" shall 
mean the "Inspectors of the Department of Pub- 
lic Health," administered by said Director. The 
Director shall be responsible for the administra- 
tion and enforcement of Sections 451 to 454, 
inclusive, of this Article and the rules and regu- 
lations relating thereto. The Director shall, after 
a public hearing, prescribe the rules and regula- 
tions relating thereto. Said rules and regulations 
shall be issued in pamphlet form. All such food 
preparation and service establishments shall be 
operated, conducted and maintained in accor- 
dance therewith. 

(i) "Special events" means any organized 
collection of food purveyors operating individu- 
ally or collaboratively out of approved temporary 
or mobile food facilities at a fixed location for a 
period of time not to exceed 25 days in a 90-day 
period in conjunction with a single, weekly, or 
monthly community event as defined in the 
California Health and Safety Code Section 
113895(b). 

(j) "School food concessions" means any food 
preparation, food service or food products in- 
tended for consumption by students attending or 
participating in activities within a school facility. 

(k) "Bar or tavern" shall mean any food 
preparation and service establishment which 
primarily prepares and/or serves alcoholic bev- 
erages. 



Sec. 451. 



San Francisco - Health Code 



256 



(1) "Take-out establishment" shall mean any 
food preparation and service establishment which 
primarily prepares food for consumption off pre- 
mises. 

(m) "Catering facility" shall mean any food 
preparation and service establishment which 
prepares food on a contractual basis within a 
fixed location for service at another location. 

(n) "Temporary facility" shall mean any food 
preparation and service facility operating out of 
temporary facilities approved by the Director of 
Public Health at a fixed location for a period of 
time not to exceed 25 days in any 90-day period 
in conjunction with a single event or celebration. 

(o) "Food demonstrations" shall mean any 
food preparation and/or service facility operating 
out of temporary facilities approved by the Di- 
rector of Public Health for a period of time not to 
exceed seven consecutive days for purposes of 
demonstrating food preparation or equipment. 

(p) "Commissary" shall mean any food es- 
tablishment in which food, containers, equip- 
ment, or supplies are stored or handled for use in 
vehicles, mobile food preparation units, food carts, 
or vending machines. 

(q) "Stadium concession" shall mean any 
food preparation and/or service facility operating 
within a stadium, arena, or auditorium with a 
seating capacity of 25,000 or more. 

(r) "Vending machine" shall mean any self- 
service device, which upon insertion of money or 
tokens, dispenses food without the necessity of 
replenishing the device between each vending 
operation. 

(s) "Private school cafeteria" shall mean any 
food preparation and service facility serving food 
to faculty and/or students of a school not oper- 
ated by the San Francisco Unified School Dis- 
trict. 

(t) "Hospital kitchen" shall mean any food 
preparation and service facility operating within 
a hospital that serves food to patients, staff, or 
the general public. 



(u) "Bed and breakfast establishment" shall 
mean a "restricted food service transient occu- 
pancy establishment" as defined in Health and 
Safety Code Section 113870. (Amended by Ord. 
241-70; App. 7/14/70; Ord. 26-88, App. 1/28/88; 
Ord. 341-88, App. 7/28/88; Ord. 206-93, App. 
6/25/93; Ord. 121-97, App. 4/9/97; Ord. 84-00, 
File No. 000424, App. 5/12/2000) 

SEC. 452. APPLICATIONS FOR 
PERMITS, ETC. 

(a) It shall be unlawful to maintain or op- 
erate a food preparation and service establish- 
ment within the City and County of San Fran- 
cisco without having first obtained a permit 
therefor issued and signed by the Department of 
Public Health. Any person, partnership or corpo- 
ration shall, before opening or operating a food 
preparation and service establishment in the 
City and County of San Francisco, make an 
application for a permit in the manner and upon 
a form provided by the Director, giving the infor- 
mation and particulars required by the Director. 

(b) If the applicant for any permit under 
this Section is a corporation or other business 
entity, the application shall contain the names of 
its principal officers and such other particulars 
as the Director may require. 

(c) Before granting the permit the Director 
shall investigate the facts stated in the applica- 
tion and examine the premises to which the 
permit shall apply to assure that the applicant is 
or will be in compliance with the laws, rules and 
regulations pertaining to the proper operation of 
a food preparation and service establishment, 
including the California Uniform Retail Food 
Facilities Law and the Health Code of the City 
and County of San Francisco. If the Director 
determines from its investigation and examina- 
tion of the premises that the applicant is not in 
compliance with any or all of the laws, rules and 
regulations pertaining to the proper operation of 
a food preparation and service establishment 
prior to the issuance of a permit, the Director 
shall allow the applicant a reasonable time within 
which to comply. The applicant's refusal or ne- 



257 



Food and Food Products 



Sec. 455. 



gleet to comply in a timely fashion shall be 
sufficient cause for the Director to deny the 
application. 

(d) Any denial of an application for permit 
under this section shall be subject to an appeal to 
the Board of Appeals. 

(e) The permit (1) shall set forth the com- 
mercial uses permitted and shall be valid until 
suspended or revoked; (2) shall not be transfer- 
able and shall be deemed revoked upon sale, 
transfer or assignment of the commercial uses 
for which the permit was issued; and (3) shall at 
all times be displayed on the premises. 

(f) The permit may at any time be sus- 
pended or revoked for cause after a hearing by 
the Department of Public Health. Any determi- 
nation of suspension or revocation of a permit for 
cause after a hearing shall be subject to appeal to 
the Board of Appeals. Upon suspension or revo- 
cation, the premises for which the permit was 
issued shall be posted with the order of the 
Department. 

(g) Applications for temporary permits to 
operate special events shall be submitted no 
later than fourteen (14) calendar days prior to 
the commencement of the event along with the 
applicable filing fees listed in Section 249.11(c) of 
the Business and Tax Regulations Code of the 
City and County of San Francisco. If the appli- 
cation and/or filing fees are submitted less than 
fourteen (14) calendar days prior to the com- 
mencement of the event, the applicant shall pay 
an additional fifty percent (50%) of the filing fee 
as a late charge before the application can be 
processed or approved. Applications and/or fees 
(including any late charges) which are submitted 
seven (7) calendar days or less prior to the 
commencement of the event cannot be processed. 
(Added by Ord. 241-70; App. 7/14/70; amended 
by Ord. 341-88, App. 7/28/88; Ord. 84-00, File No. 
000424, App. 5/12/2000) 

SEC. 453. DISEASED EMPLOYEES. 

No employer shall require, permit or suffer 
any person to work, nor shall any person work, 
in a building, room, basement, cellar, place or 
vehicle, occupied or used for the production, 



preparation, manufacture, packing, storage, sale, 
distribution or transportation of food, who is 
afflicted or affected with or who is a carrier of 
any venereal disease, smallpox, diphtheria, scar- 
let fever, yellow fever, tuberculosis, consumption, 
bubonic plague, Asiatic cholera, leprosy, tra- 
choma, typhoid fever, epidemic dysentery, measles, 
mumps, German measles, whooping cough, 
chicken pox, or any other infectious or conta- 
gious disease. 

SEC. 454. REGULATIONS. 

The rules and regulations to be issued by said 
Director, shall, among other matters, provide for 
the following: 

(a) Suitable ducts in said kitchens and elimi- 
nation of obnoxious and disagreeable odors from 
said public eating places; 

(b) Suitable hoods for ranges; 

(c) Proper ventilation for kitchens and din- 
ing rooms; 

(d) Basements and storerooms to be dry, 
clean and sanitary; 

(e) Regulation of refrigeration and storage 
of foodstuffs; 

(f) Installation and maintenance of proper 
sanitary plumbing; 

(g) Handling, storage and dispensing of milk; 

(h) Receptacles for soiled linen, use of clean 
linens and laundering thereof; 

(i) Methods and manner of dishwashing; 

(j) Collection and disposition of garbage and 
proper receptacle and containers therefor; 

(k) Adequate toilet facilities and the loca- 
tion of water closets, dressing rooms, lockers and 
wash basins; 

(1) Cleanliness of the premises, utensils and 
towels. 

SEC. 455. PENALTY. 

Any person, firm, association, company or 
corporation violating any of the provisions of 
Sections 451 to 454, inclusive, of this Article, 
shall be guilty of a misdemeanor and shall be 
punished by a fine of not less than $10 and not in 



Sec. 455. 



San Francisco - Health Code 



258 



excess of $500, or by imprisonment in the County 
Jail for a term not exceeding 100 days, or by both 
such fine and imprisonment. 

SEC. 456. FOOD PREPAKATION AND 
SERVICE ESTABLISHMENT 
DISCLOSURES. 

A. "Food preparation and service establish- 
ment" is defined in Section 451 and for the 
purposes of Section 456 et seq. shall include a 
food preparation and service establishment op- 
erating in conjunction with a "food product and 
marketing establishment" (as defined in Section 
440). 

B. "Food inspection report" means the writ- 
ten notice prepared and issued by a county 
environmental health inspector after conducting 
an inspection of a food preparation and service 
establishment to determine compliance with all 
applicable federal, state and local statutes, or- 
ders, ordinances, quarantines, rules, regula- 
tions, or directives relating to the public health. 

C. "Symbol" means a representative mark 
issued by a county environmental health inspec- 
tor at the conclusion of the routine or scheduled 
inspection of a food preparation and service 
establishment. The Symbol shall be issued only 
to a food preparation and service establishment 
that scores ninety (90) percent or higher as a 
total numerical percentage score as set forth in 
the food inspection report. The character of the 
Symbol shall be determined by the Director of 
Health in consultation with San Francisco food 
preparation and service establishments. 

D. "Inspection score card" means a card 
that indicates the total numerical percentage 
score for the establishment as determined by a 
county environmental health inspector and as 
set forth in the food inspection report. 

E. "Notice of closure" means a public notice 
that may be posted by a county environmental 
health inspector at a food preparation and ser- 
vice establishment upon suspension or revoca- 
tion of the establishment's public health permit 
to operate and that results in the immediate 
closure of the establishment and the discontinu- 
ance of all operations of the food preparation and 



service establishment, by order of a county envi- 
ronmental health inspector, because of violations 
of applicable federal, state and local statutes, 
orders, ordinances, quarantines, rules, regula- 
tions, or directives relating to the public health. 

F "Routine inspection" means a periodic, 
unannounced inspection of a food preparation 
and service establishment to determine compli- 
ance with all applicable federal, state and local 
statutes, orders, ordinances, quarantines, rules, 
regulations, or directives relating to the public 
health. A routine inspection shall not mean an 
inspection conducted by a county environmental 
health inspector to determine compliance with a 
previously issued food inspection report or any 
interim inspection conducted to determine com- 
pliance with specific regulations or legal require- 
ments. (Added by Ord. 81-04, File No. 040092, 
App. 5/20/2004) 

SEC. 456.1. POSTING 
REQUIREMENTS— PENALTY FOR 
NONCOMPLIANCE— DOCUMENTS 
AVAILABLE FOR PUBLIC REVIEW. 

A. Upon issuance of a Symbol by a county 
environmental health inspector, the food prepa- 
ration and service establishment shall post the 
Symbol on the premises of the establishment so 
as to be clearly visible to patrons of the estab- 
lishment. 

B. Food preparation and service establish- 
ments that are not issued Symbols by a county 
environmental health inspector shall not post 
the Symbol on the premises of the establish- 
ment. 

C. Food preparation and service establish- 
ments, whether issued Symbols or not, must 
make the inspection score card and the inspec- 
tion report available to the general public and 
patrons for review upon request. In addition, 
establishments must post the inspection report 
on the premises so as to be clearly visible to 
patrons of the establishment. Posting of the 
inspection report shall not be required of "food 
preparation and service establishments" defined 
in Section 451(i, m, n, o, p, or r). 



259 



Food and Food Products 



Sec. 456.3. 



D. The Health Department shall strive to 
make all current inspection reports of food prepa- 
ration and service establishments available on 
the Department's website as soon as is practi- 
cable. 

E. Once required to be posted, the Symbol 
and the inspection report shall not be defaced, 
marred, camouflaged, hidden or removed until 
superceded. It is unlawful to operate a food 
preparation and service establishment unless 
the inspection score card, the Symbol, and the 
inspection report are in place as set forth here- 
under. Removal of the inspection score care, the 
Symbol, or the inspection report from their re- 
quired place on the premises is a violation of 
Section 456 et seq. and may result in the suspen- 
sion or revocation of the public health permit to 
operate and shall be punishable as specified in 
Section 456. 

F. Every food preparation and service estab- 
lishment shall post a legibly lettered sign which 
displays the following information so as to be 
clearly visible to the general public and to pa- 
trons entering the establishment: Any public 
health concerns regarding this establishment 
should be directed to the City and County of San 
Francisco Department of Public Health, Environ- 
mental Health Section located at: (local office 
address and telephone number to be provided by 
a county environmental health inspector). 

G. The food inspection report upon which 
the current Symbol and the current inspection 
score card are based shall be maintained at the 
food preparation and service establishment and 
shall be available to the general public and to 
patrons for review upon request. The food prepa- 
ration and service establishment shall keep the 
current food inspection report until such time as 
a county environmental health inspector com- 
pletes the next routine or scheduled inspection of 
the establishment and issues a new food inspec- 
tion report. (Added by Ord. 81-04, File No. 040092, 
App. 5/20/2004) 

SEC. 456.2. SYMBOL AND INSPECTION 
SCORE CARD— PERIOD OF VALIDITY. 

A. A Symbol, an inspection score card, or 
both, shall remain valid until a county environ- 
mental health inspector completes the next rou- 



tine or scheduled inspection of the food prepara- 
tion and service establishment. After a routine 
inspection, the owner of a food preparation and 
service establishment may request that the Health 
Department conduct a scheduled inspection to 
revise the inspection score. The Health Depart- 
ment shall respond to the request as soon as is 
practicable. (Added by Ord. 81-04, File No. 040092, 
App. 5/20/2004) 

SEC. 456.3. PUBLIC HEALTH PERMIT 
SUSPENSION OR REVOCATION- 
NOTICE OF CLOSURE. 

A. A county environmental health inspec- 
tor, in his or her discretion, may immediately 
close any food preparation and service establish- 
ment which, upon completion of a routine or 
scheduled inspection, does not achieve the lowest 
satisfactory inspection report score as deter- 
mined by the Director of Health. Nothing in this 
provision shall prohibit a county environmental 
health inspector from immediately closing any 
food preparation and service establishment if, in 
his or her discretion, immediate closure is nec- 
essary to protect the public health. 

B. Upon issuance of a written notice of 
suspension or revocation of the public health 
permit to operate by a county environmental 
health inspector, he or she shall post a notice of 
closure at the food preparation and service es- 
tablishment so as to be clearly visible to the 
general public and to patrons. 

C. Upon issuance of the written notice of 
suspension or revocation of the public health 
permit to operate by a county environmental 
health inspector, the food preparation and ser- 
vice establishment shall immediately close to the 
general public and to patrons and shall discon- 
tinue all operations until the public health per- 
mit to operate has been reissued or reinstated by 
order of a county environmental health, inspector 
or until the establishment no longer operates as 
a food preparation and service establishment. 

D. The notice of closure shall remain posted 
until removed by a county environmental health 
inspector. Removal of the notice of closure by any 
person other than a county environmental health 



Sec. 456.3. 



San Francisco - Health Code 



260 



inspector or the refusal of a food preparation and 
service establishment to close upon issuance of 
the written notice of suspension of the public 
health permit to operate is a violation of Section 
456 et seq. and may result in the suspension or 
revocation of the food preparation and service 
establishment's public health permit to operate 
and shall be punishable as specified in Section 
456.4. (Added by Ord. 81-04, File No. 040092, 
App. 5/20/2004) 

SEC. 456.4. PENALTIES. 

A. Any person violating any of the provi- 
sions of Section 456 et seq., inclusive, of this 
Article on more than three occasions within a 
twelve month period, shall be guilty of a misde- 
meanor and shall be punished by a fine of not 
less than $10 and not in excess of $500, or by 
imprisonment in the County Jail for a term not 
exceeding 100 days, or by both such fine and 
imprisonment. 

B. Any firm, association, company or corpo- 
ration violating any of the provisions of Section 
456 et seq., inclusive, of this Article shall be 
subject to administrative penalties imposed by 
the Director of Health. The Director may assess 
an administrative penalty not exceeding fifty 
dollars ($50) for a first violation; not exceeding 
one hundred dollars ($100) for a second viola- 
tion; and not exceeding two hundred dollars 
($200) for the third and each subsequent viola- 
tion. 

C. Before imposing an administrative pen- 
alty, the Director must serve upon the firm, 
association, company or corporation with a no- 
tice of initial determination. The notice shall 
state the proposed administrative penalty and 
the basis for the Director's initial determination, 
including the alleged acts or failures to act that 
constitute a basis for the administrative penalty. 
The notice shall inform the firm, association, 
company or corporation that it has the right to 
request administrative review of the penalty 
within fifteen (15) days of receipt of the notice. 

D. If no request for review of the Director's 
decision is filed with the Health Department 
within the appropriate period, the decision shall 



be deemed final and shall be effective fifteen (15) 
days after the notice of initial determination was 
served on the firm, association, company or cor- 
poration. The Director shall issue an Order im- 
posing an administrative penalty and serve it 
upon the party served with the notice of initial 
determination. Payment of any administrative 
penalty is due within 30 days of service of the 
Director's Order. Any administrative penalty as- 
sessed and received in an action brought under 
this Article shall be paid to the Treasurer of the 
City and County of San Francisco. The firm, 
association, company or corporation against whom 
an administrative penalty is imposed also shall 
be liable for the costs and attorney's fees in- 
curred by the City and County of San Francisco 
in bringing any civil action to enforce the provi- 
sions of this section, including obtaining a court 
order requiring payment of the administrative 
penalty. 

E. If the firm, association, company or cor- 
poration files a timely request for review of the 
Director's decision with the Health Department, 
the Director shall conduct a hearing. Within 
fifteen (15) days of receipt of the request, the 
Director shall notify the requestor of the date, 
time, and place of the hearing. Such hearing 
shall be held no later than thirty (30) days after 
the Director receives the request, unless time is 
extended by mutual agreement of the affected 
parties. The Director may adopt rules and regu- 
lations regarding the hearing procedures. 

F. Following the hearing, the Director shall 
serve written notice of the Director's decision on 
the firm, association, company or corporation. If 
the Director's decision is that the firm, associa- 
tion, company or corporation must pay an admin- 
istrative penalty, the notice of decision shall 
state that the recipient has ten (10) days in 
which to pay the penalty. Any administrative 
penalty assessed and received in an action brought 
under this Article shall be paid to the Treasurer 
of the City and County of San Francisco. The 
firm, association, company or corporation against 
whom an administrative penalty is imposed also 
shall be liable for the costs and attorney's fees 
incurred by the City and County of San Fran- 
cisco in bringing any civil action to enforce the 



261 



Food and Food Products 



Sec. 461. 



provisions of this section, including obtaining a 
court order requiring payment of the administra- 
tive penalty. 

G. The Director of Health may appoint a 
designee to perform the Director's functions and 
responsibilities under Section 456.4. (Added by 
Ord. 81-04, File No. 040092, App. 5/20/2004) 

SEC. 456.5. BOARD REVIEW— HEARING. 

A Committee of the Board of Supervisors 
shall hold a hearing concerning the implementa- 
tion of Section 456 et seq. before July 1, 2005. 
(Added by Ord. 81-04, File No. 040092, App. 
5/20/2004) 

SEC. 456.6. ENFORCEMENT OF SAFE 
DRINKING WATER AND TOXIC 
ENFORCEMENT ACT OF 1986 AND ITS 
IMPLEMENTING REGULATIONS; 
REQUIREMENT THAT WARNINGS BE 
PROVIDED IN ENGLISH, SPANISH, AND 
CHINESE. 

(a) The Department of Public Health shall 
enforce the Safe Drinking Water and Toxic En- 
forcement Act of 1986 (California Health and 
Safety Code Chapter 6.6, added by Proposition 
65 1986 General Election) and its implementing 
regulations (California Code of Regulations, Title 
22, Section 12000 et seq.) by: 

(1) Inspecting food product and marketing 
establishments defined in Section 440 and food 
preparation and service establishments defined 
by Section 451 to determine whether these es- 
tablishments are in compliance with the warn- 
ing requirements of the Safe Drinking Water and 
Toxic Enforcement Act of 1986 and its implement- 
ing regulations pertaining to exposure to chemi- 
cals known to the State of California to cause 
cancer, birth defects or other reproductive harm; 

(2) Serving notices requiring the correction 
of any violation of the Safe Drinking Water and 
Toxic Enforcement Act of 1986 or its implement- 
ing regulations; and 

(3) Calling upon the City Attorney or the 
District Attorney to maintain an action for vio- 
lation of the Safe Drinking Water and Toxic 
Enforcement Act of 1986 or its implementing 



regulations, to cause correction of such violation, 
and for assessment and recovery of civil or crimi- 
nal remedies for such violation. 

(b) Written warnings required to be pro- 
vided by food product and marketing establish- 
ments and food preparation and service estab- 
lishments under the Safe Drinking Water and 
Toxic Enforcement Act of 1986 and its implement- 
ing regulations or any existing settlements and 
consent judgments pertaining to lawsuits filed 
pursuant to the Safe Drinking Water and Toxic 
Enforcement Act of 1986 and its implementing 
regulations shall be made in English, Spanish 
and Chinese. Written warnings in Spanish and 
Chinese shall comply with the Safe Drinking 
Water and Toxic Enforcement Act of 1986 and its 
implementing regulations and any existing settle- 
ments and consent judgments pertaining to law- 
suits filed pursuant to the Safe Drinking Water 
and Toxic Enforcement Act of 1986 and its imple- 
menting regulations and be provided in the same 
manner as the warnings in English, including 
but not limited to location, size, and font of the 
warning message. (Added by Ord. 250-05, File 
No. 050253, App. 11/10/2005) 

SEC. 460. ESTABLISHMENTS SERVING 
ALCOHOLIC BEVERAGES AND FOOD 
AND FURNISHING ENTERTAINMENT 
DEFINED. 

The establishments referred to in Section 460 
to 466, inclusive, of this Article, are hereby 
defined to be any place, room, or space, upon or 
within any building or structure, where any 
alcoholic beverage and food of any kind or char- 
acter is served, and where theatrical, operatic, 
vaudeville or dancing performance, or any com- 
bination of such performance, is conducted or 
permitted upon the floor, a platform, or a stage, 
upon or within said place, room or space. 

SEC. 461. PERMITS. 

It shall be unlawful for any person, firm or 
corporation to conduct or maintain any such 
establishment in the City and County of San 
Francisco without first obtaining a permit there- 
for from the Department of Public Health. No 
such permit shall be issued by the Department of 



Sec. 461. 



San Francisco - Health Code 



262 



Public Health until the issuance of the same has 
been approved by the Department of Electricity, 
the Bureau of Building Inspection of the Depart- 
ment of Public Works and the Bureau of Fire 
Prevention and Public Safety. 

SEC. 462. APPLICATION- 
INVESTIGATION, ETC. 

Application for said permit shall be made to 
the Department of Public Health, which said 
application shall state the proposed location of 
said establishment, the character of the building 
in which the same is proposed to be conducted or 
maintained, and a detailed plan of the premises 
contemplated to be occupied by the applicant, as 
well as the number of patrons to be accommo- 
dated at any time in said establishment. Upon 
receipt of said application the Department of 
Public Health shall forthwith send copies thereof 
to the Department of Electricity, the Bureau of 
Building Inspection of the Department of Public 
Works and the Bureau of Fire Prevention and 
Public Safety. It shall be the duty of each of the 
said bureaus and departments, upon receipt of 
said application, to investigate the condition of 
the premises in which said establishment is 
proposed to be maintained in so far as said 
conditions come under the jurisdiction of the said 
respective bureaus and departments, and, upon 
the completion of said investigation, to approve 
or disapprove the granting of said permit. In the 
event of the disapproval of the application by any 
of said bureaus or departments, said application 
for said permit shall be denied. 

SEC. 463. APPLICATION, EXISTING 
ESTABLISHMENTS. 

Any person, firm or corporation conducting 
or maintaining such establishment in the City 
and County of San Francisco on the 5th day of 
November, 1936, shall make immediate applica- 
tion to the Department of Public Health for a 
permit to continue the maintenance and conduct 
of said establishment. 

SEC. 464. GROUNDS FOR PERMIT 
REVOCATIONS— PROCEDURE. 

Any violation of any existing laws of the City 
and County of San Francisco, shall constitute 



and shall be so construed as to be sufficient 
reason for the revocation of any permit. Any 
permit issued pursuant to the provisions of Sec- 
tions 460 to 466, inclusive, of this Article, may be 
revoked by the Department of Public Health for 
cause upon application of any one or more of the 
Departments or Bureaus whose approval was 
first necessary for the issuance of the permit, 
after due hearing shall be first had therein; and 
reasonable notice shall be given to the person, 
firm or corporation charged with the said viola- 
tion, and of the time, place and date set for the 
hearing on the revocation of said permit. 

SEC. 465. DISCRETION OF OFFICERS, 
ETC. 

Whenever any discretion as to the operation, 
construction or equipment of any such establish- 
ment by Sections 460 to 466, inclusive, of this 
Article, is given to any officer, board, bureau, 
department or commission, the said officer, board, 
bureau, department or commission shall exer- 
cise said discretion only in so far as the same is 
necessary for the safety of the patrons and em- 
ployees and other persons frequenting said es- 
tablishment. 

SEC. 466. OTHER LAWS, RULES AND 
REGULATIONS. 

All existing laws of the City and County of 
San Francisco, and all rules and regulations of 
the Department of Public Health, relative to the 
keeping, preparation and serving of food and 
alcoholic beverages in restaurants or other places 
open to the public shall apply to such establish- 
ments; and no such establishment shall permit 
dancing therein without a permit from the Police 
Department of the City and County of San Fran- 
cisco. 

SEC. 467. FOOD VENDING MACHINES. 

(a) "Food vending machine" means any self- 
service device which, upon insertion of a coin, 
coins, or token, or by similar means, dispenses 
unit servings of food or beverage, either in bulk 
or in package, without the necessity of replenish- 
ing the device between each vending operation, 
that in operating has food product contact sur- 



263 



Food and Food Products 



iSec. 468.1. 



faces or dispenses foods of a perishable nature, 
including wrapped sandwiches or pastry goods, 
but not including devices dispensing peanuts, 
wrapped candy, gum, bottled beverage or ice 
exclusively. 

(b) Every person, firm or corporation in the 
business of operating a food vending machine, or 
food vending machines, as defined in Subsection 
(a) of this Section, within the City and County of 
San Francisco, on or after October 1, 1970, must 
file an application for a permit on a form pro- 
vided by the Health Department. 

The permit shall be valid until suspended or 
revoked. Said permit shall not be transferable 
and shall be deemed revoked upon sale or trans- 
fer of the business for which it was issued. 

Prior to the use and operation of any vending 
machine by a permittee, said permittee shall pay 
the fee prescribed in Section 249.12(b) of Part III 
of the San Francisco Municipal Code and obtain 
from the Health Department a decal. Upon re- 
ceipt of said decal, the permittee shall enter 
upon it the serial number of the vending ma- 
chine and post said decal on the front panel of 
the vending machine. The serial number of the 
vending machine operated shall correspond to 
the number entered upon the decal. 

Any food vending machine that is found to be 
insanitary, malfunctioning or unposted with the 
required decal shall be sealed by an Inspector of 
the Health Department and shall only be re- 
moved by said Inspector. 

(c) All food vending machine operators shall 
supply quarterly, on a form approved by the 
Health Department, certified copies of machine 
inspection reports made by their supervisory 
personnel and total number of machines cur- 
rently in operation. (Added by Ord. 241-70, App. 
7/14/70) 

SEC. 468. PURPOSE. 

The purpose of Sections 468 through 468.8 is 
to provide consumers with information about the 
nutritional components of Food prepared, pur- 
chased, and eaten outside the home. Consumers 
must have basic nutritional information readily 
available in order to make informed choices 



about the Food that they, and their children and 
dependants, eat. These sections require Chain 
Restaurants to provide consumers with specific 
nutritional information on Menu Items, such as 
calorie content, so that consumers may be better 
able to make nutritional choices consistent with 
their health, needs. Furthermore, ensuring in- 
formed food choices supports societal public health 
goals of preventing obesity, diabetes, and other 
avoidable nutrition-related diseases. (Added by 
Ord. 347-86, App. 8/15/86; Ord. 40-08, File No. 
071661, App. 3/24/2008) 

SEC. 468.1. FINDINGS. 

The Board of Supervisors hereby finds and 
declares as follows: 

Chronic diseases and obesity are concurrent, 
serious and growing public health crises affect- 
ing states and localities across the country. In 
California and the City and County of San Fran- 
cisco, the two epidemics are among the greatest 
public health challenges, as evidenced by the 
following: 

• Chronic diseases, including cardiovascular 
disease, diabetes, hypertension, cancer, 
asthma, are the leading cause of death and 
disability in San Francisco and California; 

• Seventjr percent of all U.S. deaths are at- 
tributable to chronic disease; 

• Hypertension and diabetes are the leading 
reasons for San Francisco Department of 
Public Health primary care clinic visits; 

• Obesity rates have doubled in children and 
tripled in teenagers over the past twenty 
years; 

• The rate at which obesity is increasing in 
California is among the fastest in the coun- 
try; 

• One-third of California children, one-fourth 
of California teenagers, and one-half of Cali- 
fornia adults are either overweight or obese; 

• Fifty percent of overweight children and 
teenagers remain overweight as adults; 

• Over half of Californians Eire at greater risk 
for heart disease, type-2 diabetes, high blood 
pressure, stroke, arthritis-related disabili- 



Supp. No. 15, March 2008 



Sec. 468.1. 



San Francisco - Health Code 



264 



ties, depression, sleep disorders, and some 
cancers because of increasing obesity rates; 

• In San Francisco, 43% percent of adults are 
overweight or obese and 24% of school-age 
children are overweight or obese. 

The burden of increasing overweight and 
obesity and accompanying chronic diseases mani- 
fests itself in premature death and disability, 
health care costs, and lost productivity. Obesity 
greatly increases the risk of chronic diseases 
such as high cholesterol, high blood pressure, 
asthma, and type-2 diabetes. 22% of San Fran- 
ciscans have high blood pressure and 6.5% of 
San Franciscans have diabetes. Heart disease is 
the leading cause of death in San Francisco. The 
financial cost of chronic disease and obesity is 
evidenced by the following: 

• Health care costs rose nearly two billion 
dollars in inflation adjusted dollars between 
1987 and 2000. Fifteen conditions including 
diabetes, hypertension, heart disease, cere- 
brovascular disease accounted for more than 
half the overall growth; 

• Medicare costs for those who were obese 
when they were middle aged are roughly 
twice as great as those who were at ideal 
weight; 

• In 2005, California's costs related to obe- 
sity; overweight, and lack of physical activ- 
ity were projected to reach $28 billion for 
health care and lost work productivity; 

• The indirect and direct costs of adult obesity 
in America are between $69 and $117 bil- 
lion each year; 

• If 10% of currently obese or overweight 
Californians were to reach and maintain a 
healthy weight over a five-year period, sav- 
ings would amount to $13 billion; 

• Obesity-related expenditures are thought to 
have accounted for more than 25% of the 
increase in national health care spending 
between 1987 and 2001; 

• The San Francisco Department of Public 
Health estimates that the obesity epidemic 
costs San Francisco $192 million a year in 
medical expenses, lost productivity and work- 



ers' compensation. The estimated costs to 
the Department for diabetes for the year 
2005 was $25 million. 

The rise in obesity rates has coincided with 
Americans eating more meals outside of the 
home. Such meals contribute to the growing rate 
of obesity, as evidenced by the following: 

• In 1970, Americans spent just 26% of their 
food dollars on restaurant meals and other 
foods prepared outside the home. Today, 
Americans spend 47.9% of their food dollars 
on away-from-home foods; 

• Between 1972 and 1997, the per capita 
number of fast-food restaurants doubled, 
and the per-capita number of full-service 
restaurants rose by 35%; 

• The increase in per capita restaurants ac- 
counts for 65% of the increase in the per- 
centage of those who are obese; 

• About one-third of the calories in an aver- 
age American's diet come from restaurant 
or other away-from-home foods; 

• On average, children and youth aged 11 — 18 
visit fast food outlets of twice a week; 

• Studies have shown a positive association 
between eating out and higher caloric in- 
takes and higher body weights; 

• Children eat almost twice as many calories 
(770) when they eat a meal at a restaurant 
as they do when they eat at home (420); 

• Restaurant foods are generally higher in 
those nutrients for which over consumption 
is a problem, such as fat and saturated fat, 
and lower in nutrients required for good 
health, such as calcium and fiber; 

• It is not uncommon for a restaurant entree 
to provide half of a day's calories, saturated 
and trans fat, or sodium; 

• Portion sizes are often large at restaurants 
and people tend to eat greater quantities of 
food when they are served more, whether or 
not they are hungry; 

• Observational studies have shown that people 
who frequently consume food away from 
home tend to weigh more. 



Supp. No. 15, March 2008 



265 



Food and Food Products 



Sec. 468.1. 



Without nutrition information, consumers con- 
sistently underestimate the nutritional content 
of restaurant foods, as evidenced by the follow- 
ing: 

• In a California field poll about the nutri- 
tional value of typical fast food and restau- 
rant menu items, not a single respondent 
was able to answer all four questions cor- 
rectly. Less than 1% answered three out of 
four questions correctly, and only 5% an- 
swered two out of four questions correctly. 
Nearly 68% were not able to answer a single 
question correctly; 

• An FDA-commissioned report concluded that 
without access to nutritional information, 
consumers are not able to assess the caloric 
content of foods; 

• One study illustrated that restaurant foods 
contain almost twice the number of calories 
estimated by consumers; 

• Another study showed that even trained 
nutrition professionals consistently under- 
estimate the calorie content of restaurant 
foods by 200 to 600 calories; 

• The public's knowledge of the nutritional 
content of restaurant foods is incomplete, 
especially compared to pre-packaged foods. 
Moreover, the fact that chain restaurants' 
serving sizes are so varied and large, and 
their prices are so low, can mislead and even 
deceive the public regarding the amount of 
an actual serving size and how many calo- 
ries a portion contains. 

When nutrition information is provided, con- 
sumers use it to make healthier choices, as 
evidenced by the following: 

• Three-quarters of American adults report 
using nutritional labels on packaged foods; 

• Studies show that the use of food labels is 
associated with eating more healthful dies; 

• Almost half of consumers report that the 
information provided on food labels has 
caused them to change their mind about 
buying a food product; 



• With nutrition information, consumers are 
24% — 37% less likely to select high-calorie 
items. 

The Federal Nutrition Labeling and Educa- 
tion Act requires food manufacturers to provide 
nutrition information on nearly all packaged 
foods, but explicitly exempts restaurants from 
that requirement. 

The current system of voluntary nutritional 
disclosures by restaurants is inadequate. Approxi- 
mately two-thirds of the largest chain restau- 
rants fail to provide any nutritional information 
about their menu item to customers. Those that 
do provide such information often do not do so at 
the point of sale, but rather on websites or in 
brochures available only by request. 

Competition within the food service industry 
is healthy and desirable but cannot lead to 
healthier food options when consumers are not 
able to make choices based upon the nutritional 
value of the food offered. 

84% of Californians are in favor of nutri- 
tional labeling in restaurants. The United States 
Surgeon General, the Food and Drug Adminis- 
tration, the National Academies' Institute of 
Medicine, and the American Medical Association 
have all recommended nutritional labeling of 
restaurant food as a strategy to address rising 
obesity rates. 

The aforementioned findings are based on 
studies referenced in the "Statement of Legisla- 
tive Findings," a copy of which is on file with the 
Clerk of the Board of Supervisors in File No. 

and is incorporated herein by 

reference. 

Therefore, it is the intent of the Board of 
Supervisors, in enacting this ordinance to pro- 
vide consumers with basic nutritional informa- 
tion about prepared Foods sold at Chain Restau- 
rants so that consumers can make informed 
Food choices; and to foster fairness and encour- 
age beneficial competition among the Chain Res- 
taurants of the City and County of San Fran- 
cisco. (Added by Ord. 347-86, App. 8/15/86; Ord. 
40-08, File No. 071661, App. 3/24/2008) 



Supp. No. 15, March 2008 



Sec. 468.2. 



San Francisco - Health Code 



266 



SEC. 468.2. DEFINITIONS. 

(a) "Chain Restaurant" means a Restau- 
rant within the City and County of San Fran- 
cisco that offers for sale substantially the same 
Menu Items, in servings that are standardized 
for portion size and content, and is one of a group 
of 20 or more Restaurants in California that 
either: (1) operate under common ownership or 
control; or (2) operate as franchised outlets of a 
parent company, or (3) do business under the 
same name. 

(b) "Director" shall mean the Director of 
Health, or his designated agents or representa- 
tives. 

(c) "Food" means any substance in what- 
ever form for sale in whole or in any part for 
human consumption such as, for example, meals, 
snacks, desserts, and beverages of all kinds. 

(d) "Food Tag" shall mean a label or tag that 
identifies any Food item offered for sale at a 
Chain Restaurant, such as, for example, a label 
placed next to a cherry pie showing a picture of a 
cherry and listing the price per slice. 

(e) "Menu" means any list of Food offered 
for sale at a Restaurant including menus distrib- 
uted or provided outside of the Restaurant, but 
does not include a Menu Board. 

(f) "Menu Board" means any list or pictorial 
display of Food offered for sale at a Restaurant 
that is posted in a Restaurant and intended for 
shared viewing by multiple customers such as, 
for example, back-lit marquee signs above the 
point of sale at fast-food outlets and chalk boards 
listing offered Food items or any list of Food 
offered for sale at a Restaurant that is posted 
and intended for viewing by customers purchas- 
ing Food to go, such as, for example, a drive- 
through menu. 

(g) "Menu Item" means an item described 
on a Menu, a Menu Board, or a Food Tag that is 
prepared, un-prepackaged Food; and also means 
a combination item appearing on a Menu, a 
Menu Board, or a Food Tag such as, for example, 
a "kids meal," that contains any prepared, un- 
prepackaged Food, such as a hamburger, and 
any prepackaged Food, such as a carton of milk. 



(h) "Restaurant" means a facility at which 
any prepared, un-prepackaged Foods are offered 
for sale and consumption on or off the premises 
such as, for example sit-down restaurants; cafes; 
coffee stands; and fast-food outlets, but not gro- 
cery stores. "Restaurant" may also include sepa- 
rately owned food facilities that are located in a 
grocery store but does not include the grocery 
store. (Added by Ord. 347-86, App. 8/15/86; Ord. 
40-08, File No. 071661, App. 3/24/2008) 

SEC. 468.3. MENU LABELING 
REQUIRED AT CHAIN RESTAURANTS. 

(a) Required Nutritional Information. 

Except as provided in Subsection (h), each Chain 
Restaurant shall make nutritional information 
available to consumers for all Menu Items. This 
information shall include, but not be limited to, 
all of the following, per Menu Item, as usually 
prepared and offered for sale: 

(1) Total number of calories; 

(2) Total number of grams of saturated fat; 

(3) Total number of grams of carbohydrates; 
and 

(4) Total number of milligrams of sodium. 

(b) Information on Menus. 

(1) Each Chain Restaurant that uses a Menu 
shall provide the nutritional information re- 
quired by subsection (a) next to or beneath each 
Menu Item using a size and typeface that is clear 
and conspicuous. 

(2) Each Chain Restaurant that uses a Menu 
shall include the following statement on the 
Menu in a clear and conspicuous manner: "Rec- 
ommended limits for a 2,000 calorie daily diet 
are 20 grams of saturated fat and 2,300 milli- 
grams of sodium." 

(c) Information on Menu Boards. 

(1) Each Chain Restaurant that uses a Menu 
Board shall provide on the Menu Board the 
nutritional information required by Subsection 
(a)(1) next to or beneath each Menu Item on the 
Menu Board using a font and format that is at 
least as prominent, in size and appearance, as 
that used to post either the name or price of the 
Menu Item. 



Supp. No. 15, March 2008 



267 



Food and Food Products 



Sec. 468.4. 



(d) Information on Food Tags. Each Chain 
Restaurant that uses a Food Tag shall provide on 
the Food Tag the nutritional information re- 
quired by subsection (a)(1) using a font and 
format that is at least as prominent, in size and 
appearance, as that used to post either the name 
or price of the Menu Item. 

(e) Range of nutritional information for 
different flavors and varieties. If a Chain 
Restaurant offers a Menu Item in more than one 
flavor or variety (such as beverages, ice cream, 
pizza, or doughnuts) and lists the item as a 
single Menu Item, the range of values for the 
nutritional information for all flavors and vari- 
eties of that item (i.e., the minimum to maxi- 
mum numbers of calories) shall be listed for each 
size offered for sale. 

(f) Disclaimers. Menus, Menu Boards, and 
Food Tags may include a disclaimer that indi- 
cates that there may be minimal variations in 
nutritional content across servings, based on 
slight variations in overall size and quantities of 
ingredients, and based on special ordering. 

(g) Verifiable and Reliable Information 
Required. 

(1) The nutrition information required by 
this section and Section 468.4 shall be based on 
a verifiable analysis of the Menu Item, which 
may include the use of nutrient databases, cook- 
books, laboratory testing, or other reliable meth- 
ods of analysis. 

(2) A Restaurant is in violation of this sec- 
tion and Section 478.4 if the provided nutritional 
information required by these sections: 

(i) Is not present in the location or in the 
form required by these sections: 

(ii) Is different than what the Restaurant 
knows or believes to be the true and accurate 
information; or 

(iii) Deviates from what actual analysis or 
other reliable evidence shows to be the average 
content of a representative sample of the Menu 
Item by more than 20%. 



(h) Food Items Excluded. This section 
and section 468.4 shall not apply to: 

(1) Items placed on the table or at a counter 
for general use without charge, such as, for 
example, condiments: 

(2) Alcoholic beverages; and 

(3) Items that are on the Menu, Menu Board 
or Food Tag for less than 30 days in a calendar 
year. (Added by Ord. 347-86, App. 8/15/86; Ord. 
40-08, File No. 071661, App. 3/24/2008) 

SEC. 468.4. NUTRITION INFORMATION 
REQUIRED TO BE DISCLOSED ON 
DISCLOSURE MEDIA OTHER THAN 
MENUS, MENU BOARDS AND FOOD 
TAGS. 

(a) Each Chain Restaurant shall make the 
following nutrition information available to con- 
sumers per Menu Item, as usually prepared and 
offered for sale, on the disclosure media provided 
for in subsection (c): calories, protein, carbohy- 
drates, total fat, saturated fat, trans fat choles- 
terol, fiber and sodium. The nutrition informa- 
tion shall consist of the following items: 

(1) A heading titled "Nutrition Information" 
or equivalent heading acceptable to the Depart- 
ment of Public Health. 

(2) The nutritional information required by 
Section 468.3(a). 

(3) Protein, fiber, total fat, and trans fat 
shall be expressed to the nearest gram per serv- 
ing. 

(4) Cholesterol shall be expressed to the 
nearest milligram per serving. 

(b) Customers must be able to obtain nutri- 
tion information without the necessity of pur- 
chasing food. 

(c) The information required by subsection 
(a) must be disclosed, in a size and typeface that 
is clear and conspicuous, on a printed poster of a 
size no smaller than eighteen (18) inches by 
twenty-four (24) inches, displayed in a conspicu- 
ous place and readily visible to customers either: 
(1) at the point of sale; (2) near the front door; (3) 
on or near the host/hostess desk or reception 



Supp. No. 15, March 2008 



Sec. 468.4. 



San Francisco - Health Code 



268 



area; or (4) at any point in or near the entryway 
or waiting area of the restaurant. (Added by Ord. 
347-86, App. 8/15/86; Ord. 40-08, File No. 071661, 
App. 3/24/2008) 

SEC. 468.5. REPORTING 
REQUIREMENTS. 

By July 1, 2008, and July 1st of every year 
thereafter, Chain Restaurants shall report to the 
Department of Public Health the information 
required by Sections 468.3 and 468.4 in an 
electronic format determined by the Depart- 
ment. The Department shall make this informa- 
tion available to the public. (Added by Ord. 
347-86, App. 8/15/86; Ord. 40-08, File No. 071661, 
App. 3/24/2008) 

SEC. 468.6. PENALTIES AND 
ENFORCEMENT. 

(a) Cumulative Remedies. The remedies 
provided by this section are cumulative and in 
addition to any other remedies available at law 
or in equity. 

(b) Administrative Remedies. The Direc- 
tor may enforce the provisions of Sections 468.3 
through 468.5 by serving a Notice of Violation 
requesting a Chain Restaurant to appear at an 
administrative hearing before the Director at 
least 20 days after the Notice of Violation is 
mailed. At the hearing, the Chain Restaurant 
cited with violating the provisions of these sec- 
tions shall be provided an opportunity to refute 
all evidence against it. The Director shall over- 
see the hearing and issue a ruling within 20 days 
of its conclusion. The Director's ruling shall be 
final. If the Director finds that a Chain Restau- 
rant has violated any of the provisions of Sec- 
tions 468.3 through 468.5 or refuses to comply 
with these sections, the Director may order ei- 
ther of the following penalties: 

(1) Suspension or revocation of the permit 
issued by the Director pursuant to Sections 451 
et seq. of this Code; or 

(2) An administrative fine in an amount (1) 
not exceeding one hundred dollars ($100.00) for 
a first violation; (2) not exceeding two hundred 
dollars ($200.00) for a second violation within 



one year; (3) not exceeding five hundred dollars 
($500.00) for each additional violation within one 
year. In assessing the amount of the administra- 
tive penalty, the Director shall consider any one 
or more of the relevant circumstances presented 
by any of the parties to the hearing, 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 oc- 
curred, the willfulness of the Chain Restaurant's 
misconduct, and the Chain Restaurant's assets, 
liabilities, and net worth. Any penalty assessed 
and recovered pursuant to this paragraph shall 
be paid to the City Treasurer and credited to the 
Department Environmental Health Section Spe- 
cial Revenue Account. 

(c) Civil Penalties. Violations of Sections 
468.3 through 468.5 are subject to a civil action 
brought by the City Attorney, punishable by a 
civil fine not less than two hundred fifty dollars 
($250.00) and not exceeding five hundred ($500.00) 
per violation. Unless otherwise specified in this 
section, each day of a continuing violation shall 
constitute a separate violation. In assessing the 
amount of the civil penalty, the court shall con- 
sider any one or more of the relevant circum- 
stances 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 as- 
sets, liabilities, and net worth. Any penalty as- 
sessed and recovered in an action brought pur- 
suant to this paragraph shall be paid to the City 
Treasurer and credited to the Department Envi- 
ronmental Health Section Special Revenue Ac- 
count. 

(d) Action for Injunction. The City Attor- 
ney may bring a civil action to enjoin a violation 
of Sections 468.3 through 468.5. 

(e) Aiding and Abetting. Causing, permit- 
ting, aiding, abetting, or concealing a violation of 
any provision of Sections 468.3 through 468.5 
shall also constitute a violation of this ordinance. 



Supp. No. 15, March 2008 



269 



Food and Food Products 



Sec. 470.1. 



(f) Enforcement Agency. The Department 
of Public Health shall supervise compliance with 
Sections 468.3 through 468.5 and shall enforce 
those sections. Notwithstanding, any other per- 
son legally permitted under federal law, under 
state law, under Sections 468.3 through 468.5, or 
under other provisions of this Code to enforce a 
provision of these sections may enforce that 
provision. Such persons may include, for ex- 
ample: peace officers; code enforcement officials; 
and City officials, employees, and agents. 

(g) Fees. In order to implement the require- 
ments set forth in this ordinance, the Depart- 
ment of Public Health is hereby authorized to 
impose a surcharge of $350.00 for the permit 
issued to Chain Restaurants pursuant to Sec- 
tions 451 et seq. of this Code. (Added by Ord. 
347-86, App. 8/15/86; Ord. 40-08, File No. 071661, 
App. 3/24/2008) 

SEC. 468.7. SEVERABILITY. 

It is the intent of the Board of Supervisors to 
supplement applicable State and Federal law 
and not to duplicate or contradict such law and 
this ordinance shall be construed consistently 
with that intention. If any section, subsection, 
subdivision, paragraph, sentence, clause or phrase 
of this ordinance, or its application to any person 
or circumstance, is for any reason held to be 
invalid or unenforceable, such invalidity or un- 
enforceability shall not affect the validity or 
enforceability of the remaining sections, subsec- 
tions, subdivisions, paragraphs, sentences, clauses 
or phrases of this ordinance, or its application to 
any other person or circumstance. The Board of 
Supervisors hereby declares that it would have 
adopted each section, subsection, subdivision, 
paragraph, sentence, clause or phrase hereof, 
irrespective of the fact that any one or more 
other sections, subsections, subdivisions, para- 
graphs, sentences, clauses or phrases hereof be 
declared invalid or unenforceable. (Added by 
Ord. 347-86, App. 8/15/86; Ord. 40-08, File No. 
071661, App. 3/24/2008) 

SEC. 468.8. OPERATIVE DATE. 

The disclosure requirements set forth in Sec- 
tions 468.3(b) (Menus), 468.3(d) (Food Tags), and 



468.4(c) (Posters), shall become operative ninety 
(90) days after the effective date of this ordi- 
nance. The disclosure requirements set forth in 
Section 468.3(c) (Menu Boards) shall become 
operative one hundred and fifty (150) days after 
its effective date. (Added by Ord. 347-86, App. 
8/15/86; Ord. 40-08, File No. 071661, App. 3/24/ 
2008) 

Sees. 469—469.10. Reserved. 

Editor's note: 

Ordinance 295-06, File No. 060944, Approved 
November 29, 2006, repealed sections 469 through 
469.10, which pertained to: Chlorofluorocarbon 
Processed Food Packaging — Findings; Defini- 
tions; Prohibition on Use of Chlorofluorocarbon 
Processed Food Packaging; Food Packaging — 
Proof of Compliance; Exceptions; Food Packag- 
ing — Existing Contracts; Penalties and Enforce- 
ment; City and County Purchases Prohibited; 
Conflict With Other Laws; Promoting Purposes of 
Legislation; and Severability. The user's atten- 
tion is directed to the Environmental Code, Sec- 
tions 1601—1611. 

SEC. 470.1. ESTABLISHMENT AND 
MEMBERSHIP OF FOOD SECURITY 
TASK FORCE. 

(a) Food Security Task Force. There is 
hereby established a Food Security Task Force of 
the City and County of San Francisco. Food 
security, for purposes of this ordinance, shall 
mean the state in which all persons obtain a 
nutritionally adequate, culturally acceptable diet 
at all times through local non-emergency sources. 

(b) Membership. The Task Force shall con- 
sist of up to 12 members as provided below. 
Voting members, other than department repre- 
sentatives and the School District representa- 
tive, shall serve at the pleasure of the Board of 
Supervisors. 

(1) Voting Members. The Board of Super- 
visors shall appoint one voting member from the 
Department of Human Services of the Human 
Service Agency, the Department of Aging and 
Adult Services of the Human Services Agency, 
the Department of Public Health, the Depart- 



Supp. No. 15, March 2008 



Sec. 470.1. 



San Francisco - Health Code 



270 



ment of Children, Youth and their Families, the 
Mayor's Office on Community Development, and 
the Recreation and Park Department. The Clerk 
of the Board of Supervisors shall invite the San 
Francisco Unified School District to submit a 
representative for appointment by the Board as 
a voting member of the Task Force. 

In addition, the Board may appoint as voting 
members of the Task Force up to four represen- 
tatives of community-based organizations that 
provide nutritional support and increase the food 
security of San Francisco residents. Such com- 
munity members may include but are not limited 
to representatives from the San Francisco Food 
Bank or St. Anthony's Foundation. No organiza- 
tion shall have more than one representative on 
the Task Force. 

Members other than department representa- 
tives shall serve at the pleasure of the Board of 
Supervisors. 

(2) Non-Voting Members. The Task Force 
shall invite federal agencies, such as the United 
States Department of Agriculture, Food and Nu- 
trition Services, to send a representative to sit as 
a non-voting member of the Task Force. 

(c) Staffing. The Department of Public 
Health, Nutrition Services, shall provide clerical 
assistance and logistical support to the Task 
Force and its committees. 

(d) Purposes of Task Force; Strategic 
Plan. The Food Security Task Force shall recom- 
mend to the Board of Supervisors legislative 
action and city-wide strategies that would in- 
crease participation in federally funded pro- 
grams such as the Food Stamp program, Sum- 
mer Food Service, the Child and Adult Care Food 
Program, the Homeless Children Nutrition Pro- 
gram, the Special Supplemental Nutrition Pro- 
gram for Women, Infants and Children (WIC), 
the National School Lunch Program and the 
National School Breakfast Program. The Task 
Force shall also provide general advice and as- 
sistance to the Board of Supervisors with regard 
to funding priorities, legislative action, and city 
policies on addressing hunger and enhancing the 



food security of San Francisco residents in addi- 
tion to any other issues within the Task Force's 
expertise. 

To accomplish these goals, the Food Security 
Task Force shall prepare a written, comprehen- 
sive, and coordinated strategic plan setting forth 
its recommendations and suggestions on imple- 
mentation. The Task Force shall submit the plan 
to the Board of Supervisors within twelve months 
after the first meeting of the Task Force. The 
Board of Supervisors may adopt legislation to 
support the plan. 

Thereafter, the Task Force shall submit sta- 
tus reports on progress toward implementing the 
plan and meeting the plan's goals to the Board 
bi-annually. (Added by Ord. 206-05, File No. 
050741, App. 8/12/2005; Ord. 19-08, File No. 
071668, App. 2/15/2008) 

SEC. 470.2. SUNSET PROVISION. 

One year after the passage of this ordinance, 
the Food Security Task Force shall submit a 
recommendation to the Board of Supervisors on 
whether the Task Force should continue in op- 
eration. Unless the measure creating the Task 
Force is reauthorized and extended by the Board 
by resolution prior to January 31, 2009, Sections 
470.1 and 470.2 shall expire by operation of law 
and the City Attorney shall cause those sections 
to be removed from future editions of the Code. 
(Added by Ord. 206-05, File No. 050741, App. 
8/12/2005; Ord. 19-08, File No. 071668, App. 
2/15/2008) 



[The next page is 301] 



Supp. No. 15, March 2008 



ARTICLE 9: DAIRY AND MILK CODE 



Sec. 481. Standards and Requirements. 

Sec. 483.5. Raw Milk Warnings. 

Sec. 486. Right of Entry and Inspection. 

Sec. 487. Right to Take Samples. 

Sec. 490. Penalty. 

SEC. 481. STANDARDS AND 
REQUIREMENTS. 

Market milk for sale and distribution for 
human consumption in San Francisco shall be 
the product of healthy animals as determined by 
an Approved Milk Inspection Service, and except 
for certified milk shall be pasteurized before 
delivery to the ultimate consumer, shall contain 
no pathogenic organisms and shall conform to 
the minimum requirements and standards estab- 
lished by the Agricultural Code of California. 
(Amended by Ord. 366187, App. 9/2/87) 

SEC. 483.5. RAW MILK WARNINGS. 

No person, partnership, firm or corporation 
acting directly or through their agents, servants 
or employees shall offer or expose for sale or sell 
any raw milk products without first posting a 
warning sign as provided for in this section. The 
warning sign shall be posted immediately adja- 
cent to any raw milk product offered or exposed 
for sale and shall be clearly visible to the patron 
at the point of sale. Such sign shall be not less 
than eight inches by 11 inches in size and shall 
be printed on a contrasting background and in a 
legible manner, conveying the following warn- 
ing: 

"WARNING: Raw milk products are not pas- 
teurized and may contain organisms that cause 
human disease. They therefore should not be 
consumed by the very young; the very old; per- 
sons with illnesses which alter, or who take 
drugs which affect, the immune systems; and 
persons with severe chronic medical problems." 

The word "WARNING" shall be in a print of 
84 point height and Helvetica type and the 



remainder of the text in a print of 24 point height 
and in Helvetica medium face, Futura medium 
face or Universe 65 type. (Added by Ord. 375184, 
App. 8/31/84) 

SEC. 486. RIGHT OF ENTRY AND 
INSPECTION. 

In order to carry out purposes and provisions 
of this Article, the said Director of Public Health 
and all his authorized officers, agents and em- 
ployees shall have the right at any time and at 
all times to enter upon or into the premises of 
any producer, processor, vendor or distributor of 
milk, cream or milk food products and imitations 
thereof authorized under the provisions of this 
Article, and any refusal upon the part of such 
producer, processor, vendor or distributor to al- 
low such entry and such inspection as may be 
required and directed by the said Director of 
Public Health may be punished by the revocation 
of the permit of such producer, processor, dis- 
tributor or vendor by the said Director of Public 
Health. 

The Director of Public Health and all his 
officers, agents and employees shall have the 
right and it shall be their duty to enter and have 
full access, egress and ingress to all places where 
milk, cream and milk food products and imita- 
tions thereof are stored and kept for sale, and to 
all automobiles, motor trucks or other vehicles, 
railroad cars, streamboats, or conveyances of 
every kind used for the conveyance or transpor- 
tation or delivery of milk, cream or milk food 
products and imitations thereof for the purpose 
of consumption in the City and County of San 
Francisco. 

It shall be unlawful for any person, or per- 
sons, firm or corporation to obstruct or interfere 
with the said Director of Public Health or any 
officer, agent or employee of said Director of 
Public Health in the performance of any of the 
duties required by this Article. 



301 



Sec. 487. San Francisco - Health Code 302 

SEC. 487. RIGHT TO TAKE SAMPLES. 

The Director of Public Health and all his 
authorized officers, agents and employees shall 
have the right at any time to take samples of 
milk, cream or milk food products and imitations 
thereof from any person storing, selling, expos- 
ing for sale, exchanging, transporting, deliver- 
ing, or distributing in the City and County of San 
Francisco, or shipping into said City and County 
milk, cream or milk food products and imitations 
thereof, provided that such samples shall not 
exceed in quantity one quart of milk and one 
quart of cream or milk food product or imitation 
thereof at any one time. 

SEC. 490. PENALTY. 

Any person, firm or corporation who shall 
violate any of the provisions of this Article shall 
be deemed guilty of a misdemeanor, and upon 
conviction thereof shall be punished by a fine of 
not less than $25 and not more than $500 or by 
imprisonment in the County Jail for not more 
than 100 days, or by both such fine and impris- 
onment. 



[The next page is 315] 



ARTICLE 10: ME AT AND ME AT PRODUCTS 



Sec. 535. Definitions. 

Sec. 536. Meat Inspection Brands. 

Sec. 537. State Laws. 

Sec. 539. Sale from Vehicles, Etc. 

Sec. 540. Penalty. 

Sec. 541. Exemptions. 

Sec. 546. Use of Dyes, Chemicals, Etc., in 

Meat or Meat Products. 
Sec. 547. Penalty. 

Sec. 552. Transportation of Uncovered 

Carcasses for Food Use. 
Sec. 553. Sale of Horse or Mule Meat 

Prohibited. 
Sec. 563. Keeping of Swine. 

Sec. 568. Meat Defined. 

Sec. 569. Meat Must be as Advertised. 

Sec. 570. False Advertising Prohibited. 

Sec. 574. Penalty. 

SEC. 535. DEFINITIONS. 

"Department" as used in this Article shall 
mean the Department of Public Health of the 
City and County of San Francisco. 

"The Director" as used in this Article shall 
mean the Director of Public Health of the City 
and County of San Francisco. 

The term "meat" as used in this Article shall 
mean the edible part of the carcass of any cattle, 
calf, sheep, lamb, goat or swine which is not 
manufactured, cured, smoked, processed or oth- 
erwise treated. 

"Meat food products" as used in this Article 
shall mean any article of food, or any article 
which enters into the composition of food for 
human consumption which is derived or pre- 
pared in whole or in part from any portion of the 
carcass of any of the animals mentioned in 
Section 536 of this Article, if such portion is all, 
or a considerable or definite portion of the ar- 
ticle, except such articles as meat juices or meat 



extracts which are only for medical purposes and 
are advertised only for medical purposes and are 
advertised only to the medical profession. 

"Federal inspection" as used in this Article 
shall mean any service for the inspection of meat 
and meat food products maintained by the gov- 
ernment of the United States. 

"State inspection" as used in this Article shall 
mean any service for the inspection of meat and 
meat food products maintained by the State of 
California. 

"Local inspection" as used in this Article shall 
mean any service for the inspection of meat and 
meat food products maintained by the City and 
County of San Francisco under approval of the 
Department of Agriculture of the State of Cali- 
fornia. 

"Other approved inspection services" as used 
in this Article shall mean any meat and meat 
food products inspection service maintained by 
any city or county, which said service has been 
approved and continues to be approved by the 
Department of Agriculture of the State of Cali- 
fornia. 

SEC. 536. MEAT INSPECTION BRANDS. 

No person, firm or corporation shall expose 
for sale or offer for sale, or sell or otherwise 
dispose of, or have in his possession, in the City 
and County of San Francisco, any meat of any 
cattle, calf, sheep, lamb, goat or swine or any 
meat food products thereof, which does not have 
thereon the inspection mark or brand and stamp 
of approval of either the federal inspection, state 
inspection, local inspection or other approved 
inspection service. If any carcass of any animal 
heretofore named or meat food products are 
kept, or offered for sale, or exposed within the 
City and County of San Francisco which does not 
bear one of the aforesaid stamps or brands, said 
Department shall take possession of and destroy 
said meat or meat food products. 

(a) No Meat Without Inspection to be 
Shipped. No person, firm or corporation shall 
ship, send, bring or cause to be brought into the 



315 



Sec. 536. 



San Francisco - Health Code 



316 



City and County of San Francisco, the meat of 
any cattle, sheep, lamb, goat or swine, or any 
meat food products thereof, which does not bear 
the meat inspection brand or other mark of 
identification recognized by the Department, 
and/or the Department of Agriculture of the 
State of California. 

(b) Calves. The carcasses of calves in good 
healthy condition and weighing more than 55 
pounds for smaller breeds or 65 pounds for larger 
breeds, exclusive of head, heart, lungs and liver, 
may be brought into the City and County of San 
Francisco, and each of said carcasses of such 
calves must be inspected and stamped and marked 
by the Department at the point of arrival of said 
carcasses of such calves in the City and County 
of San Francisco, or at their first place of rest. 

(c) Unsound, Unhealthful, Etc., Meats. 

All meats or meat food products which are un- 
sound, unhealthful, unwholesome or otherwise 
unfit for food, shall be stamped or otherwise 
marked by the Department "San Francisco De- 
partment of Public Health and Condemned" and 
shall be destroyed or otherwise disposed of as 
provided by rule of the Department. 

(d) Reinspection. All meats or meat food 
products sold or offered for sale in the City and 
County of San Francisco shall be subject to 
reinspection and condemnation by the Depart- 
ment. 

(e) Unlawful to Forge, Alter, Etc., Brands. 

It shall be unlawful for any person, firm or 
corporation to forge, counterfeit, simulate or 
falsely represent, or without proper authority to 
use or detach or wrongfully alter, deface or 
destroy any of the stamps or marks or brands 
recognized by the Department, on any cattle, 
calf, sheep, lamb, goat or swine, or any meat food 
products thereof, or any carcass, or any part of 
parts of any carcass or carcasses named in Sec- 
tion 536 of this Article, except that the processor 
thereof may remove or destroy any stamp or 
mark before said carcass or portion thereof is 
processed, or any retail butcher may destroy and 
stamp or mark before any portion of said carcass 
is delivered to the ultimate consumer thereof. 



(f) Authority to Make Regulations. The 

Department is authorized to adopt, promulgate 
and enforce such rules and regulations regarding 
the slaughterhouses and places where meat food 
products are manufactured, as well as such rules 
and regulations relative to the inspection of 
meats and meat food products, as will enable the 
Department to enforce and carry out the mean- 
ing and intent of this Article, and to maintain the 
standard of meat inspection of the Department 
of Agriculture of the State of California. 

SEC. 537. STATE LAWS. 

All of the provisions of the Agricultural Code 
of the State of California, as well as the rules and 
regulations made under authority of said Code, 
regarding the inspection and examination of any 
of the animals mentioned in Section 536 of this 
Article, as well as regarding the killing of said 
animals and the inspection, keeping and han- 
dling of the meat of said animals, and meatfood 
products thereof, except in so far as the same are 
changed or modified by this or other ordinances 
of the City and County of San Francisco, or by 
rules made under authority of said ordinances, 
shall apply to the inspection and examination 
and killing of said animals mentioned in said 
Section 536, and to the inspection, keeping and 
handling of the meat of said animals. 

SEC. 539. SALE FROM VEHICLES, ETC. 

All persons, firms or corporations selling, or 
offering for sale, any meat, or meat food products 
from any vehicle, wagon, truck, cart or automo- 
bile, shall keep said vehicle, wagon, truck, car or 
automobile in a clean and sanitary condition, 
and the same shall be subject to inspection by 
the Department. 

Any person, firm or corporation, without a 
fixed or established place of business within the 
City and County of San Francisco engaged in the 
business of selling, or offering for sale, any meat 
or meat food products from any vehicle, wagon, 
truck, cart or automobile, shall first obtain a 
permit from the Department. 

Each such vehicle shall have printed conspicu- 
ously on both sides the firm name, address and 
Department permit number of the vehicle in 



317 



Meat and Meat Products 



Sec. 563. 



letters and figures not less than three inches in 
height. (Amended by Ord. 93-68, App., 4-19-68). 

SEC. 540. PENALTY. 

Any person, firm or corporation, or their 
agents, violating any of the provisions of Sec- 
tions 535 to 539, inclusive, of this Article, or 
failing to comply with any direction or order of 
the Director of Public Health of the City and 
County of San Francisco, given pursuant to the 
provisions of this Article, or any agent of said 
Director, shall be guilty of a misdemeanor, and 
upon conviction shall be punished by a fine not 
less than $50, nor more than $500, or by impris- 
onment in the County Jail for a period of not less 
than 10 days nor more than three months, or by 
both such fine and imprisonment; and any viola- 
tion of the provisions of this Article shall subject 
the violator thereof to revocation of any and all 
permits held. 

SEC. 541. EXEMPTIONS. 

Any person, firm or corporation paying the 
fees provided in this Article shall be exempt from 
the payment of the fees provided for in Section 
228, Part III of this Municipal Code. 

SEC. 546. USE OF DYES, CHEMICALS, 
ETC., IN MEAT OR MEAT PRODUCTS. 

It shall be unlawful for any person, firm or 
corporation to sell, prepare for sale, offer for sale 
or have on hand for sale any meat or meat-food 
product which shall contain any substance which 
lessens its wholesomeness, or any drug, chemi- 
cal, dye or preservative, other than common salt, 
sugar, wood smoke, vinegar, pure spices or salt- 
peter. 

Whenever any conviction is sought under 
this section upon any alleged sample of meat or 
meat food product, it must clearly appear that 
the sample of meat or meat food product, it must 
clearly appear that the sample was taken in 
duplicate and one of said samples left with the 
accused or with his agent, servant or employee. 

SEC. 547. PENALTY. 

Any person, firm or corporation violating the 
provisions of Section 546 of this Article shall be 



guilty of a misdemeanor and upon conviction 
thereof, shall be punishable by a fine of not less 
than $25 nor more than $500 or by imprison- 
ment in the County Jail for not more than six 
months, or by both such fine and imprisonment. 

SEC. 552. TRANSPORTATION OF 
UNCOVERED CARCASSES FOR FOOD 
USE. 

It shall be unlawful for any person to trans- 
port any beef, mutton, veal, pork, or the carcass 
of any animal used for food, along any public 
street, unless it be so covered, or unless the 
vehicle in which it is transported be so con- 
structed, as to entirely protect the meat from 
dust and dirt, and so that the same may not be 
exposed to view. 

SEC. 553. SALE OF HORSE OR MULE 
MEAT PROHIBITED. 

It shall be unlawful to transport for sale, sell, 
offer for sale, or expose for sale, any horse meat 
or mule meat for human consumption within the 
City and County of San Francisco. 

SEC. 563. KEEPING OF SWINE. 

It shall be unlawful for any person, firm or 
corporation to keep or cause to be kept any swine 
in the City and County of San Francisco except 
as follows: 

For the sole purpose of loading, unloading, 
feeding and slaughtering of swine, the provisions 
of this section shall not apply to that part of the 
city and county bounded and described as fol- 
lows: 

Starting at the point of intersection of the 
southwesterly line of Arthur Avenue with the 
southeasterly line of Third Street or Railroad 
Avenue; then continuing along Arthur Avenue to 
the intersection with the northwesterly line of 
Keith Street; thence southeasterly along Keith 
Street to the northeasterly line of Fairfax Av- 
enue; thence northwesterly along the northeast- 
erly line of Fairfax Avenue to the southeasterly 
line of Third Street, also called Railroad Avenue; 
and thence northeasterly to Arthur Avenue and 
point of commencement; provided, that all build- 
ings and structures shall be built and main- 



Sec. 563. San Francisco - Health Code 318 

tained in accordance with the building laws 
applicable thereto; and provided, further, that a 
certificate of sanitation shall be obtained from 
the Director of Public Health for the mainte- 
nance or operation of said business or premises, 
and further provided that no swine shall be kept 
upon said premises or within the City and County 
of San Francisco for a period longer than 30 
days. 

SEC. 568. MEAT DEFINED. 

As used in this Article, "meat" shall mean the 
edible part of the carcass of any cattle, calf, 
sheep, lamb, goat or swine. 

SEC. 569. MEAT MUST BE AS 
ADVERTISED. 

Any class or cut of meat which is defined in 
Sections 568 to 572 inclusive, of this Article, 
must conform to such definition if advertised as 
such or offered for retail as such. 

SEC. 570. FALSE ADVERTISING 
PROHIBITED. 

It shall be unlawful for any person, firm, 
co-partnership, association or corporation, or any 
agent or employee thereof, selling or delivering 
or offering for sale or delivery meat at retail to 
misrepresent classes or "cuts" of meat as defined 
in Sections 568 to 572, inclusive, of this Article in 
their advertising or placards, or in any other 
manner whatsoever. 

SEC. 574. PENALTY. 

Any person violating any provisions of Sec- 
tions 568 to 574, inclusive, of this Article shall be 
guilty of a misdemeanor. 



[The next page is 331] 



ARTICLE 11: NUISANCES 



Sec. 580. Definitions. 

Sec. 581. Nuisance Prohibited. 

Sec. 585. Enforcement — Spoiled Food. 

Sec. 590. Discharge of Soot, Smoke, etc. 

Sec. 591. Penalty. 

Sec. 594. Certificate of Sanitation 

Required. 
Sec. 594.1. Hotel Defined. 
Sec. 594.2. Violation a Misdemeanor. 
Sec. 595. Inspection of Premises. 

Sec. 596. Enforcement. 

Sec. 597. Notice to Police Department. 

Sec. 598. Penalty for Resisting Order to 

Vacate. 
Sec. 599. Collection. 

Sec. 600. Penalty. 

Sec. 605. Poison Ivy and Poison Oak, 

Removal on Notice. 
Sec. 607. Enforcement. 

Sec. 608. Penalty. 

Sec. 609. Reinspection Fee Authorized. 

Sec. 609.1. Notice Upon Nonpayment. 
Sec. 609.2. Hearing Upon Nonpayment. 
Sec. 609.3. Lien Procedures Initiated Upon 

Nonpayment. 
Sec. 613. Operation of Gas Works 

Regulated. 
Sec. 614. Vacant Lot Dedication. 

Sec. 615. Discretionary Duties. 

Sec. 616. Disclaimer of Liability 

SEC. 580. DEFINITIONS. 

Unless otherwise specified, for the purposes 
of this Article, the following terms shall have the 
following meanings: 

(a) "Department" shall mean the San Fran- 
cisco Department of Public Health. 

(b) "Director" shall mean the Director of 
Public Health or his or her designee. 



(c) "Manager" shall mean the authorized 
agent for the Owner of a building, structure or 
property, who is responsible for the day-to-day 
operation of said building, structure or property. 

(d) "Owner" shall mean any Person who 
possesses, has title to or an interest in, harbors 
or has control, custody or possession of any 
building, property, real estate, personalty or chat- 
tel, and the verb forms of "to own" shall include 
all those shades of meaning. 

(e) "Person" shall mean and include corpo- 
rations, estates, associations, partnerships and 
trusts, one or more individual human beings, 
any department, Board or Commission of the 
City and County of San Francisco, and any 
agencies or instrumentalities of the State of 
California or the United States to the extent 
allowable by law. 

(f) "Responsible Party" shall include the 
Owner and/or Manager and/or any Person that 
created a condition that constitutes a nuisance 
as defined by this Article. (Added by Ord. 125-01, 
File No. 010269, App. 6/15/2001) 

SEC. 581. NUISANCE PROHIBITED. 

(a) No Person shall have upon any premises 
or real property owned, occupied or controlled by 
him, or her, or it any public nuisance. 

(b) The following conditions are hereby de- 
clared to be a public nuisance: 

(1) Any accumulation of filth, garbage, un- 
sanitary debris or waste material or decaying 
animal or vegetable matter unless such materi- 
als are set out for collection in compliance with 
Section 283 of this Code; 

(2) Any accumulation of hay, grass, straw, 
weeds, or vegetation overgrowth; 

(3) Any accumulation of waste paper, litter 
or combustible trash unless such materials are 
set out for collection in compliance with Section 
283 of this Code; 



331 



Sec. 581. 



San Francisco - Health Code 



332 



(4) Any buildings, structures, or portion 
thereof found to be unsanitary 

(5) Any matter or material which consti- 
tutes, or is contaminated by, animal or human 
excrement, urine or other biological fluids; 

(6) Any visible or otherwise demonstrable 
growth of mold or mildew in the interiors of any 
buildings or facilities; 

(7) Any pest harborage or infestation includ- 
ing but not limited to pigeons, skunks, raccoons, 
opossums, and snakes, except for pigeon harbor- 
ages that comply with Section 37(e) of this Code; 

(8) Any noxious insect harborage or infesta- 
tion including, but not limited to cockroaches, 
fleas, scabies, lice, spiders or other arachnids, 
houseflies, wasps and mosquitoes, except for 
harborages for honey-producing bees of the ge- 
nus Apis regulated by the California Food and 
Agriculture Code Sections 29000 et seq. which 
are not otherwise determined to be a nuisance 
under State law. 

(9) Any article of food or drink in the pos- 
session or under the control of any person which 
is tainted, decayed, spoiled or otherwise unwhole- 
some or unfit to be eaten or drunk. The term 
"food" as used in this subparagraph includes all 
articles used for food and drink by humans, 
whether simple, mixed or compound. 

(10) Any lead hazards which are within the 
control of the Owner or Manager of the building, 
structure or property. Unless otherwise stated in 
this Article, the term "lead hazards" as used in 
this subparagraph shall have the same meaning 
as that set forth in Section 1603 of this Code. For 
the purposes of this subparagraph, the term 
"children" as used in Section 1603 of this Code 
shall mean any person who is up to 72 months of 
age. For the purposes of this subparagraph, any 
paint, both interior and exterior, found on build- 
ings and other structures built before 1979 is 
presumed to be lead-based paint, such presump- 
tion may be rebutted by competent evidence 
demonstrating that such paint is not lead-based 
paint; 

(11) Any vacant lots, open spaces, and other 
properties in the City and County of San Fran- 
cisco, which become infested with poison oak 



(Toxicodendron diversilobum) or poison ivy shrub 
(Rhus toxicodendron) hereafter referred to as 
poisonous growth; 

(12) Any violation of Section 37 of this Code; 

(13) Any violation of Section 92 of this Code; 

(14) Any violation of Section 590 of this 
Article; 

(15) Anything else that the Director deems 
to be a threat to public health and safety. (Added 
by Ord. 125-01, File No. 010269, App. 6/15/2001) 

SEC. 585. ENFORCEMENT— SPOILED 
FOOD. 

In addition to any other enforcement authori- 
ties provided for in this Article, the Department 
is hereby authorized to seize, confiscate, con- 
demn, and destroy any article of food or drink 
that is a nuisance as set forth in Section 581(b)(9) 
of this Article. (Amended by Ord. 125-01, File 
No. 010269, App. 6/15/2001) 

SEC. 590. DISCHARGE OF SOOT, 
SMOKE, ETC. 

It shall be unlawful for any person, firm, 
association or corporation to operate or maintain 
within any residential or commercial district of 
the City and County of San Francisco, as defined 
in and by zoning ordinances from time to time in 
force, any permanently located furnace, fire-box 
or other device whereby petroleum, coal or other 
substance is consumed by fire which emits or 
causes to be emitted dense smoke as hereinafter 
defined; provided, however, that dense smoke 
may be emitted for a period of one minute to 
afford the operator time to locate the cause of 
such smoke, and provided, further, that dense 
smoke may be emitted during a period or periods 
aggregating not more than 10 minutes in any 
one hour during which the fireboxes, flues or 
furnaces are being cleaned, a new fire is being 
started or fires are being increased or decreased 
in intensity; provided, further, that portable boil- 
ers shall have screen bonnet on smoke-stack 
which shall prevent the escape of unreasonable 
quantities of oil or soot. Smoke shall be consid- 
ered dense within the meaning of this section 
when its density shall exceed the density desig- 



333 



Nuisances 



Sec. 594.2. 



nated as Diagram No. 3 upon the Ringelmann 
Smoke Chart published and used by the United 
States Bureau of Mines, a copy of which is on file 
in the office of the Clerk of the Board of Super- 
visors of the City and County of San Francisco. 

It shall be unlawful for any person, firm, 
association or corporation within any residential 
or commercial district aforesaid to cause, permit 
or allow solid particles of soot, ashes or cinders to 
issue or be discharged from any flue, chimney or 
smokestack or from any other structure or appli- 
ance for such a period of time or in such quanti- 
ties as to become a nuisance by reason of depos- 
iting such particles upon surrounding property. 

It shall be unlawful for any person, firm, 
association or corporation within the City and 
County of San Francisco to cause, permit or 
allow objectionable fumes to issue or be dis- 
charged from any flue, chimney or smokestack 
from any other structure or appliance for such 
period of time or in such quantities as to become 
a nuisance on account of causing obnoxious odors 
in any residential or commercial district afore- 
said. 

It shall be unlawful for any person, firm, 
association or corporation within any commer- 
cial district aforesaid to erect, construct or main- 
tain, or to cause or permit to be erected, con- 
structed or maintained, any permanently located 
stationary flue, chimney, or smokestack within 
50 feet of any window of any adjacent building 
unless the top of such flue, chimney or smoke- 
stack shall be higher than each portion of such 
window; provided, however, that this section 
shall not apply in any case where the persons 
owning and operating such adjacent building 
shall refuse to grant permission to brace or 
support such flue, chimney or smokestack by 
means of wire or struts attached to such build- 
ing. 

Representatives of the Department of Public 
Health of the City and County of San Francisco 
are hereby authorized to enter during reason- 
able hours upon any premises upon which is 
located any flue, chimney or smokestack or any 
other structure or appliance from which smoke, 
soot, ashes, cinders or fumes are discharged in 



violation of this section, for the purpose of mak- 
ing an examination as to the cause of the exces- 
sive discharge of such smoke, soot, ashes, cinders 
or fumes and the manner of using the same and 
any other fact or facts showing compliance with 
or violation of this section. Such representatives 
shall make report to the Department of Public 
Health of such examination within 10 days after 
receiving a complaint of violation of this Section. 

SEC. 591. PENALTY. 

Any person, firm, association or corporation 
who shall violate any of the provisions of Section 
590 of this Article shall be punishable by a fine 
not exceeding $50 or by imprisonment in the 
County Jail for not exceeding five days, or by 
both such fine and imprisonment. 

SEC. 594. CERTIFICATE OF 
SANITATION REQUIRED. 

Every person, firm, partnership or corpora- 
tion operating a hotel shall obtain from the 
Department of Public Health, a Certificate of 
Sanitation within one year following approval of 
this Ordinance. Said Certificate shall be valid for 
a period of one year from date of issuance, and 
shall be renewed following satisfactory reinspec- 
tion by the Department of Public Health on an 
annual basis, and shall be nontransferable and 
deemed revoked upon sale, transfer or assign- 
ment of the use for which the certificate was 
issued. (Added by Ord. 49-84, App. 1/31/84) 

SEC. 594.1. HOTEL DEFINED. 

Hotel is any building containing six or more 
guest rooms intended or designated to be used, 
or which are used, rented or hired out to be 
occupied or which are occupied for sleeping pur- 
poses by guests, whether rent is paid in money, 
goods, or services. (Added by Ord. 49-84, App. 
1/31/84) 

SEC. 594.2. VIOLATION A 
MISDEMEANOR. 

Any person who shall violate the provisions 
of Section 594 of this Article, shall be guilty of a 
misdemeanor, and each day's continuing offense 
shall constitute a separate and distinct violation. 



Sec. 594.2. 



San Francisco - Health Code 



334 



Upon conviction thereof, said person shall be 
punished by imprisonment in the County Jail 
not exceeding one year or a fine not exceeding 
$1,000. (Added by Ord. 49-84, App. 1/31/84) 

SEC. 595. INSPECTION OF PREMISES. 

It shall be the duty of the Department of 
Public Health upon application from any person, 
firm, or corporation operating a hotel, before 
issuing the certificate specified in Section 594, to 
cause the premises to be inspected for purpose of 
ascertaining whether said premises are free of 
nuisances and are in a sanitary condition for 
human habitation. (Added by Ord. 49-84, App. 
1/31/84) 

SEC. 596. ENFORCEMENT. 

(a) Complaints. Whenever a written or 
oral complaint is made to the Department that a 
nuisance as defined by Section 581 exists in a 
building or structure or on a property, the Direc- 
tor shall inspect the building, structure or prop- 
erty to verify the existence of a nuisance thereon. 

(b) Notice to Abate. Whenever the Direc- 
tor determines that a nuisance, as defined by 
Section 581 of this Article, exists in a building or 
structure or on a property, the Director shall 
cause a Notice to Abate to be served either 
personally or by first class mailing to the Respon- 
sible Parties. If the Notice to Abate is served on 
the Owner by mail, it shall be mailed to the 
address that appears on the last assessment 
rolls of the City and County of San Francisco. If 
the Notice to Abate is served on the Manager by 
mail, it shall be mailed to the Manager's princi- 
pal place of business or to the address of the 
building, structure or property. If the Notice to 
Abate is served on any other Person who created 
a condition that constitutes a nuisance, it shall 
be mailed to the Person's last known address at 
which such Person receives mail if ascertainable. 
Thereafter, the Director may cause a copy thereof 
to be posted in a conspicuous place on the build- 
ing, structure or property. The failure of the 
Responsible Parties to receive such notice when 
sent in the manner set forth in this Subsection 
shall not affect in any manner the validity of any 
proceeding against that party under this Article. 



(c) Order to Vacate. The Director may 
order a premises vacated if she or her deter- 
mines that relocation is warranted upon discov- 
ery of a nuisance, as defined by Section 581(b)(10) 
of the Health Code, or at the discretion of the 
Director, to protect the health of occupants. The 
order shall be to the affected tenant(s) and 
owner. A copy of the order shall be served upon 
the Owner and the affected tenant(s) and posted 
in conspicuous places at the affected premises. 
The order shall specify the time within which the 
premises is to be vacated and advise the tenants 
that they may be eligible for assistance pursuant 
to Chapter 72 of the San Francisco Administra- 
tive Code. The order shall further advise that the 
premise vacated hereunder shall not be reoccu- 
pied without written permission of the Director. 
Such permission shall be granted when the nui- 
sance, as defined by Section 581(b)(10) of the 
Health Code, is abated. 

(d) Notice to Pay Relocation Benefits. 

Whenever the Director determines that a nui- 
sance, as defined by Section 581(b)(10) of this 
Article, exists in a building or structure or on a 
property, and issues a Notice to Abate, pursuant 
to subsection (b) of this section, and an Order to 
Vacate, pursuant to subsection (c) of this Section, 
the Director shall issue to the Responsible Party 
a Notice to Pay Relocation Benefits to the af- 
fected tenant(s) pursuant to Chapter 72 of the 
San Francisco Administrative Code. The Direc- 
tor shall cause a Notice to Pay Relocation Ben- 
efits to be served either on the Responsible Party 
or sent by first class mailing to the Responsible 
Parties. If the Notice to Pay Relocation Benefits 
is served on the Owner by mail, it shall be mailed 
to the address that appears on the last assess- 
ment rolls of the City and County of San Fran- 
cisco. If the Notice to Pay Relocation Benefits is 
served on the Manager by mail, it shall be mailed 
to the Manager's principal place of business or to 
the address of the building, structure or prop- 
erty. Thereafter, the Director may cause a copy 
thereof to be posted in a conspicuous place on the 
building, structure or property. The failure of 
Responsible Parties to receive such notice when 
sent in the manner set forth in this Subsection 



335 



Nuisances 



Sec. 596. 



shall not affect in any manner the validity of any 
proceeding against that party under this Article. 

(e) Contents of Notice to Abate or No- 
tice to Pay Relocation Benefits. 

(1) The Notice to abate shall state with 
reasonable specificity a description of the nui- 
sance such that the Responsible Parties can 
reasonably understand the nature of the nui- 
sance to be abated. The Notice to abate shall 
direct the Responsible Parties to abolish, abate, 
and remove the nuisance within a reasonable 
period of time set by the Director given the 
nature and severity of the nuisance and any 
other circumstances of which the Director is 
aware. Such time period shall not exceed 30 
days. 

(2) The Notice to Pay Relocation Benefits 
shall state the Director has determined that the 
affected tenant(s) are eligible for relocation ben- 
efits as described in San Francisco Administra- 
tive Code Chapter 72 such that the Responsible 
Parties can reasonably understand the nature of 
their obligations under Chapter 72. The Notice 
to Pay Relocation Benefits shall direct the Re- 
sponsible Parties to commence making the re- 
quired relocation payments to the affected ten- 
ants) at least 12 hours prior to the date that the 
affected tenant(s) must vacate the unit. 

(3) The notices shall further advise the Re- 
sponsible Parties that if they fail to comply with 
the notice, the Director may: (A) hold a Director's 
Hearing to be held to consider whether it would 
be appropriate to issue a Director's Order to 
abate the nuisance and other appropriate orders 
as provided for in this Article or (B) cause the 
abatement and removal of the nuisance and the 
Owner shall be indebted to the City and County 
of San Francisco for the costs, charges, and fees 
incurred by the City and County of San Fran- 
cisco by reason of the abatement and removal of 
such nuisance or (C) offer relocation services to 
the affected tenant(s) and the Owner shall be 
indebted to the City and County of San Francisco 
for the costs, charges, and fees incurred by the 
City and County of San Francisco by reason of 
the provision of the relocation services. 



(4) The notices shall inform the Responsible 
Party that they may be liable for other charges, 
costs, including administrative costs, expenses 
incurred by the Department, fines, and penalties 
as provided for in this Article. 

(5) The notices shall state the name, busi- 
ness address and telephone number of the De- 
partment staff who may be contacted regarding 
the building, structure or property in question. 

(6) At the discretion of the Director and to 
assure lawful disposal of any items constituting 
a nuisance in whole or in part, the notice may 
contain a requirement that the Responsible Party 
abating the nuisance or making the relocation 
payments provide to the Director proof of lawful 
disposal of such items or the payment of such 
relocations benefits, and the form of such proof 
acceptable to the Director. 

(f) Action by the Director. If the nuisance 
is not abated and removed within the time pe- 
riod set forth in the notice, or the relocation 
benefits are not made within the time period set 
forth in the notice, the Director shall either: (1) 
hold a Director's Hearing in accordance with this 
Section or (2) abate and remove the nuisance as 
soon as practicable or (3) offer relocation services 
to the affected tenant(s). The Owner shall be 
assessed a re-inspection fee as provided in Sec- 
tion 609 of this Code to cover the Department's 
costs incurred to verify the abatement of the 
nuisance. 

(g) Notice of Hearing. 

(1) If the Responsible Parties failed to com- 
ply with the Notice to Abate or the Notice to Pay 
Relocation Benefits, the Director may hold a 
hearing by serving a copy of the Notice to Abate 
or the Notice to Pay Relocation Benefits, to- 
gether with a notice of the time and place set for 
the hearing thereof, by personal service or by 
certified mail upon the Responsible Parties. The 
Director shall post a copy of the Notice to Abate 
or the Notice to Pay Relocation Benefits, to- 
gether with the Notice of Hearing in conspicuous 
places throughout the building, structure or prop- 
erty. The time fixed for the hearing shall not be 
less than 30 days after service and posting of the 
copy of the Notice of Hearing; except in those 



Sec. 596. 



San Francisco - Health Code 



336 



circumstances where the Director has issued a 
written determination that the nuisance consti- 
tutes a severe and immediate hazard to life, 
health or safety, in which case the time fixed for 
the hearing shall not be less than 12 hours after 
personal service and posting the Notice of Hear- 
ing. The Notice of Hearing shall inform all per- 
sons interested to appear at the hearing to show 
cause, if any, why the building, structure, or 
property should not be declared a nuisance or in 
the case where the Department has abated and 
removed the nuisance, why a lien should not be 
placed against the property for the costs incurred 
by the Department. In the case of unsanitary 
buildings, said notice shall also state that the 
hearing may result in the revocation of the 
certificate of sanitation, if any, and the manda- 
tory vacation of occupants from the building. 

(2) If the Notice of Hearing is served by 
certified mail on the Owner, the Director shall 
mail the Notice of Hearing to the address as it 
appears on the last assessment rolls of the City 
and County of San Francisco. If the Notice is 
served by certified mail on the Manager, the 
Director shall mail the Notice of Hearing to the 
Manager's principal place of business, if any, or 
to the address of the building, structure or prop- 
erty in question. If the Notice of Hearing is 
served by certified mail on any Person who 
created the condition that constitutes a nui- 
sance, the Director shall mail the Notice of 
Hearing to the last known address of such Per- 
son at which it receives mail, if ascertainable. 
The failure of the Responsible Parties to receive 
such notice when sent in the manner set forth in 
this Subsection shall not affect in any manner 
the validity of any proceeding under this Article. 

(h) Director's Hearing. A public hearing 
shall be held at the time and place designated in 
the Notice of Hearing. Subject to the procedures 
prescribed by the Director for the orderly con- 
duct of the hearing, all persons having an inter- 
est in the building, structure or property in 
question or having knowledge of facts material 
to the Notice to Abate or the Notice to Pay 
Relocation Benefits may present evidence for 



consideration by the Director. Any hearing con- 
ducted pursuant to this Section shall be electroni- 
cally recorded. 

(i) Director's Order. 

(1) Within 30 days after the conclusion of 
the hearing, the Director shall issue a written 
order setting forth finding of facts and a deter- 
mination based upon the facts found in the 
record whether or not a nuisance, as defined by 
Section 581, exists or had existed in the building 
or structure or on the property and if the Depart- 
ment abated and removed the nuisance, the 
costs of abatement and removal of the nuisance 
by the Department, or a written order setting 
forth finding of facts and determination based 
upon the facts found in the record whether or not 
the relocation benefits have been paid and if the 
Department arranged for the relocation of the 
affected tenant(s), the costs of that relocation to 
the Department. The order shall be served on the 
Responsible Parties in the same manner as set 
forth in Subsection (e) of this Section and shall 
be served on all other parties who provided 
testimony at the hearing by first class mail if 
such parties request at or before the hearing that 
the order be sent to them. 

(2) Upon a finding that a nuisance exists in 
the building or structure or on the property, or a 
finding that appropriate relocation benefits have 
not been paid, the Director shall require in the 
order the abatement of the nuisance or the 
payment of the benefits within a specified time 
period not to exceed 30 days. The time period 
shall be determined based on the nature and 
severity of the nuisance and any other circum- 
stances of which the Director is aware. The order 
shall state either that, failure to abate and 
remove the nuisance will result in the abatement 
of the nuisance by the Department and that the 
Owner shall become indebted to the City and 
County of San Francisco for the costs, charges, 
and fees incurred by reason of the abatement 
and removal of such nuisance upon demand, or 
that failure to make the relocation benefit pay- 
ments will result in the offering of relocation 
services to the affected tenant(s) by the Depart- 
ment and that the Owner shall become indebted 



337 



Nuisances 



Sec. 598. 



to the City and County of San Francisco for the 
costs, charges, and fees incurred by reason of the 
making such relocation services available upon 
demand. The order shall inform the Responsible 
Parties that it shall be indebted to the City and 
County of San Francisco for all administrative 
costs incurred by the Department in the prosecu- 
tion of the abatement action or the prosecution of 
the relocation benefit payment action and that 
such costs are due upon demand. The order shall 
further state that failure to pay such costs, 
charges, and fees may result in a lien against the 
property. The order shall require the Responsible 
Parties to abate and remove the nuisance in 
compliance with all applicable federal, State, 
and local laws and regulations or shall require 
the Responsible Parties to make the relocation 
benefit payments in compliance with all appli- 
cable local laws. 

(3) In the case where Director determines 
that a nuisance had existed and that the Depart- 
ment had abated and removed the nuisance, or 
where the Director determines that the reloca- 
tion benefits were owed to the affected tenant(s) 
and the Director provided relocation services to 
the affected tenant(s), the order shall itemize the 
costs of abatement and removal or provision of 
relocation services and all administrative costs 
incurred by the Department. The order shall 
notify the Owner that a lien will be assessed 
against the property for any outstanding costs if 
the Owner fails to reimburse the Department for 
the costs incurred by the Department as a result 
of the abatement and removal of the nuisance or 
the provision of relocation services within ten 
(10) days of the service of the order and that the 
lien shall also include additional charges for 
administrative expenses of $1,000 or 10 percent 
of the costs of abatement and removal, which- 
ever is higher, and interest at a rate of IV2 
percent per full month compounded monthly 
from the date of recordation of the lien on all fees 
and charges due as aforesaid. 

(4) The order shall advise the Responsible 
Parties that the order issued is final and of the 
Owner's right to petition the Superior Court of 
San Francisco for appropriate relief pursuant to 
Section 1094.6 of the California Code of Civil 



Procedures. The order shall notify the Owner 
that the filing of a petition with the Superior 
Court shall not automatically stay the effective- 
ness of the order or extend the time period in 
which the Responsible Parties have to abate the 
nuisance. 

(5) In case of an unsanitary building, the 
Director shall revoke the certification of sanita- 
tion, if the building is a hotel and may order the 
vacation of any unsanitary building for all pur- 
poses, and shall cause a copy of said order to be 
posted in conspicuous places throughout the afore- 
said structure, building or part thereof deter- 
mined by the Director to be a. nuisance, and a 
copy thereof is to be personalty served upon the 
Owner thereof or his agent, or the lessee or the 
occupant thereof. The order shall specify the 
time within which said structure, building or 
part thereof determined by the Director to be a 
nuisance shall be vacated. The order shall fur- 
ther advise that structure, building or part thereof 
vacated hereunder shall not be reoccupied with- 
out the written permission of the Director. Such 
permission shall be granted when the nuisance 
cited is abated within the time set forth in the 
order. 

(j) Regulations. The Director is hereby em- 
powered to promulgate administrative regula- 
tions to implement the provisions of this Article 
and applicable provisions of State law. (Amended 
by Ord. 510-84, App. 12/21/84; Ord. 125-01, File 
No. 010269, App. 6/15/2001; Ord. 99-04, File No. 
031992, App.. 6/4/2004) 

SEC. 597. NOTICE TO POLICE 
DEPARTMENT. 

The Director of Public Health shall give writ- 
ten notification thereof to the Chief of Police, 
who shall thereupon, through the officers of the 
Police Department, execute and enforce the said 
order of vacation. 

SEC. 598. PENALTY FOR RESISTING 
ORDER TO VACATE. 

Any Owner, or the agent of such Owner, or 
the lessee, or the occupant of any building, 
structure, property or part thereof ordered va- 
cated hereunder who shall herself or himself or 



Sec. 598. 



San Francisco - Health Code 



338 



through others forcibly resist or prevent the 
enforcement of such order shall be guilty of a 
misdemeanor and upon conviction thereof shall 
be punished by a fine of not less than $100, and 
not more than $1,000, or by imprisonment in the 
County Jail for a period of not less than 10 days 
nor more than three months, or by both such fine 
and imprisonment. (Amended by Ord. 125-01, 
File No. 010269, App. 6/15/2001) 

SEC. 599. COLLECTION. 

(a) Notice of Cost and Claim of Lien. 

(1) Upon satisfactory compliance of the 
Director's order, the Director shall ascertain the 
administrative costs incurred by the Depart- 
ment and the Owner of such real property shall 
thereupon be obligated to the City and County of 
San Francisco in the amount of such administra- 
tive costs. The City and County of San Francisco 
shall thereupon have a lien for such costs upon 
such real property until payment thereof, which 
lien shall also include additional charges for 
administrative expenses of $1,000, or 10 percent 
of the costs of abatement and removal, which- 
ever is higher, and interest at a rate of IV2 
percent per full month compounded monthly 
from the date of recordation of the lien on all fees 
and charges due as aforesaid. The Director shall 
cause a notice itemizing the administrative costs 
to be mailed in the manner herein provided for 
mailing Notice of Hearing, which notice shall 
demand payment thereof to the Department, 
and shall give notice of claim of such lien and of 
the recording of the same, in the event such 
amount is not paid, as hereinafter set forth. 

(2) Upon the Responsible Parties' failure to 
comply with the Director's order and the comple- 
tion of the abatement and removal of the nui- 
sance by the Department, the Director shall, in 
addition to ascertaining the administrative costs 
as set forth in subparagraph (1) of this Section, 
ascertain the costs of abatement and removal 
incurred by the City and the Owner of such real 
property shall thereupon be obligated to the City 
and County of San Francisco in the amount of 
such costs of abatement and removal. In addition 
to the lien provided for in subparagraph (1) of 
this Section, the City and County of San Fran- 



cisco shall have a lien for such costs of abatement 
and removal upon such real property until pay- 
ment thereof, which lien shall also include addi- 
tional charges for administrative expenses of 
$1,000, or 10 percent of the costs of abatement 
and removal, whichever is higher, and interest at 
a rate of IV2 percent per full month compounded 
monthly from the date of recordation of the lien 
on all fees and charges due as aforesaid. The 
Director shall cause a notice itemizing the cost of 
abatement and removal to be mailed in the 
manner herein provided for mailing Notice of 
Hearing, which notice shall demand payment 
thereof to the Department, and shall give notice 
of claim of such lien and of the recording of the 
same, in the event such amount is not paid, as 
hereinafter set forth. 

(b) Recording of Lien. If the costs as 
provided for in subsection (a) of this Section are 
not paid to the Department within 45 days after 
mailing of notice thereof, the Director shall file 
in the Office of the Recorder of the City and 
County a verified claim containing a particular 
description of the property subject to such lien, 
the place and general nature of the administra- 
tive costs and of the abatement and removal for 
which the lien is claimed, the date of posting of 
said property, the date of the service of Notice to 
Abate and the Director's order, and the date of 
the removal of the nuisance, the name of the 
Owner of the property as aforesaid and the 
amount of the lien claimed, which shall include 
the cost of verification and filing thereof. 

(c) Collection by Bureau of Delinquent 
Revenue. The Director shall also transmit to 
the Bureau of Delinquent Revenue, on the expi- 
ration of such 45-day period, a statement of each 
such unpaid costs, together with the cost of 
verification and filing and claim therefor. The 
bureau shall endeavor diligently to collect the 
same on behalf of the City and County by fore- 
closure of the lien therefor or otherwise. Any and 
all amounts paid or collected shall replenish the 
revolving fund hereinafter provided. 

(d) Release of Lien. On payment of any 
such claim of lien, the Director shall give a 
release thereof. 



339 



Nuisances 



Sec. 599. 



(e) Continuing Appropriation Account. 

There is hereby created a Special Revenue Fund 
for a continuing appropriation account entitled 
"Payment of Property Owner's Delinquencies for 
Abatement and Removal of Nuisances." 

The account shall be credited with such sums 
as may be appropriate by the Board of Supervi- 
sors, amounts collected by the Department and 
sums received in consideration of release of liens 
and payment of special assessments. Expendi- 
tures from said sums shall be made to pay for the 
abatement and removal of nuisances as provided 
in this Article. In the event that the unexpended 
balance in said account shall exceed $200,000 
such excess shall be transferred to the unappro- 
priated balance of the general fund. 

(f) Collection of Expenses as a Special 
Assessment. The Director may initiate proceed- 
ings to make unpaid expenses for the adminis- 
tration of the abatement action and for the 
abatement and removal of nuisances a special 
assessment against the parcels of property from 
which the nuisance was abated and removed by 
the Department. 

(g) Report of Delinquencies Transmit- 
ted to Board of Supervisors. A report of de- 
linquent charges shall be transmitted to the 
Board of Supervisors by the Director as neces- 
sary, but in no event less often than once each 
year, commencing with the first anniversary of 
the date of enactment of this ordinance. Upon 
receipt by the Board of Supervisors of the report, 
it shall fix a time, date and place for hearing the 
report and any protests or objections thereto. 

(h) Notice of Hearing. The Board of Su- 
pervisors shall cause notice of the hearing to be 
mailed to the Owner of the real property and any 
person or entity with a recorded interest in the 
property to which the service was rendered not 
less than 10 days prior to the date of hearing. 

(i) Hearing. At the time for consideration 
of the report, the Board of Supervisors shall hear 
it with any objections of the Owners liable to be 
assessed for all administrative costs incurred 
and the costs of abatement and removal by the 
Director, if any. The Board of Supervisors may 
make such revisions, corrections or modifica- 



tions of the report as it may deem just and, in the 
event that the Board of Supervisors is satisfied 
with the correctness of the report (as submitted 
or as revised, corrected or modified), it shall be 
confirmed or rejected by resolution. The decision 
of the Board of Supervisors on the report and on 
all protests or objections thereto shall be final 
and conclusive. 

(j) Collection of Assessment. Upon con- 
firmation of the report by the Board of Supervi- 
sors, the delinquent charges contained therein 
shall constitute a special assessment against the 
property to which the services were rendered. At 
the time the special assessment is imposed, the 
Director shall give notice to the Owner and other 
parties with an interest in the property by certi- 
fied mail, and shall inform them that the prop- 
erty may be sold by the Tax Collector for unpaid 
delinquent assessments after three years. There- 
after, said assessment may be collected at the 
same time and in the same manner as ordinary 
municipal taxes are collected and shall be sub- 
ject to the same penalties and same procedure of 
sale as provided for delinquent, ordinary munici- 
pal taxes. 

The assessments shall be subordinate to all 
existing special assessment liens previously im- 
posed upon the property and paramount to all 
other liens except those for State, county and 
municipal taxes with which it shall be on parity. 
Such assessment lien shall continue until the 
assessment and all interest and penalties due 
and payable thereon are paid. All laws applicable 
to the levy, collection and enforcement of munici- 
pal taxes shall be applicable to said special 
assessments. However, if any real property to 
which the costs of abatement and removal re- 
lates has been transferred or conveyed to a bona 
fide purchaser for value or if a lien of a bona fide 
encumbrancer for value has been created and 
attaches thereon, prior to the date on which the 
first installment of taxes would become delin- 
quent, then the costs of abatement and removal 
shall not result in a lien against the real prop- 
erty but instead shall be transferred to the 
unsecured roll for collection. 



Supp. No. 10, July/August 2007 



Sec. 599. 



San Francisco - Health Code 



340 



(k) Severability. If any part or provision of 
this Article or application thereof, to any person 
or circumstance is held invalid, the remainder of 
the ordinance, including the application of such 
part or provision to other persons or circum- 
stances shall not be affected thereby and shall 
continue in full force and effect. To this end the 
provisions of this ordinance are severable. 
(Amended by Ord. 432-81, App. 8/21/81; Ord. 
125-01, File No. 010269, App. 6/15/2001) 

SEC. 600. PENALTY. 

In addition to any other penalties provided in 
this Article, any person, or their agents, violating 
any of the provisions of this Article, or failing to 
comply with any direction or order of the Direc- 
tor given pursuant to the provisions of this 
Article, shall be guilty of a misdemeanor, and 
upon conviction thereof shall be punished by a 
fine of not less than $100 and not more than 
$1000, or by imprisonment if the County Jail for 
a period of not less than 10 days nor more than 
three months, or by both such fine and impris- 
onment. 

As an alternative to any other fines and 
penalties applicable to a violation of subpara- 
graphs (b)(1), (b)(2) or (b)(3) of Section 581, any 
person or their agents who are in violation of one 
or more of those subparagraphs shall be subject 
to an administrative penalty not to exceed $1,000 
for each violation. The administrative penalty 
shall be assessed, enforced and collected in ac- 
cordance with Section 39-1 of the Police Code. 
(Amended by Ord. 125-01, File No. 010269, App. 
6/15/2001; Ord. 87-03, File No. 030482, App. 
5/9/2003; Ord. 292-04, File No. 040561, App. 
12/24/2004) 

SEC. 605. POISON IVY AND POISON 
OAK, REMOVAL ON NOTICE. 

Any Owner permitting poisonous growth as 
defined in Section 581(b)(ll) is required to cause 
the removal and destruction of such poisonous 
growth when ordered by the Director pursuant 
to this Article. (Amended by Ord. 125-01, File 
No. 010269, App. 6/15/2001) 



Sec. 606. 

(Repealed by Ord. 125-01, File No. 010269, App. 
6/15/2001) 

SEC. 607. ENFORCEMENT. 

The Department is hereby charged with the 
proper enforcement of Section 605 of this Article. 
(Amended by Ord. 125-01, File No. 010269, App. 
6/15/2001) 

SEC. 608. PENALTY. 

Any person, firm, association or corporation, 
neglecting or refusing to remove and destroy 
such poisonous growth within the time period set 
by the Director under this Article shall be guilty 
of a misdemeanor and upon conviction thereof 
shall be subject to a fine of not more than $1,000 
or by imprisonment in the County Jail for a 
period of not less than 15 days, or by both such 
fine and imprisonment. (Amended by Ord. 125- 
01, File No. 010269, App. 6/15/2001) 

SEC. 609. REINSPECTION FEE 
AUTHORIZED. 

If an inspection by a representative of the 
Department of Public Health discloses a viola- 
tion of any provision of this Code or of any State 
law for which the Department is responsible for 
enforcement, the Department shall determine a 
period of time that is reasonable to correct the 
violation and shall thereafter reinspect the prop- 
erty to verify such correction. The Department 
shall collect a fee from the legal owner of the 
property in the amount of $63 to compensate the 
Department for its costs in performing the rein- 
spection. Reinspections which require more than 
one hour to complete shall be subject to an 
additional fee at the rate of $15 for each quarter- 
hour or part thereof beyond the first 60 minutes. 
If more than one reinspection is necessary to 
secure correction of the violation, the Depart- 
ment shall collect a fee in the amount set forth 
herein for each reinspection. (Added by Ord. 
299-91, App. 7/29/91; amended by Ord. 121-97, 
App. 4/9/97) 

SEC. 609.1. NOTICE UPON 
NONPAYMENT. 

The Department shall send a written notice 
to the legal owner of the property requesting 



Supp. No. 10, July/August 2007 



341 



Nuisances 



Sec. 609.3. 



payment of the reinspection fees levied pursuant 
to Section 609. The notice shall request that the 
fees be paid within 30 days of the date of notice 
and shall warn the owner of possible penalties 
and interest fees if payment is not made within 
that time. If payment is not received, the Depart- 
ment shall send a second request stating that 
the legal owner is liable for payment of the cost 
indicated on the notice and that if the Depart- 
ment does not receive payment within 30 days of 
the date of the second request, a penalty of $40 or 
10 percent of the amount due, whichever is 
greater, plus interest at the rate of one and V2 
percent per month on the outstanding balance, 
shall be added to the amount otherwise due. 

Interest fees, if imposed, shall accrue begin- 
ning on the date of the second notice. The second 
request shall also notify the owner of the prop- 
erty that the City is authorized by the provisions 
of this Section to enforce payment of reinspection 
fees and penalty and interest payments by the 
imposition of a lien on the property. (Added by 
Ord. 299-91, App. 7/29/91) 

SEC. 609.2. HEARING UPON 
NONPAYMENT. 

If the Department does not receive payment 
of the amount due within 30 days of the date of 
the second request for payment, the Department 
shall conduct a hearing to consider any protests 
or objections to the imposition of the fees autho- 
rized by Section 609. The Department shall fix a 
time, date and place for the hearing and shall 
mail notice of the hearing to each owner of the 
property not less than 10 days prior to the date of 
the hearing. The notice shall state the name of 
each legal owner of the property, the amount 
due, and a description of each parcel of property 
which is the subject of the reinspection fee. The 
descriptions of parcels shall be those used for the 
same parcels on the Assessor's map books for the 
current year. Following the hearing, the Director 
of Public Health or a designee shall determine 
whether the reinspection costs and any penalty 
and interest payments imposed pursuant to Sec- 
tion 609 should be affirmed, modified or vacated. 
The Director shall send written notice of the 
decision to the owner of the property. The notice 



shall state that the owner has 10 days in which 
to pay any amount determined due and that 
failure to pay within the time set forth will result 
in the imposition of a lien upon the property. The 
Director of Health may adopt rules and regula- 
tions regarding the hearing procedure and other 
matters relating to imposition and collection of 
reinspection fees, including penalty and interest 
payments. (Added by Ord. 299-91, App. 7/29/91) 

SEC. 609.3. LIEN PROCEDURES 
INITIATED UPON NONPAYMENT. 

If the property owner fails to pay any amount 
determined due following a hearing within the 
time required by Section 609.2, the Director of 
Public Health or a designee shall initiate a 
special assessment lien proceeding pursuant to 
the provisions of Article XX of Chapter 10 (be- 
ginning with Section 10.230) of the San Fran- 
cisco Administrative Code. Notwithstanding any- 
thing to the contrary in Article XX of Chapter 10, 
pursuant to Section 38773.5 of the California 
Government Code, the Board may order that the 
amount of the lien be specially assessed against 
the parcel. Upon such an order, the entire unpaid 
balance of the costs, including any penalty and 
interest payments on the unpaid balance to the 
date that the Department reports to the Board 
shall be included in the special assessment lien 
against the property. The Department shall re- 
port charges against delinquent accounts to the 
Board of Supervisors at least once each year. At 
the time the special assessment is imposed, the 
Director shall give notice to the property owner 
by certified mail, and shall inform the property 
owner that the property may be sold by the Tax 
Collector for unpaid delinquent assessments af- 
ter three years. The assessment may be collected 
at the same time and in the same manner as 
ordinary municipal taxes are collected, and shall 
be subject to the same penalties and procedure 
and sale in case of delinquency as provided for 
ordinary municipal taxes. All tax laws applicable 
to the levy, collection and enforcement of ordi- 
nary municipal taxes shall be applicable to the 
special assessment. However, if any real prop- 
erty to which a cost of abatement relates has 
been transferred or conveyed to a bona fide 



Sec. 609.3. 



San Francisco - Health Code 



342 



purchaser for value, or if a lien of a bona fide 
encumbrancer for value has been created and 
attaches thereon, prior to the date on which the 
first installment of taxes would become delin- 
quent, then the cost of abatement shall not 
result in a lien against the real property but 
instead shall be transferred to the unsecured roll 
for collection. (Added by Ord. 299-91, App. 7/29/ 
91; amended by Ord. 322-00, File No. 001917, 
App. 12/28/2000) 

SEC. 613. OPERATION OF GAS WORKS 
REGULATED. 

It shall be unlawful for any person, firm or 
corporation engaged in the business of manufac- 
turing illuminating gas to cause or permit any 
gas, tar, or refuse to be deposited in any public 
waters or sewer, or public street or place; or to 
permit any gas, dangerous or prejudicial to health, 
to escape from any gas works or pipes; or to 
manufacture illuminating gas of such ingredi- 
ents or quality that in the process of burning 
such gas or anything escaping therefrom shall be 
dangerous or prejudicial to life or health. 

Every person, firm or corporation engaged in 
the manufacture of illuminating gas must use 
the most approved methods to prevent the es- 
cape of odors. 

SEC. 614. VACANT LOT DEDICATION. 

The Director is hereby authorized to give 
notice to every Owner of a vacant lot in the City 
and County of San Francisco advising the Own- 
ers to contact the Director should the Owners 
wish to dedicate their properties to alternative 
uses, including but not limited to urban gardens 
and park space. (Added by Ord. 125-01, File No. 
010269, App. 6/15/2001) 

SEC 615. DISCRETIONARY DUTIES. 

Subject to the limitations of due process and 
applicable requirements of State and federal law, 
and 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, employ- 
ees, or agents, it is the legislative intent that 
such words establish a discretionary responsibil- 



ity or duty requiring the exercise of judgment 
and discretion. (Added by Ord. 125-01, File No. 
010269, App. 6/15/2001) 

SEC. 616. 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 the implementation of 
this Article, the City and County of San Fran- 
cisco is assuming an undertaking only to pro- 
mote the public health, safety, and general wel- 
fare. 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) Except as otherwise required by State or 
federal law, all inspection specified or authorized 
by this Article shall be at the discretion of the 
City and nothing in this Article shall be con- 
strued 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. 125-01, File No. 010269, App. 
6/15/2001) 



[The next page is 375] 



ARTICLE 12: SANITATION— GENERAL 



Sec. 635. Cigar Factories. 

Sec. 636. Display of Certificate. 

Sec. 637. Enforcement. 

Sec. 638. Penalty. 

Sec. 642. Shoddy — Disinfection, etc. 

Sec. 643. Penalty. 

Sec. 648. Delivery and Deposit of Drugs, 

etc., on Door Steps. 
Sec. 649. Penalty. 

Sec. 654. Pollution of Water in Public 

Water Works. 
Sec. 664. Cleaning and Disinfection of 

Street Cars, etc. 
Sec. 669. Mattresses, making, remaking 

and sale. 
Sec. 670. Permits Required. 

Sec. 671. Inspection of Premises. 

Sec. 672. Permit Conditions. 

Sec. 673. Department of Public Health to 

Make Regulations. 
Sec. 674. Definition of Terms. 

Sec. 675. Renovated or Remade 

Mattresses. 
Sec. 676. Unit for a Separate Offense. 

Sec. 677. Penalty. 

Sec. 682. Return of Certain Merchandise 

Prohibited. 
Sec. 683. Penalty. 

Sec. 688. Use of Common Cigar Cutter 

Prohibited. 
Sec. 689. Penalty. 

Sec. 694. Wiping Rags. 

Sec. 695. Permit Required — Enforcement. 

Sec. 700. Use of Hydrocyanic Gas, etc. 

Sec. 701. Permits. 

Sec. 706. Salvaged Goods and 

Merchandise — Definitions . 

Sec. 707. Permits, etc. 

Sec. 708. Duty of Director. 



Sec. 709. 

Sec. 714. 

Sec. 717. 

Sec. 719. 

Sec. 722. 



Sec. 725. 



Authority to Make Rules, etc. 

Permit Required. 

Burial Permits. 

Deposit in Advance. 

Fees for Abstract of Medical 

History, Proof of Death, Travel 

Certificates and Vaccination or 

Revaccination. 

Gasoline Stations. 



SEC. 635. CIGAR FACTORIES. 

(a) Establishment, Etc. It shall be unlaw- 
ful for any person or persons to establish, main- 
tain or carry on the business of a cigar factory, 
where cigars or other articles of tobacco are 
made, within the limits of the City and County of 
San Francisco, without having first complied 
with the conditions hereinafter specified. 

(b) Requirements for Certificate, Etc. It 

shall be unlawful for any person or persons to 
conduct or maintain a cigar factory within the 
City and County of San Francisco without hav- 
ing first obtained a certificate signed by the 
Director of Public Health of said city and county 
that the premises are properly and sufficiently 
ventilated, and that all proper arrangements for 
carrying on the business without injury to the 
sanitary condition of the neighborhood have been 
complied with and particularly that all ordi- 
nances of the Board of Supervisors have been 
complied with. 

It shall be the duty of the Director of Public 
Health, upon application from any person or 
persons proposing to open or conduct the busi- 
ness of a cigar factory within the limits of the 
City and County of San Francisco, to inspect the 
premises on which it is proposed to carry on such 
business, or in which said business is being 
carried on, with a view of ascertaining whether 
the said premises are provided with proper drain- 
age and sanitary appliances; also, whether the 
provisions of all ordinances of the Board of 



375 



Sec. 635. 



San Francisco - Health Code 



376 



Supervisors relating thereto have been complied 
with, and, if found in all respects satisfactory, 
then to issue to said applicants the certificate 
provided for in this section. 

(c) Use of Premises, Etc. No person or 
persons engaged in the cigar business within the 
limits of the City and County of San Francisco 
shall permit any person suffering from any con- 
tagious or infectious disease to work, sleep, lodge 
or remain within or upon the premises used by 
him, her or them, for the purpose of a cigar 
factory. 

(d) Prohibitions. (1) No person or persons 
engaged in the cigar business within the limits of 
the City and County of San Francisco shall 
permit the introduction of or the smoking of 
opium within or upon the premises used by him, 
her or them, for the purpose of a cigar factory. 

(2) It shall be unlawful for any person or 
persons owning or employed in any cigar factory 
in the City and County of San Francisco to sleep 
or cook in the rooms wherein cigars are manu- 
factured or prepared for use. 

(3) It shall be unlawful for any person or 
persons owning or employed in any cigar factory 
in the City and County of San Francisco to place 
between the lips or in the mouth the ends of 
cigars or other parts thereof for the purpose of 
moistening or biting the same, or for the purpose 
of otherwise improving their appearance. 

(4) It shall be unlawful for any person or 
persons owning or employed in any cigar factory 
in the City and County of San Francisco to spray 
tobacco or otherwise moisten it by means of 
water emitted from the mouth or by appliances 
whereby the water is expelled by means of the 
mouth. 

(5) It shall be unlawful for any person or 
persons owning or employed in any cigar factory 
the City and County of San Francisco to expec- 
torate upon the floors of such rooms wherein 
cigars are manufactured or prepared for use. 

(6) It shall be unlawful for any person or 
persons owning or employed in the cigar manu- 
facturing business within the limits of the City 
and County of San Francisco to dry tobacco 
previously moistened upon floors or upon stands 



possessing a tendency to contaminate or injuri- 
ously affect the condition thereof, but upon clean 
cloths provided for the purpose and stretched 
over wooden frames, or upon such other contriv- 
ances previously approved by the Director of 
Public Health. 

SEC. 636. DISPLAY OF CERTIFICATE. 

The certificate from the Director of Public 
Health, as required by Section 635, shall be 
exhibited in some conspicuous place on the pre- 
mises, and same shall be produced on the de- 
mand of any officer of the City and County of San 
Francisco. 

SEC. 637. ENFORCEMENT. 

The Director of Public Health is hereby di- 
rected to have the provisions of Sections 635 and 
636 of this Article strictly enforced. 

SEC. 638. PENALTY. 

Any person or persons establishing, maintain- 
ing or carrying on the business of a cigar manu- 
factory wherein cigars are manufactured or pre- 
pared for use, within the limits of the City and 
County of San Francisco, without having com- 
plied with the provisions of Sections 635 and 636 
of this Article, shall be guilty of a misdemeanor, 
and, upon conviction thereof, shall be punished 
by a fine of not more than $100 or by imprison- 
ment of not more than six months, or by both 
such fine and imprisonment. 

SEC. 642. SHODDY— DISINFECTION, 
ETC. 

It shall be unlawful for any person, firm or 
corporation to use any material in the manufac- 
ture of shoddy or cause the same to be used 
unless such material shall first be disinfected by 
formaldehyde gas under pressure of at least 50 
pounds or steam of at least 320° Fahrenheit, in 
an air-tight room or chamber. 

All machinery used in the manufacture of 
shoddy and all factories, warehouses, stores or 
other buildings or enclosures wherein shoddy is 
manufactured, produced or stored, or sold or 
exposed for sale, and every factory, warehouse, 
store or other building or enclosure wherein the 



377 



Sanitation — General 



Sec. 664. 



raw materials used in the manufacture of shoddy 
are collected, stored, sold or exposed for sale, 
shall be at all times subject to the inspection of 
the Department of Public Health or the officers 
thereof. 

No person, firm or corporation shall hereaf- 
ter establish or maintain any factory, store or 
warehouse for the manufacture, sale or storing 
of shoddy without first applying to and obtaining 
from the Director of Public Health a permit to 
establish and maintain the same. 

All shoddy manufactured without the City 
and County of San Francisco and brought within 
the said City and County shall, before being sold 
or exposed for sale or stored in any factory, 
warehouse, storeroom or enclosure in this city 
and county, be disinfected by formaldehyde gas, 
under pressure of at least 50 pounds, or steam of 
at least 320° Fahrenheit, in an air-tight room or 
chamber. 

SEC. 643. PENALTY. 

Every person, firm or corporation violating 
the provisions of Section 642 of this Article, or 
neglecting or refusing to comply with the same, 
shall be deemed guilty of a misdemeanor, and, 
upon conviction thereof, shall be punished by a 
fine of not less than $25 and not exceeding $500, 
or by imprisonment in the County Jail for a 
period of not less than five days or not more than 
six months or by both such fine and imprison- 
ment. 

SEC. 648. DELIVERY AND DEPOSIT OF 
DRUGS, ETC., ON DOOR STEPS. 

No person, firm or corporation, by him or 
themselves, his or their servant, or agent, or as 
the servant or agent of any person, firm or 
corporation, shall leave, throw or deposit upon 
the doorstep or premises owned or occupied by 
another, or deliver to any child under 14 years of 
age, any patent or proprietary medicine, or any 
preparation, pill, tablet, powder, cosmetic, disin- 
fectant or antiseptic, or any drug or medicine 
that contains poison, or any ingredient that is 
deleterious to health, as a sample, or in any 
quantity whatever for the purpose of advertis- 
ing. 



The term drug, medicine, patent or propri- 
etary medicine, pill, tablet, powder, cosmetic, 
disinfectant or antiseptic used in this Section 
shall include all remedies for internal or external 
use, either in package or bulk, simple, mixed or 
compounded. 

SEC. 649. PENALTY. 

Any person, firm or corporation violating any 
of the provisions of Section 648 of this Article, 
shall be deemed guilty of a misdemeanor, and 
upon conviction thereof, shall be fined a sum not 
exceeding $100 nor less than $25 or by impris- 
onment in the County Jail for a term not exceed- 
ing 100 days nor less than 30 days, or by both 
such fine and imprisonment. 

SEC. 654. POLLUTION OF WATER IN 
PUBLIC WATER WORKS. 

It shall be unlawful for any person to put or 
place in or on or to allow to run into or on any 
public reservoir, or the bank, border or margin 
thereof, or into any water pipe, aqueduct, canal, 
stream or excavation therewith connected, any 
animal, vegetable or mineral substance; or to do, 
perform or commit any act or thing which will 
pollute the purity and wholesomeness of any 
water intended for human consumption. 

Sec. 659. 

(Amended by Ord. 450-77, App. 10/6/77; Ord. 
303-04, File No. 041541, App. 12/24/2004; re- 
pealed by Ord. 113-05, File No. 050547, App. 
6/10/2005) 

SEC. 664. CLEANING AND 
DISINFECTION OF STREET CARS, ETC. 

Every person, company or corporation oper- 
ating street railway passenger cars within the 
limits of the City and County of San Francisco in 
which passengers are carried shall thoroughly 
wash each car, when so operated, at least once a 
week, and shall also carefully sweep and clean 
each of said cars daily. 

Whenever required in writing by the Depart- 
ment of Public Health, all persons, companies or 
corporations operating street railway passenger 
cars within the limits of said city and county 



Sec. 664. 



San Francisco - Health Code 



378 



shall thoroughly disinfect each street railway 
passenger car so operated by spraying said cars 
with an efficient disinfectant. 

SEC. 669. MATTRESSES, MAKING, 
REMAKING AND SALE. 

It shall be unlawful for any person, firm or 
corporation to engage in the making, remaking 
and sale of mattresses, or the buying or sale of 
used mattresses except in compliance with the 
conditions specified in Sections 670 to 677, inclu- 
sive, of this Article. 

SEC. 670. PERMITS REQUIRED. 

It shall be unlawful for any person, firm or 
corporation, or its servants or employees, to 
maintain or operate within the City and County 
of San Francisco the business of making or 
remaking, and sale of mattresses within any 
building, room, apartment, dwelling, basement 
or cellar, without having first obtained a permit, 
issued by the Department of Public Health and 
signed by the Director of Public Health of said 
City and County, that first the premises are in a 
sanitary condition and that all arrangements for 
carrying on the business without injury to public 
health have been complied with, in accordance 
with the ordinances of the City and County of 
San Francisco, and second, that the provisions of 
all regulations made in accord with Section 673 
hereof for the conducted of such establishments 
have been complied with. Said permit when 
issued shall be kept displayed in a prominent 
place on the premises. (Amended by Ord. 43-68, 
App. 4/19/68). 

SEC. 671. INSPECTION OF PREMISES. 

It shall be the duty of the Department of 
Public Health, upon application from any per- 
son, firm, or corporation desiring to open, con- 
duct or continue any place of business connected 
with the making, remaking and sale of mat- 
tresses, within the limits of the City and County 
of San Francisco, before issuing the certificate 
specified in Section 670, to cause the premises on 
which it is proposed to carry on such business, or 
in which said business is being carried on or 
conducted, to be inspected with a view of ascer- 



taining whether said premises are in a sanitary 
condition for the conduct of said business and 
comply with the ordinances of the City and 
County of San Francisco. 

SEC. 672. PERMIT CONDITIONS. 

The permit provided in Section 670 shall set 
forth the commercial uses permitted and shall be 
valid until suspended or revoked. Said permit 
shall not be transferable and shall be deemed 
revoked upon sale, transfer or assignment of the 
commercial use for which the permit was issued. 

A permit may at any time be suspended or 
revoked for cause after a hearing by the Depart- 
ment of Public Health. Upon suspension or revo- 
cation the premises for which the permit was 
issued shall be posted with the order of the 
Department. (Amended by Ord. 93-68, App. 4/19/ 
68) 

SEC. 673. DEPARTMENT OF PUBLIC 
HEALTH TO MAKE REGULATIONS. 

The Department of Public Health shall from 
time to time adopt such rules and regulations 
governing sanitation, disinfection or sterilization 
as it may deem necessary and proper to give 
effect to Sections 669 to 677, inclusive, of this 
Article. 

SEC. 674. DEFINITION OF TERMS. 

(a) The term "mattress" as used in Sections 
669 to 670, inclusive, of this Article, shall be 
construed to mean any quilted pad, comforter, 
mattress pad, bunk quilt or cushion, stuffed or 
filled with wool, hair or other soft material to be 
used on a couch or other bed for sleeping or 
reclining purposes. 

(b) The term "person" as used in Sections 
669 to 677, inclusive of this Article shall be 
construed to include all individuals and all firms 
or copartnerships. 

(c) The term "corporation" as used in Sec- 
tions 669 to 677, inclusive, of this Article, shall 
be construed to include all corporations, compa- 
nies, associations and joint stock associations or 
companies. 



379 



Sanitation — General 



Sec. 675. 



(d) Whenever the singular is used in Sec- 
tions 669 to 677, inclusive, of this Article it shall 
be construed to include the plural; whenever the 
masculine is used in Sections 669 to 677, inclu- 
sive, of this Article, it shall include the feminine 
and neuter genders. 

SEC. 675. RENOVATED OR REMADE 
MATTRESSES. 

(a) Material From Hospitals, Shoddy, 
Etc., to be Sterilized. No person or corporation, 
by himself or by his agents, servants or employ- 
ees, shall employ or use in the making, remaking 
or renovating of any mattress, any material of 
any kind that has been used in, or has formed a 
part of, any mattress used in or about any public 
or private hospital, or institution for the treat- 
ment of persons suffering from disease or for or 
about any person having any infectious or con- 
tagious disease; any material known as "shoddy" 
and made in whole or in part from old or worn 
clothing, carpets or other fabric or material pre- 
viously used, or any other fabric or material from 
which shoddy is constructed; and material not 
otherwise prohibited of which prior use has been 
made; unless any and all of said material has 
been thoroughly sterilized and disinfected by a 
reasonable process, approved by the Department 
of Public Health of the City and County of San 
Francisco. 

(b) Used or Second-Hand Mattress — 
Disinfection Tag Required. No person or cor- 
poration by himself or by his agents, servants or 
employees, shall cause to be renovated, or re- 
made, or buy, sell, offer for sale, or have in his 
possession with intent to sell, any renovated, or 
remade, or used or secondhand mattress unless 
the same has been sterilized and has thereto 
attached a muslin or linen tag not smaller than 
three inches square, securely sewed to the cov- 
ering thereof with a statement in the English 
language setting forth the following facts in type 
not smaller than 20 point: 

"This is a (renovated) (used) mattress and has 

been sterilized with 

(material used) on (day) 

(month) (year) 



Health Certificate No. 



by (firm's name) 
Department of Public 



(c) Prohibition. No person or corporation 
by himself or by his agents, servants or employ- 
ees, shall sell, offer to sell, deliver or consign, or 
have in his possession with intent to sell, deliver 
or consign any mattress made, remade or reno- 
vated in violation of subsections ((a) and (b) of 
this section. 

(d) Material, Etc., Tag Required. No per- 
son or corporation, by himself or his agents, 
servants or employees, shall, directly or indi- 
rectly, at wholesale or retail, or by public auction, 
or otherwise, sell, offer for sale, deliver or con- 
sign or auction, or have in his possession with 
intent to sell, deliver or consign, any mattress 
that shall not have plainly and indelibly stamped 
or printed thereon, or upon a muslin or linen tag 
not smaller than three inches square securely 
sewed to the covering thereof, a statement in the 
English language setting forth the kind or kinds 
of materials used in filling the said mattress, and 
whether the same are in whole or in part, new or 
old, or second-hand or shoddy, and the name and 
address of the manufacturer or vendor thereof, 
or both together with the tag required in subsec- 
tion (b) of Section 675. 

(e) Regulating Sale in Bulk by Junk 
Dealers or Others. It shall be unlawful for junk 
dealers or any person or corporation by himself 
or his agents, servants or employees, to sell or 
offer for sale, deliver or consign, or have in his 
possession with intent to sell, deliver or consign, 
any material which has been previously used or 
formed a part of any mattress unless the same 
has been sterilized in a manner satisfactory to 
the Department of Public Health. 

(1) Use of Terms. Whenever the word "felt" 
as applied to cotton is used in the said statement 
concerning any mattress it shall be designated in 
said statement whether said felt is "felted cot- 
ton" or "felted linters." 

It shall be unlawful to use in the said state- 
ment concerning any mattress the word "floss" or 



Sec. 675. 



San Francisco - Health Code 



380 



words of like import, if there has been used in 
filling said mattress any materials which are not 
termed as "Kapok." 

It shall be unlawful to use in said statement 
concerning any mattress the Word "hair" unless 
said mattress is entirely manufactured of ani- 
mals' hair. 

It shall be unlawful to use in the description 
in the said statement any misleading term or 
designation, or term or designation likely to 
mislead. 

(2) Materials Used. Any mattress made 
from more than one new material shall have 
stamped upon the tab attached thereto the per- 
centage of each material so used. 

Any mattress made from any material of 
which prior use has been made shall have stamped 
or printed upon the tag attached thereto in type 
not smaller than 20 point the words "second- 
hand material." 

Any mattress made from material known as 
"shoddy" shall have stamped or printed upon the 
tag attached thereto in type not smaller than 20 
point the words "shoddy material." 

(3) Form of Statement. The statement 
required under Section 675 of this Article shall 
be in the following form: 

"Materials Used in Filing 



Vendor 



Address 



This Article is made in compliance with Sec- 
tions 669 to 677, inclusive, of Article 12 of Chap- 
ter V of the San Francisco Municipal Code. 

(4) Removal, Etc., of Tags. Any person 
who shall remove, deface, alter, or in any manner 
attempt the same, or shall cause to be removed, 
defaced, or altered, any mark or statement placed 
upon any mattress under the provisions of this 
Section and Section 676 of this Article shall be 
guilty of a violation of said sections. 



SEC. 676. UNIT FOR SEPARATE 
OFFENSE. 

The unit for a separate and distinct offense in 
violation of Sections 669 to 676, inclusive, of this 
Article shall be each and every mattress made, 
remade, renovated, sold, offered for sale, deliv- 
ered, consigned, or possessed with intent to sell, 
deliver or consign, contrary to the provisions 
hereof. 

SEC. 677. PENALTY. 

Any person or corporation violating the pro- 
visions of Sections 669 to 677, inclusive, of this 
Article, shall be guilty of a misdemeanor, and 
upon conviction thereof shall be punished by a 
fine of not less than $20 and not to exceed $100 
for each offense, or by imprisonment for not less 
than three months and not exceeding six months 
or by both such fine and imprisonment. 

SEC. 682. RETURN OF CERTAIN 
MERCHANDISE PROHIBITED. 

It is unlawful for any person, firm or corpo- 
ration engaged in the sale at retail of the follow- 
ing articles of merchandise, to wit — 

(a) Mattresses, blankets, sheets, comfort- 
ers, pillows and other bedding. 

(b) Heating pads and metal hot water bottles, 
stockings made of rubber, reducing rollers, water 
bags and other rubber goods. 

(c) Combs, hair brushes, tooth brushes, bar- 
rettes, bath brushes, powder puffs, lipsticks, 
compacts, broken packages of powder, creams, 
rouges. 

(d) Corsets, brassieres, underwear, union 
suits, bloomers, bathing suits. 

(e) Articles made of hair, and veils — 

to accept from the purchaser any of the above 
articles once delivery is effected, provided that 
this Section shall not be construed to prohibit the 
return of articles misfitting or defective in their 
construction, which shall be disinfected before 
being offered for resale. 

SEC. 683. PENALTY. 

Any person, firm or corporation violating any 
of the provisions of Section 682 of this Article 



381 



Sanitation — General 



Sec. 694. 



shall be deemed guilty of a misdemeanor and, 
upon conviction thereof, shall be punished by a 
fine of not more than $100 or by imprisonment in 
the County Jail for a period not exceeding 30 
days, or by both such fine and imprisonment. 

SEC. 688. USE OF COMMON CIGAR 
CUTTER PROHIBITED. 

The use of the common cigar cutter on any 
stand or in any cigar store or other place where 
cigars are sold or offered for sale, or the furnish- 
ing of such common cutter for use of patrons or 
the public, is hereby prohibited. 

SEC. 689. PENALTY. 

Any person, firm or corporation, violating the 
provisions of Section 688 of this Article, shall be 
guilty of a misdemeanor, and upon conviction 
thereof shall be punished by a fine of not less 
than $10 and not to exceed $25 or by imprison- 
ment in the County Jail for not more than 25 
days or by both such fine and imprisonment. 

SEC. 694. WIPING RAGS. 

(a) Materials and Cleaning Thereof. It 

shall be unlawful for any person, firm or corpo- 
ration to sell or offer for sale, soiled clothes or 
rags, or soiled or disused or cast-off undercloth- 
ing, garments, bedding, bedclothes or parts thereof 
for use as wiping rags unless the same have been 
cleansed and sterilized by a process of boiling 
continuously for a period of 40 minutes in a 
solution containing at least five percent of caus- 
tic soda. 

It shall be unlawful for any person, firm or 
corporation employing mechanics, workmen or 
laborers to furnish or supply such employees for 
use as wiping rags, soiled clothes or rags, or 
soiled or disused or cast-off underclothing, gar- 
ments, bedclothes, bedding or parts thereof un- 
less the same have been cleansed and sterilized 
in the manner herein prescribed. 

(b) Definition. Wiping rags within the 
meaning of this Section are cloths and rags used 
for wiping and cleaning the surfaces of machin- 
ery, machines, tools, locomotives, engines, motor- 
cars, automobiles, cars, carriages, windows, fur- 
niture and surfaces of articles, in factories, shops, 



steamships and steamboats, and generally in 
industrial employments; and also used by me- 
chanics and workmen for wiping from their hands 
and bodies soil incident to their employment. 

(c) Sterilization. All soiled cloths and rags 
and soiled and disused and cast-off undercloth- 
ing, garments, bedclothes, bedding and parts 
thereof, before being offered for sale, or sold or 
furnished for use as wiping rags must be sub- 
jected to a process of sterilizing approved by the 
Director of Public Health of the City and County 
of San Francisco, including the process of boiling 
for a period of 40 minutes in a solution of caustic 
soda mentioned in this section. Before washing, 
all sleeves, legs and bodies of garments must be 
ripped and opened and all garments made into 
flat pieces. 

(d) Use of Premises. It shall be unlawful 
for any person, firm or corporation to wash, 
cleanse, sterilize, or dry, disused or cast-off cloth- 
ing, garments, underclothing, bedclothes, bed- 
ding or parts thereof, or soiled cloths or rags in 
the same building or by the same machines or 
appliances by which clothing, bedding, or other 
articles for personal or household use are laun- 
dered. 

(e) Labels. Each package or parcel of wip- 
ing rags before being sold must be plainly marked 
"Sterilized Wiping Rags," with the number and 
date of the certificate given by the Director of 
Public Health of the said city and county for the 
conducting of a laundry in which the rags con- 
tained in such package or parcel were cleansed 
and sterilized or with the name and location of 
the laundry in which said rags were cleansed 
and sterilized. 

(f) Imported Wiping Rags. Wiping rags 
imported into this city and county from other 
cities, counties or states, shall not be used, sold 
or offered for sale, unless they have been cleansed 
and sterilized as herein required or unless such 
imported rags are inspected by the Director of 
Public Health, and a certificate given by him 
that such rags have been inspected and cleansed 
and sterilized as required by this Section. 



Sec. 694. 



San Francisco - Health Code 



382 



(g) Inspection, Etc. The Director of Public 
Health shall inspect all wiping rags and give a 
certificate to that effect when the rags inspected 
have been cleansed and sterilized as required by 
this Section. Such certificate shall also state the 
date of inspection, the quantity and number of 
parcels inspected, the name of the owner and the 
place where the wiping rags were cleansed and 
sterilized. 

All persons having wiping rags in their pos- 
session for sale or for use shall, upon demand of 
any officer of the Department of Public Health or 
any police officer, exhibit such wiping rags for 
inspection and give all information as to where 
and from whom said wiping rags were obtained. 

SEC. 695. PERMIT REQUIRED- 
ENFORCEMENT. 

It shall be unlawful for any person, firm or 
corporation to establish or maintain a laundry 
for cleaning or sterilizing wiping rags or soiled 
clothes or rags or soiled and disused or cast-off 
clothing, garments, underclothing, bedclothes, 
bedding or parts thereof, within the limits of the 
City and County of San Francisco, without hav- 
ing first complied with Section 354 of Article 7 
hereof, regulating the conducting of public laun- 
dries and obtain a permit therefor as required by 
Section 695 of this Article. No person, firm or 
corporation shall engage in the business of laun- 
dering, cleaning or sterilizing cloths or material 
for wiping rags, or selling wiping rags without a 
permit therefor from the Department of Public 
Health. Such permit shall be granted as a matter 
of course on the first application, and may be 
revoked by the Department of Public Health for 
violation by the holder of any of the provisions of 
Section 694 of this Article. Subsequent permits 
to a person, firm or corporation in place of a 
permit revoked may be granted or refused at the 
discretion of the Department. The Department of 
Public Health shall keep a register of all persons 
engaged in laundering, cleaning, sterilizing or 
selling wiping rags, and shall enter therein the 
place of business, the date of issue and the 
revocation of permit. 



The police authorities are hereby directed to 
enforce the provisions of Sections 694 and 695 of 
this Article. 

SEC. 700. USE OF HYDROCYANIC GAS, 
ETC. 

No person, firm or corporation shall use within 
the City and County of San Francisco, hydrocya- 
nic gas, cyanogen or chloropicrin, or any other 
poisonous, noxious or dangerous gases or fumes 
which are dangerous to the life or health of 
human beings, for the purpose of fumigating, 
without first obtaining a permit from the Direc- 
tor of Public Health so to do. 

Provided, however, that nothing in this Sec- 
tion or Section 701 of this Article shall be con- 
strued to apply to any fumigations on property of 
the State of California, or to mandatory fumiga- 
tions under the supervision of any department of 
the State of California, or U.S. government. 

Provided, further, that fumigations with poi- 
sonous gases conducted in warehouses on prop- 
erty other than that of the State of California 
shall be so conducted as to comply with the 
safety measures approved by the Department of 
Public Health, and the person, firm or corpora- 
tion responsible for such fumigation shall notify 
the Bureau of Fire Prevention and Public Safety 
of the San Francisco Fire Department as to the 
exact location of said fumigation, and the time 
that said fumigation is to take place. 

SEC. 701. PERMITS. 

(a) Application, etc. Application for such 
permit shall be upon blanks provided by the 
Director of Public Health and shall state the 
name of the applicant, the particular character 
of gas to be used, the purposes and place where 
the same is to be used, the probable amount 
thereof which will be used during the existence 
of said permit, and the name of the person who 
will have direct charge of the use of said gas. 
Before issuing a permit for the use of said gas, 
the Director of Public Health shall inquire into 
the training, experience, character and reputa- 
tion of the applicant for said permit and of the 
person who is to have direct charge of the use of 
said gas, and may cause said applicant or said 



383 



Sanitation — General 



Sec. 701. 



person to appear before him for the purpose of 
ascertaining the qualifications of said applicant 
or of said person in regard to the use of said gas 
and the regulations governing said use. The 
Director of Public Health shall have full power 
and authority to refuse to grant any permit for 
the use of said gas should he determine that the 
manner in which said gas is to be used, or the 
place where it is to be used, is dangerous to life or 
health, or the person under whose direction it is 
to be used has not sufficient qualifications to use 
it safely. 

Every permit issued under authority of this 
Section shall state the place where said gas is to 
be used, the character thereof, the probable 
amount thereof to be used, the name of the 
person, firm or corporation authorized to use the 
same, and the name of the person in direct 
charge of said use; provided, however, that when 
a permit is issued to any person, firm, or corpo- 
ration engaged in the general business of fumi- 
gation at places other than a fixed place of 
business, said permit need not specify the vari- 
ous places where said gas is to be used. 

The permit provided in Section 700 shall set 
forth the commercial uses permitted and shall be 
valid until suspended or revoked. Said permit 
shall not be transferable and shall be deemed 
revoked upon sale, transfer or assignment of the 
commercial use for which the permit was issued. 

A permit may at any time be suspended or 
revoked for cause after a hearing by the Depart- 
ment of Public Health. Upon suspension or revo- 
cation, the premises for which the permit was 
issued, shall be posted with the order of the 
Department. 

(b) Special Permits. Any person, firm or 
corporation engaged in the business of fumiga- 
tion at places other than a fixed place of business 
shall, at least 24 hours before generating or 
releasing any of the gases mentioned in Sections 
700 and 701 of this Article, make application to 
the Director of Public Health for a special permit 
so to do. Said application shall state the location 
of the building or enclosed space to be fumigated, 
the day and hour when such fumigation shall 
take place and the name of the person who will 



be in direct charge of said fumigation. The Di- 
rector of Public Health shall have full power and 
authority to refuse to grant any special permit 
for the use of said gas should he determine that 
the manner in which said gas is to be used, or the 
place where it is to be used is dangerous to life of 
health or the person under whose direction it is 
to be used has not sufficient qualifications to use 
it safely. Upon approval by the Director of Public 
Health, a special permit to generate or release 
said gas for fumigation purposes at the place 
indicated in said application shall be issued. 
Such special permit shall be posted on the pre- 
mises to be fumigated, and should the applicant 
therefor be unable to do the work on the day and 
hour set forth in said special permit, he shall 
notify the Director of Public Health at least six 
hours prior to said time, and thereupon the 
Director of Public Health shall specify a new 
time for the fumigation of the premises or space 
specified in said special permit. The inspection 
fee for inspecting the work actually done shall be 
computed as follows: at the rate per hour based 
on total cost to the City and County of San 
Francisco or fraction thereof incident to each 
inspection. Upon completion of the work for 
which a special permit has been issued the 
permittee shall be billed for all inspection costs. 
If any inspection fees herein provided shall not 
be paid within 30 days after billing by the Health 
Department, 25 percent of the amount thereof 
shall be added thereto as a penalty for nonpay- 
ment. Failure to pay fees and penalties within 60 
days after billing shall be deemed cause for 
denial of an}r future special permits to the delin- 
quent permittee. 

(c) Rules and Regulations. The Director 
of Public Health shall have power to make and 
enforce all reasonable rules and regulations for 
carrying out the purpose of this Section which 
are not in conflict therewith. (Amended by Ord. 
278-72, App. 9/28/72) 



Sec. 706. 



San Francisco - Health Code 



384 



SEC. 706. SALVAGED GOODS AND 
MERCHANDISE— DEFINITIONS. 

For the purposes of this Section and Sections 
707 to 709, inclusive, of this Article, the term 
"salvaged goods and merchandise" is hereby de- 
fined as follows: 

"Any article of food or any article which may 
be used for food by human beings or by animals, 
or any chemical or other substance which may be 
added to food or to foodstuffs, alcoholic bever- 
ages, or any drug or compounded drugs, medi- 
cines, toilet articles, cosmetics, lotions, liniments 
or similar articles, or any commodity, powder, 
liquid or solid compound or mixture used or to be 
used in and about any home, household, hotel, 
apartment house, or dwelling for cleaning, disin- 
fecting or deodorizing purposes, including insec- 
ticides and similar articles, or tobacco or tobacco 
products, when the packages, cans, cartons or 
other containers in which the individual contain- 
ers of said articles are packed for shipment or 
sale are damaged, torn, broken, swollen, wet, 
burned or rusted, or where the individual con- 
tainers of said articles are damaged, torn, bro- 
ken, swollen, wet, burned or rusted, or where the 
labels on the individual containers of any such 
articles are defaced so that the name of the 
manufacturer or packer originally appearing on 
said label cannot be ascertained, such damage or 
distress of merchandise being caused by reason 
of shipment of same by rail, plane, motor trans- 
port or ship, or by smoke, fire or water." 

The term "person" as used in this Section and 
in Sections 707 to 709, inclusive, of this Article, 
shall mean any individual, association of indi- 
viduals, copartnership or corporation. 

A "dealer" in salvaged goods and merchan- 
dise is hereby defined to be a person who, either 
exclusively or in connection with any other busi- 
ness, buys, sells, distributes or deals in salvaged 
goods and merchandise, and/or who labels or 
relabels, bulks from smaller packages, packages 
from bulk, or in any manner reconditions sal- 
vaged goods or merchandise; provided, however, 
that persons merely selling salvaged goods or 
merchandise to salvage "dealers" as well as those 
who purchase from salvage "dealers" salvaged 



goods or merchandise which has been inspected 
and is in compliance with all rules and regula- 
tions pertaining to labeling, re-labeling, bulking 
and reconditioning, and sell same directly to the 
retail trade, shall not be considered "dealers" in 
salvaged goods and merchandise. 

A "licensed dealer" is a "dealer" who holds a 
current and valid dealer's permit from the Direc- 
tors of Public Health. 

SEC. 707. PERMITS, ETC. 

No person shall engage in the business of 
selling or distributing salvaged goods or merchan- 
dise, as defined in Section 706 of this Article, in 
the City and County of San Francisco, nor shall 
any person sell or distribute, or offer for sale or 
distribution, any salvaged goods or merchandise 
in said City and County without first obtaining a 
permit to do so from the Director of Public 
Health. 

(a) Applications. Applications for such per- 
mits shall be upon blanks provided by the De- 
partment of Public Health and shall state the 
name of the person applying for same, the gen- 
eral character of salvaged goods or merchandise 
which will be dealt in, sold or distributed, and 
the place where said business is to be carried on, 
and if said applicant is not regularly engaged in 
the business of dealing in salvaged goods and 
merchandise, then the place where the sale or 
distribution of said salvaged goods and merchan- 
dise shall take place, as well as the place where 
the said salvaged goods and merchandise are 
stored and the general character thereof. Noth- 
ing contained in this Section or in Sections 706, 
708 and 709 of this Article shall prevent a person 
who is not a salvage "dealer" as defined in 
Section 706 of this Article and who is the owner 
or custodian of any salvaged goods or merchan- 
dise from selling or distributing the same if said 
salvaged goods or merchandise are inspected by 
the Department of Public Health and a permit 
for the sale and distribution thereof is issued by 
said Department; the cost of said inspection to be 
paid for by the person requesting said permit 
before the same is issued at the rate of $7.50 per 
hour. 



385 



Sanitation — General 



Sec. 708. 



The permit provided in Section 707 shall set 
forth the commercial uses permitted and shall be 
valid until suspended or revoked. Said permit 
shall not be transferable and shall be deemed 
revoked upon sale, transfer or assignment of the 
commercial use for which the permit was issued. 

A permit may at any time be suspended or 
revoked for cause after a hearing by the Depart- 
ment of Public Health. Upon suspension or revo- 
cation the premises for which the permit was 
issued shall be posted with the order of the 
Department. 

(b) Investigation of Applicants. The Di- 
rector of Public Health, before issuing any per- 
mit to any person to engage in the business of 
selling or distributing salvaged goods or merchan- 
dise, shall make an investigation of the charac- 
ter of the applicant, his methods of storing, 
handling and receiving said salvaged goods and 
merchandise, and shall exercise his sound dis- 
cretion in granting or refusing to grant said 
permit, and if said permit is requested by a 
person not regularly engaged in the business of 
dealing in salvaged goods or merchandise, the 
said Director of Public Health shall investigate 
the condition of said salvaged goods or merchan- 
dise to be sold or distributed by said person, and 
if he finds that said salvaged goods or merchan- 
dise are in such condition that the same may be 
used for the purpose for which they were manu- 
factured or packed, he may issue a permit for the 
sale and distribution of the same. 

Any person not regularly engaged in the 
business of selling or disposing of salvaged goods 
or merchandise and who is the owner of, or has 
under his control any such goods or merchandise 
may sell or dispose of the same to a licensed 
"dealer" as defined in Section 706 of this Article, 
and any person who shall receive salvaged goods 
or merchandise from any licensed "dealer" or 
from any person having a permit to sell the 
same, need not obtain any additional permit for 
the purpose of selling or distributing the same to 
the general public; provided, that said salvaged 
goods or merchandise have been inspected by the 
Department of Public Health and approved for 
sale to the public. (Amended by Ord. 93-68, App. 
4/19/68) 



SEC. 708. DUTY OF DIRECTOR. 

(a) Inspection and Cost Thereof. It shall 
be the duty of the Director of Public Health, 
through his duly authorized representative, to 
inspect from, time to time all places where sal- 
vaged goods and merchandise are sold, kept or 
distributed, and whenever it shall be found that 
said salvaged goods and merchandise, or any 
part thereof are unfit for the purpose for which 
they were manufactured or packed, or for which 
they are being offered for sale, to cause the same 
to be destroyed as constituting a public nuisance, 
and the cost of such destruction shall be a charge 
against the person in whose possession said unfit 
salvaged goods or merchandise may be found 
and the amount of said cost shall be payable to 
the Director of Public Health for the City and 
County upon demand. 

(b) Examination of Goods and Payment 
of Cost Thereof. All inspections made by the 
Director of Public Health pursuant to the provi- 
sions of this Section shall consist in such exami- 
nation of any salvaged goods and merchandise as 
will determine their fitness for any of the pur- 
poses for which they are sold, offered for sale, or 
to be sold, and when in the opinion of the 
Director of Public Health it is necessary to ana- 
lyze any sample of any salvaged goods or mer- 
chandise, said Director of Public Health or his 
agents may take such article or such portion 
thereof as may be necessary to determine said 
fitness, and said determination may be made by 
laboratory or such other tests as the Director of 
Public Health shall deem proper. Pending the 
determination of said tests, the Director of Pub- 
lic Health may prohibit the sale or distribution 
or removal of any part of said salvaged goods or 
merchandise which are subject to said examina- 
tion. The cost of all inspections and examina- 
tions shall be paid by the owner or custodian of 
said salvaged goods or merchandise, and the 
failure to pay such sum upon demand shall be 
sufficient ground to revoke said owner's or 
custodian's permit to deal in such goods and 
merchandise, and if said owner or custodian be 
not a licensed "dealer" the Director of Public 
Health shall not issue a permit for the sale or 



Sec. 708. 



San Francisco - Health Code 



386 



distribution of said goods or merchandise until 
the fee covering such inspection, examination or 
analysis has been paid. 

(c) Exception. Salvaged goods and mer- 
chandise which have been inspected pursuant to 
the provisions of Sections 706 to 709, inclusive, 
of this Article, and approved for sale to the 
public, or purchased from a licensed "dealer" 
and, without being labeled or relabeled, bulked, 
packaged or reconditioned, resold by the pur- 
chaser thereof directly to the public, shall not be 
subject to reinspection, nor shall the purchases 
of such articles be required to obtain a permit to 
resell the same except in so far as said goods may 
be subject to inspection of license to sell the same 
by any other law or ordinance. 

(d) Economic Poisons. Where economic 
poisons form a part of any salvaged goods or 
merchandise, such economic poisons shall be 
disposed of only in accordance with the provi- 
sions of Sections 1065 and 1066 of the Agricul- 
tural Code of the State of California. (Amended 
by Ord. 93-68, App. 4/19/68) 

SEC. 709. AUTHORITY TO MAKE 
RULES, ETC. 

The Director of Public Health shall make 
such rules and regulations regarding the sale, 
distribution, storing, handling and possession of 
any salvaged goods or merchandise as he shall 
deem proper to carry into effect and to accom- 
plish the purposes of Sections 706 to 709, inclu- 
sive, of this Article and to prevent the contami- 
nation of said goods and merchandise, or to 
prevent the same being sold or distributed in 
such a manner as might be dangerous or injuri- 
ous to the health or safety of any person, and 
when said rules are so made they shall be as 
effective as if the same were a part of Sections 
706 to 709, inclusive, of this Article. 

Any permit granted pursuant to the provi- 
sions of Section 707 of this Article may be sus- 
pended by the Director of Public Health and 
after notice to the holders thereof may be re- 
voked by said Director for any violation of Sec- 
tion 706 to 709, inclusive, of this Article, or for 
the violation of any rules or regulations of said 



Director made under authority of Section 708 of 
this Article, or for the violation of any law, rule or 
regulation of the State of California or of the City 
and County of San Francisco, relative to the sale, 
keeping or distribution of any article coming 
within the definition of salvaged goods or mer- 
chandise. 

SEC. 714. PERMIT REQUIRED. 

Every person, firm, partnership or corpora- 
tion maintaining, conducting, or operating a ken- 
nel, pet shop, pet hospital, refuse collection truck, 
swill truck or peddler wagon, except those ped- 
dler wagons used for peddling as defined in 
Sections 132, 132.2 and 132.5 of Part III of the 
San Francisco Municipal Code, shall obtain prior 
to the commencement of operation a permit from 
the Department of Public Health. Every person, 
firm, partnership or corporation subject to a 
license fee provided for in Sections 132, 132.2 
and 132.5 of Part III of the San Francisco Mu- 
nicipal Code shall obtain from the Department of 
Public Health a Certificate of Sanitation for each 
cart or vehicle used therefor. 

Permit Conditions. The permit provided in 
this Section (714) shall set forth the commercial 
uses permitted and shall be valid until sus- 
pended or revoked. Said permit shall not be 
transferable and shall be deemed revoked upon 
sale, transfer or assignment of the commercial 
use for which the permit was issued. 

A permit may at any time be suspended or 
revoked for cause after a hearing by the Director 
of Public Health. Upon suspension or revocation 
the premises for which the permit was issued 
shall be posted with the order of the Department. 
(Amended by Ord. 467-74, App. 10/10/74) 

SEC. 717. BURIAL PERMITS. 

For the permit required to be issued for the 
removal of dead human bodies or disinterred 
human remains, the Department of Public Health 
shall collect in advance of the issuance thereof 
the sum of $1; provided, however, that no fee 
shall be collected for the removals from legally 
closed cemeteries. 



387 



Sanitation — General 



Sec. 725. 



SEC. 719. DEPOSIT IN ADVANCE. 

In any case the Department of Public Health 
may require a deposit in advance of any inspec- 
tion in such sum as said Department of Public 
Health may estimate to be sufficient to cover the 
amount of the fee liable to be imposed therefor, 
which deposit or sum remaining thereof shall be 
returned to the depositor upon the failure to 
issue a permit or upon the expiration of the 
permit and the payment of all fees therefor. 

SEC. 722. FEES FOR ABSTRACT OF 
MEDICAL HISTORY, PROOF OF DEATH, 
TRAVEL CERTIFICATES AND 
VACCINATION OR REVACCINATION. 

(a) The Director of Public Health of the City 
and County of San Francisco is hereby autho- 
rized to charge the following fees to defray the 
cost of issuance of the following mentioned docu- 
ments and any person requesting said docu- 
ments shall pay the fees herein specified, to wit: 

(1) Abstract or Brief Statement 
of Medical History or date for 
insurance or legal purposes. . $2.00 

(But not less than $.45 per folio) 

(2) Proof of Death for insurance 
purposes $2.00 

(3) Certificate of Vaccination for 
Travel 

(Over 18 years of age) .... $2.00 

(Under 18 years of age) . . $1.00 

(4) Vaccination or Revaccination 

for purposes of Travel $3.00 

(b) All fees received by the Director of 
Public Health in payment of the issuance of 
documents or performance of service men- 
tioned in Subsection (a) hereof shall be depos- 
ited with the Treasurer of the City and County 
of San Francisco, to the credit of the general 
fund. 

(c) City and County officials and depart- 
ments shall not be subject to the provisions of 
this Section when any of the aforesaid records 
or documents are for the official use of their 
respective departments. (Amended by Ord. 
212-76, App. 6/25/76) 



SEC. 725. GASOLINE STATIONS. 

It shall be unlawful for any person or persons 
to operate an attendant service station, a marine 
service station, a partial self-service station or a 
self-service gasoline station, pursuant to Section 
8.12, et seq.., of the San Francisco Fire Code, 
without providing at all times a clean and sani- 
tary toilet and washroom for the use of its 
patrons. There shall be one separate toilet facil- 
ity for men and one separate toilet facility for 
women. At the request of the Fire Department, 
the Department of Public Health shall inspect a 
proposed attendant service, marine service, par- 
tial self-service, or self-service gasoline station 
and certify to the Fire Department that said 
station is in compliance with the provisions of 
this section. (Amended by Ord. 34-86., App. 2/7/ 
86) 



Sec. 725. San Francisco - Health Code 388 



[The next page is 401] 



ARTICLE 12A: BACKFLOW PREVENTION 



Sec. 750. Purpose and Findings. 

Sec. 751. Definitions. 

Sec. 752. Cross-Connection Control 

Committee — Establishment of. 
Sec. 753. Departmental Responsibilities. 

Sec. 754. Unprotected Cross-Connections 

Prohibited; Identification of 

In-House Hazards. 
Sec. 755. Enforcement Powers. 

Sec. 756. Review of Appeals by 

Department of Public Health. 
Sec. 757. Cross-Connection Control 

Program. 
Sec. 758. Certification of Backflow 

Prevention Service Testers. 
Sec. 759. Insurance Requirements for 

Testers. 
Sec. 760. Special Cases Exempted From 

Appeals. 
Sec. 761. Double Check Valves on 

Highrises with Roof Tanks. 



SEC. 750. PURPOSE AND FINDINGS. 

The purpose of this Article is to establish 
requirements for backflow prevention to supple- 
ment those imposed by the State pursuant to 
Title 17, Sections 7583 et seq. of the California 
Administrative Code. California Administrative 
Code Section 7583 expressly authorizes local 
governments to establish more stringent require- 
ments where local conditions so warrant. The 
Board of Supervisors finds and declares that the 
dangers to public health and safety posed by the 
existing and potential contamination of the drink- 
ing water supply in San Francisco warrant the 
imposition of local standards in excess of those 
required under State law. (Added by Ord. 356-84, 
App. 8/24/84) 



SEC. 751. DEFINITIONS. 

The following definitions shall apply to this 
Article. 

1. "Backflow" shall mean the flow, from any 
source or sources, of water which is of unknown 
or questionable safety for human consumption or 
other liquids, gases, mixtures or other sub- 
stances into the potable water distribution sys- 
tem. 

2. "Backflow prevention device" shall mean 
any effective device, means, method, or construc- 
tion used to prevent the backflow of substances 
into the potable water distribution system, which 
has been previously approved for use by the 
Cross-Connection Control Committee, as that 
body is defined in this Article, and shall pass all 
initial testing procedures at the time of installa- 
tion. 

3. "Certified tester" shall mean any person, 
whether privately employed or in the employ of 
the City and County, who holds a valid Depart- 
ment of Public Health certificate to test backflow 
prevention devices. 

4. "Cross-connection" shall mean any actual 
or potential connection between any part of a 
water system used or intended to supply water 
for drinking purposes and any source or system 
containing water which is not or cannot be ap- 
proved as safe, wholesome and potable for hu- 
man consumption or any other substance. Tem- 
porary or permanent devices through which, or 
because of which, backflow could occur are also 
considered to be cross-connections. 

5. "Cross-connection control device" shall 
mean an approved backflow prevention device. 

6. "Department of Public Health" shall mean 
the San Francisco Department of Public Health. 

7. "Department of Public Works" shall mean 
the San Francisco Department of Public Works. 

8. "In-house hazard" shall mean a cross- 
connection within a water consumer's premises. 



401 



Sec. 751. 



San Francisco - Health Code 



402 



9. "Water Department" shall mean the San 
Francisco Water Department. (Added by Ord. 
356-84, App. 8/24/84) 

SEC. 752. CROSS-CONNECTION 
CONTROL COMMITTEE- 
ESTABLISHMENT OF. 

There is hereby created a Cross-Connection 
Control Committee of the City and County of San 
Francisco, which shall be comprised of the Man- 
ager of Water Quality of the Water Department, 
the Superintendent of Building Inspection of the 
Department of Public Works, and the Director of 
Environmental Health Services of the Depart- 
ment of Public Health, or their respective desig- 
nees. The Committee's duties shall include, but 
are not limited to, the review of operations of the 
City's Cross-Connection Control Program, the 
establishment of a program within the Depart- 
ment of Public Health to provide for certification 
of qualified testers, and the development of a 
schedule to assure annual inspection of all back- 
flow prevention devices within the City and 
County as well as those on property owned by 
the City and County but located outside the 
boundaries of the City and County. (Added by 
Ord. 356- 84, App. 8/24/84) 

SEC. 753. DEPARTMENTAL 
RESPONSIBILITIES. 

The Water Department shall have primary 
responsibility for the prevention of any unautho- 
rized substances or water from unapproved 
sources from entering the public water supply 
system. The Department of Public Health shall 
have the overall and ultimate responsibility un- 
der this Article for preventing water from unap- 
proved sources or other unauthorized substances 
from entering the potable water system. The 
Department of Public Health shall promulgate 
any rules or regulations necessary to effectuate 
this Article. Said rules and regulations shall, at a 
minimum, be consistent with and meet all re- 
quirements imposed by State law. (Added by 
Ord. 356-84, App. 8- 24-84) 

SEC. 754. UNPROTECTED 
CROSS-CONNECTIONS PROHIBITED; 
IDENTIFICATION OF IN-HOUSE 
HAZARDS. 

It shall be unlawful for any water consumer 
or property owner to have, keep, maintain, in- 



stall or permit the existence of a cross-connection 
which is unprotected from actual or potential 
backflow due to the absence of approved and 
properly functioning backflow prevention de- 
vices. 

The Department of Public Health, through 
its Bureau of Environmental Health Services, 
the Department of Public Works, through its 
Bureau of Plumbing Inspection, and the Water 
Department shall, in their normal course of 
enforcement activity, identify the locations of 
in-house hazards and shall jointly maintain a 
continuously updated list of such in-house haz- 
ards for enforcement action under this Article. 
(Added by Ord. 356-84, App., 8/24/84) 

SEC. 755. ENFORCEMENT POWERS. 

Upon notification by the Department of Pub- 
lic Health, the Department of Public Works or 
the Water Department, it shall be the responsi- 
bility of each water consumer to eliminate any 
existing or potential unprotected cross-connec- 
tions on the subject property within 30 to 90 
calendar days of said notification. The specific 
deadline for achieving compliance shall be estab- 
lished by the appropriate department based upon 
the type and magnitude of the work required to 
eliminate the cross-connection. The appropriate 
department shall monitor the progress of the 
work required to achieve compliance. 

If a water consumer refuses or fails to elimi- 
nate a cross-connection after the deadline has 
expired as set forth in the notification, or if the 
progress of the work being monitored by the 
appropriate department indicates that the work 
cannot be completed within the time limit estab- 
lished in the notification, the Water Department, 
acting alone or in coordination with the Depart- 
ments of Public Health or Public Works, shall 
immediately issue a final notification to the 
owner of the subject property to eliminate the 
cross-connection. If the property owner refuses 
to or does not comply with the requirements set 
forth in the final notification within ten calendar 
days of its date of issuance, the Water Depart- 
ment shall thereafter disconnect the water ser- 
vices to the customer directly responsible for 
noncompliance until the cross-connection has 



403 



Backflow Prevention 



Sec. 758. 



been eliminated and necessary payments have 
been made for turn-on services in the same 
manner as specified under the San Francisco 
Public Utilities Commission Rules and Regula- 
tions Section C Rule 4 (or any successor regula- 
tions) governing water service to customers. If 
the property owner and the water consumer are 
one and the same person, only one notification 
shall be required prior to disconnecting the wa- 
ter services in the event of noncompliance. The 
Water Department shall not disconnect the wa- 
ter services until any appeal which may be taken 
under Section 756 of this Article has become 
final, except as specified in Section 760 of this 
Article. (Added by Ord. 356-84, App. 8/24/84) 

SEC. 756. REVIEW OF APPEALS BY 
DEPARTMENT OF PUBLIC HEALTH. 

Appeals against the final notice for discon- 
nection of water services may be made to the 
Department of Public Health by the subject 
property owner, within five calendar days of the 
date of said final notice, and shall include cur- 
rent data obtained from a certified tester em- 
ployed by the property owner or his representa- 
tive which disapproves the existence of a cross- 
connection or the adequacy of the time limit set 
for compliance. The Director of the Bureau of 
Environmental Health Services, or his designee, 
shall hold a hearing on the appeal within fifteen 
calendar days of receipt of said appeal, and shall 
thereafter issue a decision which shall state 
whether or not the alleged defect or deficiency 
constitutes a cross-connection as defined in this 
Article. The Director shall affirm the Water 
Department's action if he or she finds that a 
cross-connection exists. The Director's decision 
shall issue within two calendar days of the 
completion of the hearing, and shall be final. 
(Added by Ord. 356-84, App. 8/24/84) 

SEC. 757. CROSS-CONNECTION 
CONTROL PROGRAM. 

Annual inspections of all existing backflow 
prevention devices shall be conducted under the 
direction of the Water Department. The Water 
Department shall make available for public in- 
spection the current listing of all certified testers 



required under Section 758 of this Article. The 
Water Department shall annually notify all wa- 
ter consumers who have cross-connection control 
devices of the requirements of this Article for 
annual maintenance and testing and shall annu- 
ally promulgate a schedule of charges for the cost 
to the water consumer of the inspections and 
testing to be done under this Article. Water 
consumers who fail to comply with the action 
required by the Water Department's annual no- 
tifications shall be subject to the same enforce- 
ment procedures as set forth in Sections 755 and 
756 of this Article. 

When a backflow prevention device is in- 
spected and has passed the testing procedure, 
the certified tester shall immediately affix a seal 
or tag to the device. Such seals or tags shall be 
purchased by the certified tester from the De- 
partment of Public Health. Seals or tags may be 
issued free of charge to testers employed by the 
City and County for use when testing backflow 
prevention devices installed on City and County 
property. Each certified tester shall maintain a 
continuous record of the dates and locations of 
each inspection performed, any tests made, and 
the results thereof. A copy of such record shall be 
sent by each certified tester to the Water Depart- 
ment within five calendar days of each inspec- 
tion or test. Appropriate testing and inspection 
records for potable water systems, including but 
not limited to the information to be supplied by 
all certified testers, shall be maintained by the 
Water Department and shall be made available 
upon request to the Department of Public Works 
and the Department of Public Health. (Added by 
Ord. 356-84, App. 8/24/84) 

SEC. 758. CERTIFICATION OF 
BACKFLOW PREVENTION SERVICE 
TESTERS. 

Procedures for the establishment of a pro- 
gram for the certification of qualified backflow 
prevention device testers shall be developed and 
implemented by the Department of Public Health 
within thirty working days of the effective date 
of this Article. Independent testers and testers 
who are City employees shall receive training in 
backflow prevention device testing. All testers 



Sec. 758. 



San Francisco - Health Code 



404 



shall thereafter take and pass an examination 
administered by the Department of Public Health 
in order to qualify for a valid tester's certificate 
to be issued by that Department. Testers whose 
names appear on the Water Department's ap- 
proved list of backflow prevention testers as of 
the effective date of this Article shall be exempt 
from the initial training and examination require- 
ment. 

Each tester's certificate issued by the Depart- 
ment of Public Health shall be valid for a period 
of one year from the date of issuance. Tester's 
certificates may be renewed upon additional train- 
ing, re-examination, other demonstration of com- 
petency, or any combination thereof, as may be 
deemed necessary by the Department of Public 
Health. A tester's certificate may be suspended 
or revoked at any time for cause by the Depart- 
ment of Public Health. The Department of Public 
Health shall maintain a current list of the names 
and business addresses of all certified testers 
and of all tester's certificates which have been 
suspended or revoked. The list shall be for- 
warded to the Water Quality Control Division of 
the Water Department and the Bureau of Plumb- 
ing Inspection of the Department of Public Works, 
and shall be made available for public inspection 
by all three departments. (Added by Ord. 356-84, 
App. 8/24/84) 

SEC. 759. INSURANCE REQUIREMENTS 
FOR TESTERS. 

Each certified tester who is not a City em- 
ployee shall maintain general liability insurance 
in full force and effect, at his or her expense, for 
all cross-connections control and backflow device 
testing activities. Such insurance shall include 
coverage for bodily injury, personal injury, includ- 
ing death resulting therefrom, and property dam- 
age insurance, with limits not less than $100,000 
each occurrence combined single limit. The City 
and County of San Francisco, its officers and 
employees shall be named as additional insureds 
under the policy and a cross-liability clause shall 
be attached. Such insurance shall provide 10 
days prior written notice of cancellation, nonre- 
newal or material change to the Department of 
Public Health. A certificate of insurance, in form 



and with insurers acceptable to City, shall be 
required prior to the issuance of any tester's 
certificate or any renewal thereof. (Added by 
Ord. 356-84, App. 8/24/84) 

SEC. 760. SPECIAL CASES EXEMPTED 
FROM APPEALS. 

Whenever the Department of Public Health, 
the Department of Public Works or the Water 
Department identify any existing or potential 
unprotected cross-connection as posing a high 
risk of hazard to the public health and safety 
which requires immediate abatement, the Water 
Department shall, in coordination if necessary 
with the Department of Public Health or the 
Department of Public Works, immediately shut 
off the water services to the customer directly 
responsible for the hazard in order to prevent 
such cross-connection from causing any backflow 
into the potable water distribution system. Wa- 
ter services shall be restored upon elimination of 
the cross- connection and payment for turn-on 
services as specified under the San Francisco 
Public Utilities Commission Rules and Regula- 
tions Section C Rule 4 (or any successor regula- 
tions) governing water service to customers. All 
action taken under this section shall be exempt 
from the appeals procedures specified in Section 
765 of this Article. (Added by Ord. 356-84, App. 
8/24/84) 

SEC. 761. DOUBLE CHECK VALVES ON 
HIGHRISES WITH ROOF TANKS. 

Any building with a roof tank shall have an 
approved double check valve assembly installed 
on the building water supply line. The check 
valve shall be located as near as possible to the 
water meter and in any case before the first 
fitting or branch line. For buildings with roof 
tanks existing prior to enactment of this section 
where an air gap has been previously accepted 
by the enforcing agency, a double check valve 
shall not be required provided the enforcing 
agency can easily determine that there are no 
lateral lines or outlets between the meter and 
the air gap. If at any time buildings with roof 
tanks which were previously accepted as having 
approved air gaps in lieu of double check valves 



405 Backflow Prevention Sec. 761. 



have or are believed to have installed lateral 
lines or outlets between the meter and the air 
gap, then a double check valve shall be installed 
as near as possible to the water meter. (Added by 
Ord. 85-86, App. 3/21/86) 



Sec. 761. San Francisco - Health Code 406 



[The next page is 417] 



ARTICLE 12B: SOIL BORING AND WELL REGULATIONS 



Division I — General Provisions 

Sec. 800. Purpose and Findings. 

Sec. 801. Definitions. 

Sec. 802. Contamination of Groundwater 

Prohibited. 

Division II — Well and Soil Boring 

Construction, Modification, Operation and 

Maintenance 

Sec. 803. Permit Required. 

Sec. 804. Application. 

Sec. 805. Additional Submission for 

Application for Water Wells. 
Sec. 806. Permit Issuance and Mandatory 

Provisions. 
Sec. 807. Additional Terms for Water Well 

Permits. 
Sec. 808. Transfer of Permit. 

Sec. 809. General Well Construction 

Standards. 
Sec. 810. Additional Construction 

Standards for Water Wells. 
Sec. 811. Variances. 

Sec. 812. Modification of a Well Permit. 

Sec. 813. Permit Renewal. 

Sec. 814. Suspension and Revocation. 

Division III — Well Inactivation and 
Destruction 

Sec. 815. Discontinuation of Well 

Operation. 
Sec. 816. Well Inactivation. 

Sec. 817. Approval for Well Inactivation. 

Sec. 818. Well Destruction. 

Sec. 819. Application for Approval. 

Sec. 820. Issuance of Approval. 

Sec. 821. Nuisance Declared and 

Abatement Authority. 
Sec. 822. Unused Well Discovered. 



Sec. 823. Content and Service of the 

Destruction Order. 

Sec. 824. Administrative Review of 

Destruction Order. 

Division TV — Enforcement 

Sec. 825. Right of Entry and Inspection. 

Sec. 826. Specific Inspection Authorized. 

Sec. 827. Report of Completion. 

Sec. 828. Suspension and Revocation. 

Sec. 829. Enforcement. 

Sec. 830. Penalties. 

Sec. 831. Liability for Damages. 

Sec. 832. Liens. 

Sec. 833. Administrative Hearing. 

Sec. 834. Disqualification. 

Division V — Miscellaneous Provisions 

Sec. 835. Regulations. 

Sec. 836. Remedies Not Exclusive. 

Sec. 837. Disclaimer of Liability. 

Sec. 838. Fees. 

Sec. 839. Not Exempted from Paying 

Other Fees. 
Sec. 840. Not Exempted from Compliance 

with Other Laws. 

Sec. 841. Discretionary Duty. 

Sec. 842. Severability. 

DIVISION I— GENERAL PROVISIONS 

SEC. 800. PURPOSE AND FINDINGS. 

The Board of Supervisors finds and declares 
the following: 

(a) There are seven (7) distinct groundwa- 
ter basins in the City and County of San Fran- 
cisco. The San Francisco Public Utilities Com- 
mission identified the existing and potential uses 
of some of these aquifers, including but not 
limited to supply of water for domestic purposes 



417 



Sec. 800. 



San Francisco - Health Code 



418 



in San Francisco; use of groundwater for irriga- 
tion of City parks; landscaping and maintaining 
natural water features; use of groundwater for 
emergency purposes; conjunctive surface and 
groundwater to improve reliability of San 
Francisco's water system; and industrial use of 
non-potable groundwater to offset demands for 
potable water. 

(b) Perforations of aquifers beneath the City, 
such as wells and soil borings, may serve as 
conduits for chemicals to contaminate the ground- 
water if the wells and soil borings are not con- 
structed properly. 

(c) Because San Francisco is situated at the 
end of a peninsula surrounded on three sides by 
salt water, and due to the potential for earth- 
quakes and other natural disasters to interrupt 
the supply of imported water to San Francisco 
from Hetch Hetchy and other sources, available 
groundwater supplies in San Francisco consti- 
tute an important resource held in trust for the 
benefit of the People of San Francisco. 

(d) The People of San Francisco have a 
primary interest in the location, construction, 
maintenance, abandonment and destruction of 
wells, such as monitoring wells and cathodic 
protection wells, and soil borings which activi- 
ties directly affect the quality and purity of 
groundwater. 

(e) The purpose of this Article is to protect 
the health, safety and general welfare of the 
People of the City and County of San Francisco 
by ensuring that local groundwater resources 
designated for beneficial uses will not be pol- 
luted or contaminated. To these ends, this Article 
sets forth minimum requirements for (1) con- 
struction, modification and destruction of wells 
and other perforations of the water table, and (2) 
operation of such wells. 

(f) Unmanaged use of groundwater in San 
Francisco creates a risk of harm to a common 
resource shared by all San Franciscans as part of 
the City's historic Pueblo water right to all 
water, surface and underground, within the his- 
toric Pueblo of San Francisco. Potential risks 
include, but are not limited to, land subsidence; 
contamination of aquifer(s) through improper 



well construction and closure; seawater intru- 
sion into coastal aquifers as a result of pumping 
in excess of the aquifer's safe yield; and adverse 
environmental impacts on San Francisco's few 
remaining natural streams and lakes. 

(g) It shall be the policy of the City and 
County of San Francisco to make beneficial use 
of groundwater where economically and environ- 
mentally feasible, and to prevent the use of 
groundwater when necessary to protect the health, 
safety and welfare of the People of the City and 
County. (Added by Ord. 113-05, File No. 050547, 
App. 6/10/2005) 

SEC. 801. DEFINITIONS. 

Except as otherwise specified in this Article, 
whenever used in this Article, the following 
terms shall have the meanings set forth below: 

(a) "Abandoned Well," means a well that 
has not been used for one year or more, unless 
the owner demonstrates an intention to use the 
well again. "Abandoned well" shall not include 
standby emergency potable water wells con- 
structed and maintained by the San Francisco 
Public Utilities Commission in accordance with 
the requirements of this Article. Evidence of 
intention for future use shall include all of the 
following: 

(1) The well does not impair the quality of 
water within the well and the groundwater en- 
countered by the well. 

(2) The top of the well or well casing shall 
be provided with a cover, that is secured by a lock 
or by other means to prevent its removal without 
the use of equipment or tools, to prevent unau- 
thorized access, to prevent a safety hazard to 
humans and animals, and to prevent illegal 
disposal of wastes in the well. The cover shall be 
watertight where the top of the well casing or 
other surface openings to the well are below 
ground level, such as in a vault or below known 
levels of flooding. The cover shall be watertight if 
the well is inactive for more than five consecu- 
tive years. 

(3) The well shall be marked so as to be 
easily visible and located, and labeled so as to be 
easily identified as a well. 



419 



Soil Boring and Well Regulations 



Sec. 801. 



(4) The area surrounding the well shall be 
kept clear of brush, debris, and waste materials. 

(5) The owner has a valid permit for the 
well. 

(b) "Annular Seal" shall mean the material 
placed in the space between the well casing and 
the wall of the drilled hole (the annular space), in 
accordance to the requirements of this Article. 

(c) "Beneficial Uses" shall mean the use of 
groundwater for domestic, municipal, agricul- 
tural, industrial, aesthetic, habitat, recreational 
and environmental purposes. 

(d) "Cathodic Protection Well" shall mean 
any well in excess of fifty (50) feet constructed by 
any method for the purpose of installing equip- 
ment or facilities for the electrical protection of 
metallic equipment in contact with ground, com- 
monly referred to as cathodic protection. 

(e) "CEQA" shall mean the California Envi- 
ronmental Quality Act, Division 13 of the Cali- 
fornia Public Resources Code, commencing at 
Section 21000. 

(f) "City" shall mean the City and County of 
San Francisco. 

(g) "Commission" shall mean the San Fran- 
cisco Health Commission established in accor- 
dance with Section 4.110 of the San Francisco 
Charter. 

(h) "Contamination" shall mean an impair- 
ment of the quality of the groundwater by waste 
to a degree that creates a hazard to the public 
health through poisoning or through the spread 
of disease. 

(i) "Department" shall mean the San Fran- 
cisco Department of Public Health. 

(j) "Dewatering Well" shall mean a well 
used for the purpose of dewatering excavation 
during construction or stabilizing hillside or earth 
embankments. 

(k) "Director" shall mean the Director of the 
Department or his or her designee. 

(1) "Inactive well" shall mean a well not 
routinely operated but capable of being made an 
operating well with a minimum of effort. 



(m) "Modification" shall mean any work done 
on an existing well to restore or modify its 
function, replace any casing, seal off certain 
strata or surface water, or similar work. Modifi- 
cation shall not include the activities that do not 
violate the integrity of the annular space or the 
well casing or that does not have the potential of 
causing groundwater contamination to migrate 
or disperse. 

(n) "Monitoring Well" shall mean a well 
constructed for the purpose of observing, moni- 
toring, or supplying information regarding the 
quality of groundwater, or the concentration of 
contaminants in groundwater. 

(o) "Operator" shall mean any person who 
has daily responsibility for and daily operational 
control over a well or soil boring. 

(p) "Owner" shall mean any person who 
owns a property with a well or soil boring thereon. 

(q) "Person" shall mean any natural person, 
trust, firm, joint stock association, corporation, 
including a government corporation, partner- 
ship, association, city, county, city and county, 
district, the State, any agency, department, of- 
fice, board, commission, or bureau of State gov- 
ernment, including but not limited to, the cam- 
puses of the California Community Colleges, the 
California State University, and the University 
of California, and the United States, to the 
extent authorized by law. For the purposes of 
this Article, "person" shall include any depart- 
ment, Board or Commission of the City and 
County of San Francisco. 

(r) "Pollution" shall mean an alteration of 
the quality of the groundwater by waste to a 
degree that unreasonably affects the beneficial 
uses of the groundwater. 

(s) "San Francisco Planning Commission" 
shall mean the commission and the department 
established in accordance with Section 4.105 of 
the San Francisco Charter or any successor 
agency, department or commission designated by 
the City as the lead agency for complying with 
the CEQA requirements. 

(t) "SFPUC" shall mean the San Francisco 
Public Utilities Commission as established in 
accordance with Sections 4.112 and 8B.121 of the 
San Francisco Charter and its associated depart- 
ments. 



Sec. 801. 



San Francisco - Health Code 



420 



(u) "Soil Boring" shall mean an uncased 
artificial excavation constructed for the purpose 
of obtaining information on subsurface condi- 
tions to determine the nature of subsurface earth 
materials, the presence or extent of contamina- 
tion in subsurface soil or groundwater and/or 
seismic information. Soil Boring shall include, 
but is not limited to, environmental and geotech- 
nical borings and test holes. 

(v) "Soil Vapor Extraction Well" shall mean 
any well used for on-site remediation to reduce 
the concentration of volatile constituents in pe- 
troleum products absorbed or adsorbed to soils in 
the unsaturated (vadose) zone. 

(w) "Waste" shall mean sewage and other 
substances, liquid, solid, gaseous, or radioactive, 
associated with human habitation, or of human 
or animal origin, or from any producing, manu- 
facturing, or process operation, including waste 
placed within containers of whatever nature 
prior to, and for the purposes of disposal. 

(x) "Water well" shall mean any artificial 
excavation constructed by any method for the 
purpose of extracting groundwater for beneficial 
uses. For the purposes of this Article, the term 
"water well" shall not include: (1) oil and gas 
wells, or geothermal wells constructed under the 
jurisdiction of the California Department of Con- 
servation, except those wells converted for use as 
a water well; or (2) potholes, drainage trenches 
or canals, waste water ponds, shallow root zone 
piezometers, stockponds, or similar excavations. 

(y) "Well" shall include, but is not limited 
to, wells installed for the purposes of extracting 
groundwater for beneficial uses, cathodic protec- 
tion, dewatering, monitoring purposes and soil 
vapor extraction. (Added by Ord. 113-05, File No. 
050547, App. 6/10/2005) 

SEC. 802. CONTAMINATION OF 
GROUNDWATER PROHIBITED. 

It shall be unlawful for any person to con- 
struct, modify, operate or maintain a well or soil 
boring which presents a substantial risk of ground- 
water contamination due to the current or past 



presence of pollution from any source, even if the 
well or soil boring may be properly constructed, 
operated or maintained, except in the case of 

(a) Monitoring wells used for the purposes 
of observing or monitoring groundwater condi- 
tions. 

(b) Extraction wells used for the purpose of 
extracting and treating water or soil from a 
contaminated aquifer. (Added by Ord. 113-05, 
File No. 050547, App. 6/10/2005) 

DIVISION II— WELL AND SOIL BORING 
CONSTRUCTION, MODIFICATION, 
OPERATION AND MAINTENANCE 

SEC. 803. PERMIT REQUIRED. 

Except as otherwise provided by law, no 
person shall construct, modify, operate or main- 
tain a well, whether active or inactive, or soil 
boring without a permit issued in accordance to 
this Article. (Added by Ord. 113-05, File No. 
050547, App. 6/10/2005) 

SEC. 804. APPLICATION. 

Any person proposing to construct, modify, 
operate and/or maintain a well or soil boring 
shall file with the Department a completed writ- 
ten application on forms approved by the Depart- 
ment and submit the appropriate application 
fees thirty (30) days prior to the proposed com- 
mencement of such activities. For well permits in 
Hunters Point Shipyard Parcel A, such permit 
application shall not be deemed complete until 
the department receives written notification from 
the Director that the applicant has complied 
with all provisions of Article 31 that are required 
to be met prior to permit issuance. The com- 
pleted application shall include, without limita- 
tion, all of the following, when applicable: 

(a) The name and address of the owner of 
the property on which the well or soil boring is 
located. 

(b) The name and address of the operator of 
the well or soil boring, if different from the 
owner. 



421 



Soil Boring and Well Regulations 



Sec. 805. 



(c) The name and state license number of 
the general contractor, if applicable, and the 
C-57 license number of the person responsible 
for the construction or modification of the well or 
soil boring. 

(d) The address at which notices issued in 
accordance to this Article are to be served, if 
different from those specified in Subsections (a) 
and (b). 

(e) A plot plan showing the proposed or 
actual location of the well or the soil boring that 
is being constructed, modified, operated or main- 
tained with respect to the following items within 
a radius of five hundred feet (500') from the well 
or soil boring: 

(1) Property lines, including ownership; 

(2) Sewage or waste disposal system, includ- 
ing reserved waste disposal expansion areas, or 
works for conveying sewage waste; 

(3) The approximate drainage pattern of 
the property; 

(4) Other wells, including abandoned wells; 

(5) Access road to the well site; 

(6) Any structures; and 

(7) Any aboveground or below ground utili- 
ties. 

(f) Location of the property with a vicinity 
map including the legal description of the prop- 
erty and the assessor's parcel, block and lot 
numbers. 

(g) The proposed use and the operating pa- 
rameters of the well or soil boring, if applicable. 

(h) The expected operational lifetime of the 
well or soil boring, if applicable. 

(i) Location and classification by visual in- 
spection of any solid, liquid, or hazardous waste 
disposal sites within five hundred feet (500') of 
the proposed well or soil boring. 

(j) Method of and a proposed schedule for 
the construction or modification of the well or 
soil boring. 



(k) The construction parameters of the well 
or soil boring including, without limitations, the 
following information, if applicable: 

(1) Total depth of the proposed well or soil 
boring; 

(2) Depth and the type of casing to be used 
for the proposed well; 

(3) Depth and the type of perforation; and 

(4) Proposed depth and the type of annular 
seal. 

(1) A plan for the safe and appropriate han- 
dling and disposal of drilling fluids and other 
drilling materials resulting from the proposed 
work. 

(m) An approval from the San Francisco 
Public Utilities Commission if drilling fluids or 
water extracted from the well or soil boring will 
be discharged into the sanitary sewer. 

(n) Submission of completion bonds, 
contractor's bonds, cash deposits, or other ad- 
equate security of at least $10,000 to insure that 
all projects are performed completely and prop- 
erly in a manner which protects the public health 
and safety and the integrity of the groundwater 
resources. The Director may, in his or her discre- 
tion, increase the amount of the bond, cash 
deposit or security deemed necessary to protect 
the public health and safety and the integrity of 
the groundwater resources. 

(o) Submission of the appropriate filing fees 
as provided for in this Article. 

(p) Any other information deemed neces- 
sary by the Department to ensure adequate 
protection of groundwater resources. (Added by 
Ord. 113-05, File No. 050547, App. 6/10/2005) 

SEC. 805. ADDITIONAL SUBMISSION 
FOR APPLICATION FOR WATER WELLS. 

In addition to the information specified in 
Section 804 of this Article, an applicant for a 
water well permit shall submit information on 
the proposed operating parameters of the water 
well, including the maximum and average rate of 
withdrawal of groundwater proposed to meet the 
applicant's beneficial uses. Upon receipt of an 
application for a water well permit, the Depart- 
ment shall refer the application to the Depart- 



Sec. 805. 



San Francisco - Health Code 



422 



ment of City Planning for an environmental 
determination under CEQA as required by chap- 
ter 31 of the San Francisco Administrative Code. 
Following completion of CEQA review, the appli- 
cant shall be required to obtain the approval of 
the SFPUC authorizing the withdrawal of ground- 
water and to comply with any conditions or 
restrictions on use of the water well imposed as 
mitigation measures by the Department of City 
Planning or by the SFPUC for purposes of man- 
aging groundwater resources in San Francisco. 
Failure to reach agreement with the SFPUC for 
the operation of a proposed water well shall 
result in denial of a water well permit applica- 
tion by the Department. (Added by Ord. 113-05, 
File No. 050547, App. 6/10/2005) 

SEC. 806. PERMIT ISSUANCE AND 
MANDATORY PROVISIONS. 

Upon satisfactory compliance with the re- 
quirements of Sections 804 and 805 of this Ar- 
ticle, the Department shall issue to the applicant 
a permit for the construction, modification, main- 
tain and operation of the well. The Department 
may include such terms in the permit, as neces- 
sary, to ensure compliance with the require- 
ments of this Article. In addition, the permit 
shall be issued with the following terms and 
conditions whether explicitly stated or not, when 
applicable: 

(a) The construction or modification of the 
well or soil boring on the property shall be 
comply with the standards set forth in the "Wa- 
ter Well Standards: State of California, Califor- 
nia Department of Water Resources Bulletin 74," 
1968, including all subsequent modifications and 
with this Article; 

(b) The permittee shall complete any autho- 
rized work related to the construction and modi- 
fication of the well or soil boring within six (6) 
months of the date of issuance of the permit; 

(1) Upon a showing of good cause by the 
applicant, the Department may grant the appli- 
cant a one-time extension not to exceed six (6) 
months. Applicant shall make the request for an 
extension in writing to the Department at least 



thirty (30) days prior to the expiration of the 
construction authorization set forth in the per- 
mit. 

(c) Upon the expiration of the construction 
authorization of the permit, no further work 
shall be performed unless and until the appli- 
cant receives an extension or a new authoriza- 
tion; 

(d) The permittee shall post a copy of the 
permit at well or soil boring site at all times; 

(e) The permittee shall use construction prac- 
tices that would prevent the contamination or 
pollution of groundwater during the construction 
or modification of the well or soil boring; 

(f) The permittee shall comply with the ap- 
proved plan for the safe and appropriate han- 
dling, labeling, storage and disposal of drilling 
fluids and other drilling materials used in con- 
nection with the permitted work; 

(g) All construction or modification work 
shall be performed by a person who possesses a 
valid C-57 contractor's license issued by the 
California Stale Contractor Licensing Board and 
is identified in the application submitted in 
accordance with Section 804 of this Article; 

(h) All work shall be performed in accor- 
dance with the approved work schedules and 
methods, as set forth in the application submit- 
ted in accordance with Section 804 of this Article. 
If changes are made to the work schedule, appli- 
cant shall inform the Department in writing 
within five (5) days after such changes are deemed 
necessary; 

(i) The permittee shall not operate the well 
unless the Department has inspected the well in 
accordance with Section 826 of this Article to 
ensure compliance with the requirements of this 
Article or unless such inspections have been 
waived by the Department; 

(j) For a soil boring, the soil boring shall be 
destroyed in accordance with the requirements 
of this Article within 24 hours from the time that 
the testing work is completed and the owner 
and/or operator shall provide to the Department 
documentation showing such destruction within 
24 hours of the destruction of the soil boring. 



423 



Soil Boring and Well Regulations 



Sec. 809. 



(k) For the construction or modification of a 
well that penetrates more than one groundwater 
aquifer in areas designated by the San Francisco 
Public Utilities Commission with known ground- 
water quality problems, the permittee shall sub- 
mit: 

(1) A report prepared by a geologist regis- 
tered pursuant to Business & Professions Code 
§ 7850 or a civil engineer that is licensed pursu- 
ant to Business & Professions Code § 6762 that 
identifies all strata containing poor quality ground- 
water and recommends the location and specifi- 
cation of the seal(s) needed to prevent the en- 
trance of poor quality groundwater or its migration 
into the other aquifers; and 

(2) Special annular seals to prevent mixing 
of groundwater from the several aquifers. 

(1) The permit shall be renewed in accor- 
dance with Section 808 of this Article. 

(m) The permittee shall comply with all 
applicable provisions of local, state and federal 
laws. (Added by Ord. 113-05, File No. 050547, 
App. 6/10/2005) 

SEC. 807. ADDITIONAL TERMS FOR 
WATER WELL PERMITS. 

In addition to the provisions set forth in 
Section 806 of this Article, a permit for a water 
well shall be issued with the following terms and 
conditions whether explicitly stated or not. 

(a) The issuance of a permit by the Depart- 
ment, shall not be construed as vesting overlying 
or appropriative groundwater rights on the per- 
mittee to withdraw water from the water well. 
Any water well construction and operation au- 
thority granted by the Department to the per- 
mittee shall be subject to the terms of the ap- 
proval from the SFPUC to the permittee for the 
extraction of groundwater required under sec- 
tion 805 of this Article. 

(b) A record of the operation of the water 
well shall be kept at the water well site or at 
another location upon prior approval of the De- 
partment for a period of three (3) years and shall 
be available for inspection by the Department or 



the SFPUC upon request. The record shall in- 
clude, information as required by the agreement 
between the permittee and SFPUC. 

(c) The permit shall automatically expire 
upon the termination of the agreement or ap- 
proval for the withdrawal of groundwater from 
the permitted well, unless (1) the withdrawal of 
groundwater from the permitted well was ex- 
tended by mutual agreement between the per- 
mittee and the SFPUC, (2) within 15 days before 
the termination of the agreement, the permittee 
notifies the Department that the permit will be 
transferred to the SFPUC at the termination of 
the agreement, or (3) the permittee receives an 
approval from the Department allowing for the 
maintenance of an inactive well. (Added by Ord. 
113-05, File No. 050547, App. 6/10/2005) 

SEC. 808. TRANSFER OF PERMIT. 

Except as provided for in this Section, per- 
mits issued under this Article shall not be trans- 
ferred to another person, address or physical 
location within the same address. 

(a) A permit issued under this Article may 
be transferred to another person, provided that, 
the Department is notified within thirty (30) 
days of the change in owner and/or operator of 
the well and receives the appropriate fees. 

(b) A permit issued under this Article may 
be transferred to the SFPUC upon the termina- 
tion of the agreement or approval from the 
SFPUC to withdraw groundwater. Such transfer 
shall only occur upon an agreement from the 
SFPUC to accept such transfer. (Added by Ord. 
113-05, File No. 050547, App. 6/10/2005) 

SEC. 809. GENERAL WELL 
CONSTRUCTION STANDARDS. 

(a) Except as otherwise provided, the stan- 
dards for construction and modification of wells 
shall be those as set forth in the "Water Well 
Standards: State of California, California Depart- 
ment of Water Resources Bulletin 74," 1968, 
including all subsequent modifications. 

(b) The construction of monitoring wells shall 
conform to the applicable California Department 
of Water Resources, California Department of 



Sec. 809. 



San Francisco - Health Code 



424 



Toxic Substance Control, the Regional Water 
Quality Control Board, and the United States 
Environmental Protection Agency standards and 
guidelines for the construction of monitoring 
wells. 

(c) For the construction or modification of a 
well that penetrates more than one groundwater 
aquifer in areas designated by the City with 
known groundwater quality problems, the De- 
partment may require: 

(1) A report prepared by a geologist regis- 
tered pursuant to Business & Professions Code 
§ 7850 or a civil engineer that is licensed pursu- 
ant to Business & Professions Code § 6762 that 
identifies all strata containing poor quality ground- 
water and recommends the location and specifi- 
cation of the seal(s) needed to prevent the en- 
trance of poor quality groundwater or its migration 
into the other aquifers, and 

(2) Special annular seals to prevent mixing 
of groundwater from the several aquifers. 

(d) Drilling fluids and other drilling mate- 
rials used in connection with the construction of 
wells or soil borings shall not be allowed to 
discharge onto streets or into sanitary sewer or 
waterways, or to the adjacent property unless: 

(1) the San Francisco Public Utilities Com- 
mission, Industrial Waste Division gave prior 
approval to the discharge of drilling fluid into the 
sanitary sewer; 

(2) the discharge is carried out in compli- 
ance with a lawful order from the Regional 
Water Quality Control Board for the San Fran- 
cisco Bay Area; or 

(3) the discharge onto adjacent property is 
in accordance with a prior written agreement 
with the owner(s) of the adjacent property; such 
fluids and materials shall be cleaned up and 
removed within thirty (30) days after completion 
of the well drilling; and there is no violation of 
waste discharge regulations set forth in Article 
4.1 of the San Francisco Public Works Code. 
(Added by Ord. 113-05, File No. 050547, App. 
6/10/2005) 



SEC. 810. ADDITIONAL 
CONSTRUCTION STANDARDS FOR 
WATER WELLS. 

In addition to the standards .specified in 
Section 809 of this Article, the construction or 
modification of water wells shall comply with the 
following: 

(a) Water wells shall be located an adequate 
distance from all potential sources of contamina- 
tion and pollution. Such minimum distances 
shall be as follows: 

(1) Sewer — 50 feet. 

(2) Watertight septic tank— 100 feet. 

(3) Subsurface sewage leach line or leach 
field— 100 feet. 

(4) Cesspool or seepage pit — 150 feet. 

(5) Animal or fowl enclosures — 100 feet. 

(6) Any surface sewage disposal system — 
200 feet. 

(b) Minimum distances of the water well 
from sources of pollution or contamination may 
be increased when the Department determines 
that particularly adverse or special hazards ex- 
ist, the foregoing distances may be increased. 
Alternatively, the Department may require spe- 
cially approved means to protect the quality of 
groundwater extracted for beneficial uses and in 
the underlying aquifer(s). 

(c) A sounding pipe or other access to well 
casing. 

(d) A check valve shall be provided on the 
pump discharge line adjacent to the pump. 

(e) An unthreaded spigot shall be provided 
on the pump discharge line of any well adjacent 
to the pump and on the upstream side of the 
check valve. 

(f) A flow meter or other suitable measuring 
device shall be located at each water well and 
shall accurately register the quantity of water 
being withdrawn from the water well. 

(g) An air-relief vent, if installed, shall be 
directed downward, be screened, and otherwise 
be protected from the entrance of contaminants. 

(h) All pump discharge pipes not discharg- 
ing or open to the atmosphere shall be equipped 
with an automatic device to prevent backflow 



425 



Soil Boring and Well Regulations 



Sec. 813. 



and/or back siphonage into a water well. Specific 
backflow prevention measures are required for 
drinking water supply wells, as prescribed in 
Sections 7583—7585 and 7601—7605 of Title 17 
of the California Code of Regulations. 

(i) After completion of the construction or 
modification activity, the water well shall be 
thoroughly cleaned of all foreign substances. The 
well gravel used in packed wells, pipes, pump, 
pump column, and all well water contact equip- 
ment surface shall be disinfected by a Department- 
approved method. The disinfectant shall remain 
in the water well and upon all relevant surfaces 
for at least twenty-four (24) hours. Disinfection 
procedures shall be repeated until microbiologi- 
cally safe water can be produced, as set forth in 
the California Code of Regulations, Title 22, 
Domestic Water Quality Monitoring. At the dis- 
cretion of the Department, for the purpose of 
protecting public health and safety, any new or 
modified water well shall be tested for all water 
quality standards as set forth in Title 22 of the 
California Code of Regulations. (Added by Ord. 
113-05, File No. 050547, App. 6/10/2005) 

SEC. 811. VARIANCES. 

The Director shall have the discretion to 
grant variances from the construction standards 
for water wells set forth in Section 810, provided 
that the applicant demonstrates that strict inter- 
pretation of a standard would cause practical 
difficulties or unnecessary hardship due to spe- 
cial circumstances and that the requested vari- 
ances do not pose a threat to the public health 
and the City's groundwater resources. A request 
for a variance shall be in writing and submitted 
to the Department as a part of the application for 
a permit. No variance shall be granted unless: 
(a) it has been evaluated by the San Francisco 
Planning Department during its environmental 
review process in accordance with San Francisco 
Administrative Code Chapter 31 and (b) the 
Department finds, after an administrative hear- 
ing held in accordance with Section 833 of this 
Article, that the requested variance is consistent 
with the purposes of this Article. (Added by Ord. 
113-05, File No. 050547, App. 6/10/2005) 



SEC. 812. MODIFICATION OF A WELL 
PERMIT. 

(a) The Department may order the modifi- 
cation of any permit issued under this Division 
upon (1) a written application from the permittee 
or (2) a showing that the operation may (A) 
violate any provisions of this Article or (B) en- 
danger the public health. 

(b) If the Department determines that a 
permit issued under this Division is required to 
be modified in accordance with Clause (a)(2) of 
this Section, the Department may issue an order 
modifying the permit to protect the public health 
and safety. The Department shall be served such 
order on the permittee, either by personal ser- 
vice or by certified mail return receipt requested, 
and shall be effective and final thirty (30) days 
after the service of such order unless appealed by 
the permittee. Within thirty (30) days from the 
service of the order, the permittee may appeal 
the modification order to the Director. The Direc- 
tor shall conduct an administrative hearing upon 
the filing of an appeal by the permittee in accor- 
dance to Section 833 of this Article; 

(c) A permittee proposing to modify the op- 
eration of a water well by increasing the rate of 
water withdrawal shall be referred by Depart- 
ment to the Department of City Planning for 
CEQA review under Chapter 31 of the San 
Francisco Administrative Code. Following said 
determination, the permittee shall submit to 
Department a copy of the agreement with the 
SFPUC authorizing increased water withdraw- 
als; 

(d) Except as provided for in Subsection (b) 
of this Section, prior to ordering any requested 
modification, the Department shall hold an ad- 
ministrative hearing pursuant to Section 833 of 
this Article. (Added by Ord. 113-05, File No. 
050547, App. 6/10/2005) 

SEC. 813. PERMIT RENEWAL. 

Every permittee shall renew his or her per- 
mit, at the beginning of each calendar year, by 
paying to the Tax Collector the annual permit fee 
set forth in Section 249.13 of the San Francisco 
Business and Tax Regulation Code. Upon the 



Sec. 813. 



San Francisco - Health Code 



426 



failure of the permittee to pay such fees, the 
permit shall be considered null and void until 
the permittee pays the fees and any penalties 
that might be assessed by the Director. (Added 
by Ord. 113-05, File No. 050547, App. 6/10/2005) 

SEC. 814. SUSPENSION AND 
REVOCATION. 

The Department shall have the authority to 
suspend or revoke any permit issued under this 
Article upon a showing that the permittee has 
violated any provisions of the permit or this 
Article, has misrepresented any material fact in 
an application or any supporting documents for a 
permit, or failed to comply with any final non- 
appeal Director's order. Prior to ordering such 
suspension or revocation, the Department shall 
hold an administrative hearing pursuant to Sec- 
tion 833 of this Article. (Added by Ord. 113-05, 
File No. 050547, App. 6/10/2005) 

DIVISION III— WELL INACTIVATION AND 
DESTRUCTION 

SEC. 815. DISCONTINUATION OF WELL 
OPERATION. 

Not later than fifteen (15) days before discon- 
tinuing a well operation, the owner or operator 
shall: 

(a) notify the Department that the opera- 
tion of the well will be terminated; and 

(b) take one of the following action: 

(1) apply for approval to destroy the well, 

(2) notify the Department that the permit 
for the water well will be transferred to the 
SFPUC upon the discontinuation of the water 
well operation, or 

(3) submits a plan for Department approval 
allowing the well to remain in an inactive state. 

Upon the discontinuation of the operation of 
a well, the owner or operator shall make all 
reasonable efforts to prevent the contamination 
or pollution of the well and to minimize the 
safety hazards caused by the presence of the well 
until the well is destroyed, the permit is trans- 
ferred to the SFPUC, or the department ap- 



proves the plan to maintain an inactive well 
submitted in accordance with this Article. (Added 
by Ord. 113-05, File No. 050547, App. 6/10/2005) 

SEC. 816. WELL INACTIVATION. 

An owner or operator of a well may seek 
approval from the Department to maintain an 
inactive well by submitting the appropriate ap- 
plication fee and a plan including, without limi- 
tation, the following information: 

(a) The owner of the property on which the 
well is located. 

(b) The address of the owner of the prop- 
erty. 

(c) The manner in which the well will be 
maintained to prevent the contamination of the 
groundwater and to minimize the safety hazard 
of having an inactive well on the property. (Added 
by Ord. 113-05, File No. 050547, App. 6/10/2005) 

SEC. 817. APPROVAL FOR WELL 
INACTIVATION. 

Upon the submission of a plan to inactivate a 
well, the Department shall review such plan to 
ensure that the inactive well will be maintained 
in a manner such that the inactive well will not 
become a safety hazard to humans and animals 
or a conduit for the contamination of the ground- 
water. The Department shall issue an approval 
for the owner/operator to maintain the well in an 
inactive state in accordance with the approved 
plan. Within five (5) days of the issuance of such 
approval, the Department shall inspect the inac- 
tive well to verify the implementation of ap- 
proved plan. The Department shall notify the 
SFPUC of any approval for a water well inacti- 
vation issued under this Section. 

(a) If the Department determines that the 
submitted plan does not comply with the require- 
ments of this Article, the Department shall reject 
the plan and specify deficiencies found in the 
plan. Within fifteen (15) days of the receipt of 
such rejection the owner/operator shall (1) re- 
quest an administrative hearing held in accor- 
dance with Section 833 of this Code; (2) submit 
an application for the destruction of the well in 
accordance with Section 819 of this Code; or (3) 



427 



Soil Boring and Well Regulations 



Sec. 821. 



submit a modified plan correcting the deficien- 
cies cited by the Department in its rejection. 
(Added by Ord. 113-05, File No. 050547, App. 
6/10/2005) 

SEC. 818. WELL DESTRUCTION. 

(a) Except as otherwise provided by law, no 
person shall destroy a well without prior ap- 
proval from the Department. 

(b) A person may commence the destruction 
of any wells without prior approval provided that 
such work is urgently needed and that any delay 
would result in an immediate and imminent 
threat to the public health and safety or the 
environment. Any person commencing work un- 
der this Subsection shall ensure that the destruc- 
tion activities comply with the standards set 
forth in this Article and shall submit an applica- 
tion for approval with a statement setting forth 
the situation justifying the commencement of 
the work without prior authorization from the 
Department along with any appropriate fees 
within 24 hours from the commencement of any 
work. In the case where the work commenced on 
a holiday or weekend, the application shall be 
submitted to the Department by the close of 
business on the following business day. 

(1) Failure to submit an adequate state- 
ment justifying the commencement of the work 
without prior authorization from the Depart- 
ment is a violation of this Article. (Added by Ord. 
113-05, File No. 050547, App. 6/10/2005) 

SEC. 819. APPLICATION FOR 
APPROVAL. 

Except as provided for in Section 818(b), any 
person proposing to destroy a well shall file with 
the Department a completed written application 
on forms approved by the Department and sub- 
mit the appropriate application fees fifteen (15) 
days prior to the proposed commencement of 
such activities. The completed application shall 
include, without limitation, all of the following: 

(a) The owner of the property on which the 
well is located. 



(b) The name and state license number of 
the general contractor, if applicable, and the 
C-57 license number of the person responsible 
for the destruction of the well. 

(c) The work plan for the destruction of the 
well that complies with the standards set forth 
in the "Water Well Standards: State of Califor- 
nia, California Department of Water Resources 
Bulletin 74," 1968, including all subsequent modi- 
fications. 

(d) Any other information deemed neces- 
sary by the Department to ensure adequate 
protection of groundwater resources. (Added by 
Ord. 113-05, File No. 050547, App. 6/10/2005) 

SEC. 820. ISSUANCE OF APPROVAL. 

Upon the submission of an application for the 
destruction of a well, the Department shall re- 
view such application to ensure that the destruc- 
tion of the well will be carried out in compliance 
with the requirements set forth in the "Water 
Well Standards: State of California, California 
Department of Water Resources Bulletin 74," 
1968, including all subsequent modifications and 
may modify the work plan to ensure compliance. 
In reviewing the application, the Department 
may inspect the well site. The Department shall 
issue an approval to destroy the well upon a 
satisfactory showing that the proposed or modi- 
fied work plan complies with legal requirements 
and shall required the completion of the well 
destruction within 90 days of the issuance of the 
approval. (Added by Ord. 113-05, File No. 050547, 
App. 6/10/2005) 

SEC. 821. NUISANCE DECLARED AND 
ABATEMENT AUTHORITY. 

The Board of Supervisors finds and declares 
wells that are: (1) abandoned; (2) constructed or 
operated in violation of state and local stan- 
dards, permits or orders; or (3) providing con- 
duits for the spread of contamination from the 
surface to groundwater, to connected aquifers 
and to other wells/ soil borings and soil borings 
that are unused to be public nuisances. The 



Sec. 821. 



San Francisco - Health Code 



428 



Department shall have the authority to abate 
such nuisance pursuant to Article 11 of this 
Code. 

(a) The Department may order the owner of 
such wells to submit an application for the de- 
struction of such wells within 30 days of the 
service of the order and destroy the well in 
accordance with this Article. (Added by Ord. 
113-05, File No. 050547, App. 6/10/2005) 

SEC. 822. UNUSED WELL DISCOVERED. 

Upon receipt of information by the Depart- 
ment of the existence of any unused well, the 
Department may order the owner to submit an 
application for the destruction or approval to 
maintain of such wells in an inactive state within 
30 days for the service of the order and destroy 
the well or maintain the well as inactive in 
accordance with this Article. (Added by Ord. 
113-05, File No. 050547, App. 6/10/2005) 

SEC. 823. CONTENT AND SERVICE OF 
THE DESTRUCTION ORDER. 

(a) The order shall advise the owner of his 
or her right to seek an administrative review by 
requesting an administrative hearing within fif- 
teen (15) days from the service of the order. 

(b) The Department shall serve the destruc- 
tion order issued in accordance with Section 
821(a) of this Article by certified mail return 
receipt requested. (Added by Ord. 113-05, File 
No. 050547, App. 6/10/2005) 

SEC. 824. ADMINISTRATIVE REVIEW 
OF DESTRUCTION ORDER. 

Upon a timely request for an administrative 
review, the Director shall conduct an administra- 
tive hearing in accordance with Section 833 of 
this Article. The Director shall affirm the destruc- 
tion order if evidence in the administrative record 
or produced at the hearing demonstrating that 
the well in question: (1) is an abandoned well, (2) 
is constructed or operated in violation of state 
and local standards, permits or orders or (3) 
presents a potential for contamination or pollu- 
tion of groundwater. (Added by Ord. 113-05, File 
No. 050547, App. 6/10/2005) 



DIVISION IV— ENFORCEMENT 

SEC. 825. RIGHT OF ENTRY AND 
INSPECTION. 

The Department shall have the right to enter 
any premises, as authorized by this Article, to 
verify, by inspection and/or testing, compliance 
with the requirements of this Article. This right 
of entry shall be exercised only at reasonable 
hours, and entry shall be made to any premises 
only with the consent of the owner or occupant 
thereof, or with a proper inspection warrant. If 
the owner and/or occupant thereof refuses to give 
consent, the Department may request the City 
Attorney to seek an inspection warrant from the 
Superior Court for the County of San Francisco 
pursuant to Title 13 of the California Code of 
Civil Procedure (Section 1822.50 et seq.). (Added 
by Ord. 113-05, File No. 050547, App. 6/10/2005) 

SEC. 826. SPECIFIC INSPECTION 
AUTHORIZED. 

In addition to the inspections set forth below, 
the Department may inspect the drilling or ex- 
cavation site at such other times as it deems 
necessary to carry out the purposes of the Ar- 
ticle. The Department is authorized to obtain 
water samples, as needed. 

(a) Annual Inspection. The Department 
shall annually inspect each permitted well to 
ensure that such well is being operated or main- 
tained in compliance with the requirements of 
this Article and the terms of the permit. 

(b) Initial Inspection. Upon the receipt of 
an application for a permit, the Department may 
inspect the drilling or excavation site before the 
issuance of the permit. If the Department deter- 
mines that the site conditions require additional 
protective measures than those proposed in the 
permit application, the Department may require 
the relocation of the drilling or excavation site, or 
impose additional conditions in the permit that 
is needed to protect groundwater quality and the 
public health. 

(c) Well Seal Inspection. The Department 
may inspect the annular space grout depth prior 
to sealing. Permittee shall notify the Depart- 



429 



Soil Boring and Well Regulations 



Sec. 829. 



ment the commencement of any construction 
activities at least ten (10) days prior to the 
commencement of drilling and provide the antici- 
pated time to commence the sealing of the annu- 
lar space. Permittee shall notify the Department 
at least forty-eight (48) hours prior to the sealing 
the annular space. No seal of the annular space 
shall be tremied unless authorized by the De- 
partment. All wells shall be sealed in accordance 
with the standards set forth in this Article and 
any applicable permit provisions. 

(d) Final Inspection. The applicant shall 
notify the Department within seven (7) days of 
the completion of its work at each drilling site. 
The Department may make a final inspection 
after the completion of the work to determine 
whether the well was completed in accordance to 
the requirements of this Article. 

(e) Well Destruction Inspection. The ap- 
plicant shall notify the Department the com- 
mencement of any well destruction activities at 
least ten (10) days before the commencement of 
such activities. 

(f) Waiver of Inspection. The Department 
may waive the inspection set forth in this Section 
if any of the following conditions exists: 

(1) The work will be inspected by the Cali- 
fornia Regional Water Quality Control Board or 
the California Department of Health Services or 
the California Department of Toxic Substances 
Control and these designated agencies will pro- 
vide a report to the Department regarding all 
drilling features. 

(2) Drilling site is well known to the Depart- 
ment and it is known that no significant threat 
to groundwater quality exists in the area. 

(g) Failure to Notify. 

(1) Upon an applicant's failure to notify the 
Department of the filling of the annular space, 
the well owner/operator may not operate the well 
until he/she submits results from approved geo- 
physical testing, including Sonic Log and Gamma 
Ray Log, demonstrating that the annular space 
has been properly installed. 

(2) Upon an applicant's failure to notify the 
Department of the destruction of a well, the 
Department may require the well owner/opera- 



tor to submit a report from the contractor who 
destroyed the well describing the work per- 
formed during the destruction of the well. (Added 
by Ord. 113-05, File No. 050547, App. 6/10/2005) 

SEC. 827. REPORT OF COMPLETION. 

Within thirty (30) days of the construction, 
modification, or destruction of any well, the well 
owner/operator or his/her contractor shall sub- 
mit to the Department a copy of the "Report of 
Completion" (Water Well Drillers Report, Depart- 
ment of Water Resources Form 188) in accor- 
dance with California Water Code § 13571. Such 
submission shall not be deemed to relieve the 
well owner/operator or his/her contractor of their 
obligation to file such report with the State 
Department of Water Resources. 

(a) Confidentiality of Report. Pursuant to 
California Water Code § 13572, the Report of 
Completion shall be kept confidential unless the 
release of the report is authorized by that sec- 
tion. (Added by Ord. 113-05, File No. 050547, 
App. 6/10/2005) 

SEC. 828. SUSPENSION AND 
REVOCATION. 

The Department shall have the authority to 
suspend or revoke any permit issued under this 
Article upon a showing that the permittee has 
violated any provisions of the permit or this 
Article, has misrepresented any material act in 
an application or any supporting documents for a 
permit, or failed to comply with any final non- 
appeal Directors order. Prior to ordering such 
suspension or revocation, the Department shall 
hold an administrative hearing pursuant to Sec- 
tion 833 of this Article. (Added by Ord. 113-05, 
File No. 050547, App. 6/10/2005) 

SEC. 829. ENFORCEMENT. 

(a) Cease and Desist Orders. Whenever 
the Department finds that a person in violation 
of any requirements of this Article, permit or any 
order issued under this Article, by the Director 
may: 

(1) Issue an order directing the person to 
cease and desist such violation and directing the 
person to achieve compliance with a detailed 



Sec. 829. 



San Francisco - Health Code 



430 



time schedule of various actions the person must 
take to correct or prevent violations of this Ar- 
ticle. 

(2) Issue an order revoking or suspending 
any permit. 

(b) Any order issued under this Subsection 
may require the person to provide such informa- 
tion as the Department deems necessary to ex- 
plain the nature of the violation. The order 
issued may require the person to pay the City the 
costs of any extraordinary inspection or monitor- 
ing deemed necessary by the Department be- 
cause of the violation. 

(c) Administrative Complaints. The De- 
partment may issue an administrative com- 
plaint, approved as to form by the City Attorney 
to any person who is in violation of this Article, 
any provisions of the permit or a final and 
non-appealable Director's order issued under this 
Article. The complaint shall allege the acts or 
omissions that constitute the basis for liability 
and the amount of the proposed administrative 
penalty. The Department shall serve the com- 
plaint by personal service or certified mail, re- 
turn receipt requested, and shall inform the 
party so served that an administrative hearing 
provided for in Section 833 shall be conducted 
within 60 days after the party has been served, 
unless the party waives its right to the hearing. 
If the party waives the right to the hearing, the 
Director shall issue an order setting liability in 
the amount proposed in the complaint unless the 
Department and the party have entered into a 
settlement agreement, in which case, such agree- 
ment shall be construed as an order issued by 
the Director. The settlement agreement shall be 
approved as to form by the City Attorney. Where 
the party has waived its right to a hearing or 
where there is a settlement agreement, the order 
shall not be subject to review by any court or 
agency. 

(d) Referral to the District Attorney. 

Upon the failure of any person to comply with 
any requirement of this Article, the Department 
may refer the matter to the District Attorney for 
criminal prosecution. 



(e) Injunctive Relief. 

( 1 ) Upon the failure of any person to comply 
with any requirement of this Article, permit, any 
regulation or any 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 require- 
ments. 

(2) In any civil action brought under this 
Subsection in which a temporary restraining 
order, preliminary injunction or permanent in- 
junction is sought, it is not necessary to allege or 
prove at any stage of the proceeding any of the 
following: 

(A) Irreparable damage will occur should 
the temporary restraining order, preliminary in- 
junction 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 in- 
junction in a civil action brought under this 
Article without the allegations and without the 
proof specified herein. 

(f) Notice of Violation. Upon a determina- 
tion of violations of this Article, the Department 
may issue a notice of violation setting forth all 
violations found and a time period to correct such 
violation. The owner and operator of the well/soil 
boring and the owner of the property on which 
the well/soil boring is situated shall be provided 
with a copy of the notice of violation. (Added by 
Ord. 113-05, File No. 050547, App. 6/10/2005) 

SEC. 830. PENALTIES. 

(a) Criminal Penalties. Any person who 
knowingly and willfully violates the require- 
ments of this Article, or any final and non- 
appealable order issued by the Department is 
guilty of a misdemeanor and upon conviction 
thereof is punishable by a fine of not less than 
fifty dollars ($50) and not more than five hun- 
dred ($500) for each day per violation, or by 



431 



Soil Boring and Well Regulations 



Sec. 833. 



imprisonment in the County Jail for a period not 
to exceed six (6) months, or by both such fine and 
imprisonment. 

(b) Civil Penalties. Any person in viola- 
tion of this Article or any final and non-appeal- 
able order issued by the Department shall be 
liable to the City and County of San Francisco for 
a civil penalty in an amount not to exceed one 
thousand dollars ($1,000) per day per violation. 
Each day in which the violation continues shall 
constitute a separate and distinct violation. 

(c) Administrative Penalties. The Depart- 
ment may issue to any person an administrative 
complaint, approved as to form by the City 
Attorney, for violating this Article or any final 
and non-appealable order issued by the Depart- 
ment. The administrative complaint shall allege 
acts or omissions that constitute a violation and 
the amount of the proposed administration pen- 
alty sought. Such administrative penalty shall 
be in an amount not to exceed one thousand 
($1,000) per day per violation. Each day in which 
the violation continues shall constitute a sepa- 
rate and distinct violation. 

(d) Non-Duplication of Penalty Assess- 
ment. Civil penalties shall not be assessed pur- 
suant to Subsection (b) for same violations for 
which the Department assessed an administra- 
tive penalty pursuant to Subsection (c). 

(e) Factors Considered. In determine the 
appropriate penalties, the court, the Director 
shall consider the extent of harm caused by the 
violation, the nature and persistence of the vio- 
lation, the frequency of past violations, any ac- 
tion taken to mitigate the violation, and the 
financial burden to the violator. (Added by Ord. 
113-05, File No. 050547, App. 6/10/2005) 

SEC. 831. LIABILITY FOR DAMAGES. 

In addition to any penalties provided for in 
this Article, any person who destroys or causes 
the destruction of a well in violation of the 
standards set forth in the "Water Well Stan- 
dards: State of California, California Depart- 
ment of Water Resources Bulletin 74," 1968, 
including all subsequent modifications, shall be 
liable for any damages caused by the improperly 



destroyed well including, without limitation, the 
contamination or pollution of the groundwater. 
(Added by Ord. 113-05, File No. 050547, App. 
6/10/2005) 

SEC. 832. LIENS. 

(a) Costs and charges incurred by the City 
as a result of enforcement activities including, 
without limitations, monitoring and inspection 
costs, delinquency in the payment of a bill for 
fees applicable under this Article in excess of 
thirty (30) days, and any final administrative 
penalties assessed against a person for viola- 
tions of this Article shall be an obligation owed to 
the City by the owner of the property where the 
well and/or soil boring is located, provided that 
the owner was given notice and opportunity to 
contest the assessment of such fees, charges or 
penalties. Such obligation may be collected by 
means of the imposition of a lien against such 
property. The City shall mail to property owner a 
notice of the amount due and a warning that lien 
proceedings will be initiated against the prop- 
erty if the amounts are not paid within thirty 
(30) days after mailing of the notice. 

(b) Liens shall be created and assessed in 
accordance with the requirements of Article XX 
of Chapter 10 of the San Francisco Administra- 
tive Code (commencing with Section 10.230). 
(Added by Ord. 113-05, File No. 050547, App. 
6/10/2005) 

SEC. 833. ADMINISTRATIVE HEARING. 

(a) The Director shall hold an administra- 
tive hearing for the following purposes: 

(1) To issue or deny a permit application 
when requested by a person pursuant to this 
Article; 

(2) To modify, revoke or suspend a permit 
that has been issued pursuant to this Article, 
except as otherwise provided in this Article; 

(3) To issue an order imposing administra- 
tive penalty against a person unless such person 
waived her or his right to a hearing. 

(b) Notice of hearing pursuant to this Sec- 
tion shall be given by publication in a newspaper 
of general circulation in the City and County of 



Sec. 833. 



San Francisco - Health Code 



432 



San Francisco for at least two (2) days and not 
less than ten (10) days prior to the date of such 
hearing. Written notice shall be sent to any 
interested person, including without limitation 
the applicant or permittee by certified mail, 
return receipt requested, at least ten (10) days in 
advance of the hearing. The notice shall state the 
nature and purpose of the hearing and the hear- 
ing date and location. 

(c) In any hearing held in accordance with 
this Article, any party shall have the right to 
offer testimonial, documentary, and tangible evi- 
dence bearing on the issues, to see and copy all 
documents and other information the City relies 
on in the proceeding, to be represented by coun- 
sel, and to confront and cross-examine any wit- 
nesses against them. The hearing may be contin- 
ued for a reasonable time once upon a showing of 
good cause by the party requesting such continu- 
ance. The request for continuance shall be in 
writing setting forth the basis for the request 
and shall be submitted to the Director at least 
one business day before the hearing. 

(d) In a hearing to issue an order setting 
liability for administrative penalties, the Direc- 
tor shall designate a certified court reporter to 
report all testimonies, the objections made, and 
the rulings of the objections made by the Direc- 
tor. Fees for the transcripts of the proceeding 
shall be at the expense of the party requesting 
the transcript as prescribed by the California 
Government Code § 69950, and the original 
transcript shall filed with the Director at the 
expense of the party ordering the transcript. In 
all other hearings, the proceedings shall be elec- 
tronically recorded. 

(e) The Director shall issue his or her deci- 
sion and order within thirty (30) days from the 
conclusion of the hearing. The decision and order 
shall be in writing and shall contain a statement 
of reasons in support of the decision. The deci- 
sion and order shall be sent by certified mail, 
return receipt requested, to the owner and op- 
erator and by first class mail to all other inter- 
ested parties. 



(f) An administrative order imposing an ad- 
ministrative penalty shall be final. Such decision 
shall advise interested parties of their right to 
seek a judicial review of the decision pursuant to 
California Code of Civil Procedures § 1094.6. 

(g) The Director's order to issue, deny, modify, 
revoke, suspend, or renew a permit may be 
appealed to the Board of Appeals in the manner 
prescribed in Article 1, Part III of the San 
Francisco Municipal Code. Because of the poten- 
tial threat to the public health and safety of a 
well that is operating in violation of this Article, 
the Director's decision to modify, revoke or sus- 
pend a permit shall not be automatically stayed 
upon the filing of an appeal to the Board of 
Appeal. 

(h) The Director may designate a hearing 
officer to preside over any hearing and to act on 
behalf of the Director in accordance with this 
Section. The Director may not designate a per- 
son to preside over any hearings if such person: 

(1) has served as investigator, prosecutor, 
or advocate in the proceeding or its preadjudica- 
tive stage; or 

(2) is subject to the authority, direction or 
discretion of a person who has served as inves- 
tigator, prosecutor, or advocate in the proceeding 
or its preadjudicative stage. 

(i) Notwithstanding Subsection (h), the Di- 
rector may designate a person to preside over the 
hearing if such person participated only as a 
decision maker or as an advisor to a decision 
maker in a determination of probable cause or 
other equivalent preliminary determination in 
an adjudicative proceeding or preadjudicative 
stage. 

(j) The person designated as the hearing 
officer shall not receive any additional compen- 
sation solely for her or his service as the hearing 
officer. (Added by Ord. 113-05, File No. 050547, 
App. 6/10/2005) 

SEC. 834. DISQUALIFICATION. 

The hearing officer is subject to disqualifica- 
tion for bias, prejudice, or interest in the proceed- 



433 



Soil Boring and Well Regulations 



Sec. 840. 



ing. It is not alone or in itself grounds for 
disqualification, without further evidence of bias, 
prejudice or interest, that the hearing officer: 

(a) is or is not a member of a racial, ethnic, 
religious, gender, or similar group and the pro- 
ceeding involves the rights of that group; 

(b) has experience, technical competence or 
specialized knowledge of, or has in any capacity 
expressed a view on, a legal, factual, or policy 
issue presented in the proceeding; or 

(c) has as a public official participated in 
the drafting of laws or regulations or in the effort 
to pass or defeat laws or regulations, the mean- 
ing, effect or application of which is in issue in 
the proceeding. (Added by Ord. 113-05, File No. 
050547, App. 6/10/2005) 

DIVISION V— MISCELLANEOUS 
PROVISIONS 

SEC. 835. REGULATIONS. 

(a) The Director may adopt and, from time 
to time, may amend reasonable regulations imple- 
menting the provisions and intent of this Article. 
The regulations shall be approved by the Com- 
mission at a public hearing. In addition to any 
notices required by law, before the Commission 
approves the issuance or amendment of any rule 
or regulation, the Director shall provide a 30-day 
public comment period by providing published 
notice in an official newspaper of general circu- 
lation in the City of the intent to issue or amend 
the rule or regulation. 

(b) Regulations promulgated by the Direc- 
tor and approved by the Commission shall be 
maintained in the Office of the Clerk of the 
Board of Supervisors. (Added by Ord. 113-05, 
File No. 050547, App. 6/10/2005) 

SEC. 836. REMEDIES NOT EXCLUSIVE. 

Remedies provided for in this Article are in 
addition to and do not supersede or limit any and 
all other remedies, civil or criminal. (Added by 
Ord. 113-05, File No. 050547, App. 6/10/2005) 



SEC. 837. DISCLAIMER OF LIABILITY. 

(a) Any degree of protection required by 
this Article is considered reasonable for regula- 
tory purposes. This Article shall not create liabil- 
ity 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 the implementation of 
this Article, the City is assuming an undertaking 
only to promote the public health, safety, and 
general welfare. It is not assuming, nor is it 
imposing on its officers and employees, an obli- 
gation for breach of which it is liable in money 
damages to any person who claims that such 
breach proximately caused injury. 

(c) Except as otherwise required by State or 
federal law, all inspection specified or authorized 
by this Article shall be at the discretion of the 
City and nothing in this Article shall be con- 
strued 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. 113-05, File No. 050547, App. 
6/10/2005) 

SEC. 838. FEES. 

The Department may charge fees to recover 
costs incurred in regulating the construction, 
modification, operation, and destruction of soil 
borings and wells as set forth in the San Fran- 
cisco Municipal Code. (Added by Ord. 113-05, 
File No. 050547, App. 6/10/2005) 

SEC. 839. NOT EXEMPTED FROM 
PAYING OTHER FEES. 

Payment of fees as provided in this Article 
does not exempt the person from payment of any 
other charges which may be levied pursuant to 
other sections of the San Francisco Municipal 
Code or written rules and regulations of any 
department related to the permit. (Added by 
Ord. 113-05, File No. 050547, App. 6/10/2005) 

SEC. 840. NOT EXEMPTED FROM 
COMPLIANCE WITH OTHER LAWS. 

Nothing in this Article shall be deemed to 
excuse any person from compliance with the 



Sec. 840. San Francisco - Health Code 434 

requirements of the California Water Code and 
any other applicable provisions of local, state or 
federal laws. (Added by Ord. 113-05, File No. 
050547, App. 6/10/2005) 

SEC. 841. DISCRETIONARY DUTY. 

Subject to the limitations of due process, 
notwithstanding any other provision of this Ar- 
ticle whenever the words "shall" or "must" are 
used in establishing a responsibility or duty of 
the City, its elected or appointed officers, employ- 
ees, or agents, it is the legislative intent that 
such words establish a discretionary responsibil- 
ity or duty requiring the exercise of judgment 
and discretion. (Added by Ord. 113-05, File No. 
050547, App. 6/10/2005) 

SEC. 842. SEVERABILITY. 

If any section, subsection, sentence, clause, 
or phrase of this Article is for any reason held to 
be invalid or unconstitutional by a decision of 
any court of competent jurisdiction, such deci- 
sion shall not affect the validity of the remaining 
portions of the Article. The Board of Supervisors 
hereby declares that it would have passed this 
Article and each and every section, subsection, 
sentence, clause, or phrase not declared invalid 
or unconstitutional without regard to whether 
any portion of the Article would be subsequently 
declared invalid or unconstitutional. (Added by 
Ord. 113-05, File No. 050547, App. 6/10/2005) 



[The next page is 455] 



ARTICLE 13: [RESERVED] 



455 



San Francisco - Health Code 456 



[The next page is 475] 



ARTICLE 14: AMBULANCES AND ROUTINE 
MEDICAL TRANSPORT VEHICLES 



Sec. 901. Definitions. 

Sec. 902. Certificate of Operation 

Required. 
Sec. 903. Permit Required. 

Sec. 904. Exemptions. 

Sec. 905. Findings to be Made by 

Director. 
Sec. 905.1. Permits to be Issued to 

Authorized Ambulance Services 

Only. 
Sec. 906. Liability Insurance for Routine 

Medical Transport Vehicles. 

Sec. 907. Liability Insurance for 

Ambulance Operators. 

Sec. 908. Dispatcher and Office 

Requirements. 

Sec. 910. Color Scheme — Adoption — 

Application. 

Sec. 911. Operation Requirements. 

Sec. 912. Driver Requirements. 

Sec. 913. Attendant Requirements. 

Sec. 914. Proof of Compliance. 

Sec. 915. Penalty. 

SEC. 901. DEFINITIONS. 

The following words and phrases when used 
in this Article have the meanings set forth herein: 

(a) City means the City and County of San 
Francisco. 

(b) Color scheme means a particular design, 
consisting of appliances, colors, figures and let- 
ters, or any combination thereof, assigned to a 
particular person for application to the ambu- 
lance or ambulances, or to routine medical trans- 
port vehicle or vehicles authorized to be operated 
by such person, for purposes of identification and 
distinction. 

(c) Director means the Director of Health 
Care Services, or his designated agents or repre- 
sentatives, of City. 



(d) Person means and includes an indi- 
vidual, a proprietorship, firm, partnership, joint 
venture, syndicate, business trust, company, cor- 
poration, association, committee, or any other 
legal entity. 

(e) Ambulance means a vehicle specially 
constructed, modified, equipped, or arranged to 
accommodate a stretcher and operated commer- 
cially for the purpose of urgent transportation of 
sick, injured, convalescent, infirm, or otherwise 
incapacitated persons. As used herein, urgent 
transportation means transporting by ambu- 
lance of a person (1) requiring immediate mea- 
sures to prevent loss of life or worsening of a 
traumatic injury or illness, or (2) having sudden 
need of medical attention. 

(f) Routine medical transport vehicle means 
a vehicle specifically constructed, modified, 
equipped, or arranged to accommodate a stretcher 
and operated commercially for the purpose of 
transporting sick, injured, convalescent, infirm, 
or otherwise incapacitated persons not requiring 
urgent transportation. 

(g) Department, unless otherwise indicated, 
means the Department of Public Health of the 
City and County of San Francisco. 

(h) Certificate means a Certificate of Opera- 
tion which shall be issued by the Director to a 
person who qualifies to operate an ambulance or 
routine medical transport vehicle service in the 
City and County of San Francisco. 

(i) Permit means a permit which shall be 
issued by the Director for an ambulance or 
rAutine medical transport vehicle conforming to 
the requirements of this Article which, is owned 
or controlled by a person holding or qualifying 
for a Certificate pursuant to this article. 

(j) Operator means a person to whom a 
Certificate of Operation and permit or permits 
have been issued for purposes of operating an 
ambulance or routine medical transport vehicle 
service. 



475 



Sec. 902. 



San Francisco - Health Code 



476 



SEC. 902. CERTIFICATE OF 
OPERATION REQUIRED. 

(a) No person shall operate an ambulance 
or routine medical transport vehicle service upon 
the streets of City until, after application, the 
Director has issued a Certificate of Operation 
therefor. 

(b) A Certificate issued pursuant to this 
Article shall set forth the commercial or public 
uses permitted and shall be valid until sus- 
pended or revoked. Said Certificate shall not be 
transferable, and shall be deemed revoked upon 
sale, transfer or assignment of the commercial 
use for which the Certificate was issued. 

(c) A Certificate may be suspended or re- 
voked for violations of this Article after a hearing 
by the Director. Upon suspension or revocation 
the offices for which the Certificate was issued 
shall be posted with the order of the Director. 
The Director shall remove a suspension upon 
determination that violations have been rem- 
edied and compliance with this Article thereby 
exists. 

(d) All applications for a Certificate shall be 
filed upon forms provided by the Department. 
Said application shall be verified under oath and 
shall furnish the following information: 

(1) The name, business and residence ad- 
dress and status of the applicant. 

(2) The financial status of the applicant, 
including the amounts of all unpaid judgments 
against the applicant and the nature of the 
transaction or acts giving rise to said judgments. 

(3) The experience of the applicant in the 
transportation and care of sick or injured per- 
sons. 

(4) Any facts which the applicant believes 
tend to warrant the issuance of a Certificate. 

(5) The actual or projected number of am- 
bulances and/or routine medical transport ve- 
hicles, the model, make and year, condition and 
stretcher patient capacity of each ambulance or 
routine medical transport vehicle proposed to be 
operated by the applicant and a description and 
address of offices which are to serve as the base 
of operations. 



(6) The color scheme to be used to designate 
the ambulance or ambulances and/or routine 
medical transport vehicle or vehicles of the ap- 
plicant. 

(7) Such further information as the Direc- 
tor may reasonably require. 

SEC. 903. PERMIT REQUIRED. 

(a) No ambulance or routine medical trans- 
port vehicle owned or controlled by any person to 
whom a Certificate has been issued shall be 
operated upon the streets of City until, after 
application, the Director has issued a permit 
therefor. Prior to the issuance of a permit, the 
Director shall thoroughly examine and inspect 
the ambulance or routine medical transport ve- 
hicle for compliance with the requirements of 
this Article. An ambulance under valid permit 
may provide routine medical transport service 
without the necessity of an additional permit. 

(b) Ambulances shall be equipped in accor- 
dance with: 

(1) The requirements of the California High- 
way Patrol, and any revisions thereto; and 

(2) The standardized drug and equipment 
list, and any revisions thereto, adopted by the 
Director, who shall consider the recommenda- 
tions of the San Francisco Emergency Medical 
Care Committee. 

(c) Routine medical transport vehicles shall 
be equipped in accordance with: 

(1) The standard vehicle safety and equip- 
ment requirements of the California Highway 
Patrol for ambulances and any revisions thereto. 

(2) Standard patient carrying fixtures and 
restraints necessary for the comfort and safety of 
patients. 

(d) Any permit issued hereunder shall be 
valid for a period of one year from the date when 
issued and shall be renewed annually upon de- 
termination by the Director that the ambulance 
or routine medical transport vehicle for which 
the permit applies conforms to all requirements 
set forth in this Article. Such requirements shall 
include the provision that all equipment be main- 
tained in a fresh, clean and sanitary condition at 
all times. 



477 



Ambulances and Routine Medical Transport Vehicles 



Sec. 906. 



SEC. 904. EXEMPTIONS. 

(a) All persons operating an ambulance or 
ambulances in City on the effective date of this 
ordinance shall be exempted from the require- 
ments of Sections 902(a), 902(d) and 905 for a 
Certificate of Operation for a period of one year 
from the effective date of this ordinance. A Cer- 
tificate shall be issued by the Director to any 
person who qualifies for exemption pursuant to 
this Section upon condition that compliance with 
all other sections of this Article otherwise exists. 

(b) Any person operating an ambulance or 
ambulances in City on the effective date of this 
ordinance pursuant to a permit issued by the 
Director by authority of law existing immedi- 
ately prior to that date shall be exempted from 
the requirements of Sections 903 and 905 for a 
period of one year, from the effective date of this 
ordinance, during which existing permits will 
continue to be valid unless suspended, revoked 
or terminated. Upon expiration of the permit, an 
operator shall otherwise comply with all provi- 
sions of this Article. 

(c) Any person operating an ambulance or 
ambulances, or routine medical transport ve- 
hicle or vehicles in City on or after the effective 
date of this ordinance which does not involve the 
transporting of persons from a place of origin to 
a place of destination, both of which are solely 
within City, shall be exempted from the require- 
ments of this Article. 

SEC. 905. FINDINGS TO BE MADE BY 
DIRECTOR. 

(a) Pursuant to the provisions of this Article 
relating to Certificates of Operation and permits, 
the Director shall not renew a Certificate of 
Operation or a permit or issue a new Certificate 
of Operation or a new permit for an ambulance 
or routine medical transport vehicle service until 
he has caused such investigation as he deems 
necessary to be made of the applicant and of his 
proposed operations. 

(b) The Director shall issue hereunder a 
Certificate of Operation or a permit for a speci- 
fied ambulance or routine medical transport ve- 
hicle service, said Certificate of Operation or 



permit for a specified ambulance or routine trans- 
port vehicle to be valid for one year unless earlier 
suspended, revoked or terminated, when he finds: 

(1) That each such ambulance or routine 
medical transport vehicle, its required equip- 
ment and the premises designated in the appli- 
cation, complies with the requirements of this 
Article. 

(2) That the applicant is a responsible and 
proper person to conduct or work in the proposed 
business. 

(3) That only drivers and attendants who 
comply with the requirements of this Article are 
employed in such capacities. 

(4) That all the requirements of this Article 
and all other applicable laws and regulations 
have been met. 

SEC. 905.1 PERMITS TO BE ISSUED TO 
AUTHORIZED AMBULANCE SERVICES 
ONLY. 

Notwithstanding Sections 902 and 905, the 
Director shall not issue a Certificate of Opera- 
tion authorizing the operation of ALS services or 
any ambulance permit to any person not autho- 
rized by San Francisco's Emergency Medical 
Services (EMS) Plan to provide ALS or emer- 
gency ambulance services in the City and County 
of San Francisco, which San Francisco's EMS 
Plan has established as an exclusive operating 
area. (Added by Ord. 132-91, App. 4/5/91) 

SEC. 906. LIABILITY INSURANCE FOR 
ROUTINE MEDICAL TRANSPORT 
VEHICLES. 

No certificate or permit shall be issued, nor 
shall such certificate or permit be valid after 
issuance, nor shall any routine medical trans- 
port vehicle be operated unless there is at all 
times in full force and effect to provide adequate 
protection against liability for damages which 
may be or heive been imposed for each negligent 
operation of each such routine medical transport 
vehicle, its driver or attendant, a liability insur- 
ance policy or policies approved by the Director 
and issued by an insurance company authorized 
to do business in the State of California. Satis- 



Sec. 906. 



San Francisco - Health Code 



478 



factory evidence that the liability insurance re- 
quired by this section is at all times in full force 
and effect shall be furnished to the Director by 
each operator required to provide such insur- 
ance. Said evidence of insurance shall be in the 
form of the Standard Insurance Certificate (Ac- 
cord Form) and shall contain the statement that 
the exchange or company issuing said Certifi- 
cates shall provide the Director with 30 days 
written notice of cancellation, nonrenewal or 
reductions of limits of liability coverage. (Amended 
by Ord. 258-86, App. 6/30/86) 

SEC. 907. LIABILITY INSURANCE FOR 
AMBULANCE OPERATORS. 

No Certificate or permit shall be issued, nor 
shall such certificate or permit be valid after 
issuance, nor shall any ambulance be operated 
unless there is at all times in full force and effect 
to provide adequate protection against liability 
for damages which may be or have been imposed 
for each negligent operation of each such ambu- 
lance, its driver or attendant, a liability insur- 
ance policy or policies approved by the Director 
and issued by an insurance company authorized 
to do business in the State of California. Satis- 
factory evidence that the liability insurance re- 
quired by this section is at all times in full force 
and effect shall be furnished to the Director by 
each operator required to provide such insur- 
ance. Said evidence of insurance shall be in the 
form of the Standard Insurance Certificate (Ac- 
cord Form) and shall contain the statement that 
the exchange or company issuing said Certifi- 
cates shall provide the Director with 30 days 
written notice of cancellation, nonrenewal or 
reductions of limits of liability coverage. Opera- 
tors of ambulance services shall maintain insur- 
ance in amounts at least as follows: 

(1) Automobile liability insurance in the 
form of comprehensive automobile liability. 

(a) $500,000 on account of bodily injuries or 
death of one person; 

(b) $1,000,000 for any occurrence on ac- 
count of bodily injuries to or death of more than 
one person; 



(c) $500,000 for any one accident on account 
of damages to or destruction of property of oth- 
ers. 

(2) In lieu of the separate limits stated in 
(1), the Certificate and permit holder may pro- 
vide a policy or policies in, at least, the following 
amount: 

(a) $1,000,000 for Combined Single Limit of 
Liability for each occurrence for bodily injury 
and/or damage to property of others. 

(3) General Liability in the form of Broad 
Form Comprehensive General Liability Insur- 
ance. 

(a) $500,000 for any occurrence on account 
of bodily injuries or death; 

(b) $500,000 for any one occurrence on ac- 
count of damages to or destruction of property of 
others. 

(4) In lieu of the separate limits stated in 
(3), the Certificate and permit holder may pro- 
vide a policy or policies in, at least, the following 
amount: 

(a) $500,000 for Combined Single Limit of 
Liability for each occurrence for bodily injury 
and/or property damage, which shall include 
bodily injury to one or more persons and/or 
damage to property of others. 

(5) Professional Liability in the form of Am- 
bulance Attendants Errors and Omissions Liabil- 
ity Insurance. 

(a) $500,000 on account of bodily injuries or 
death of one person; 

(b) $500,000 for any occurrence on account 
of bodily injuries to or death of more than one 
person. (Added by Ord. 258-86, App. 6/30/86) 

SEC. 908. DISPATCHER AND OFFICE 
REQUIREMENTS. 

(a) Each operator shall utilize a dispatcher 
whose sole or primary function shall be to receive 
and dispatch all calls for ambulance or routine 
medical transport vehicle service. 



479 



Ambulances and Routine Medical Transport Vehicles 



Sec. 912. 



(b) Each operator shall maintain an opera- 
tional and manned office from which an ambu- 
lance or ambulances or routine medical trans- 
port vehicle or vehicles shall be based on a 
continuous 24 hour per day basis. 

SEC. 910. COLOR SCHEME- 
ADOPTION— APPLICATION. 

(a) The operator of every ambulance or rou- 
tine medical transport vehicle service shall adopt 
a color scheme and, after approval thereof by the 
Director, shall apply such color scheme to each 
ambulance or routine medical transport vehicle 
authorized by a permit. The Director shall not 
approve or allow adoption or application of any 
color scheme which imitates or conflicts with any 
other color scheme, authorized by this Article, in 
such manner as is misleading and would tend to 
deceive the public. 

No sign, letter, color, appliance or thing of 
decorative or distinguishing nature shall be at- 
tached or applied to any ambulance or routine 
medical transport vehicle other than such as 
have been approved by the Director in the color 
scheme authorized for each such ambulance. 

(b) Notwithstanding Section 910(a) and in 
lieu thereof, an operator may adopt a color scheme 
consistent with specifications recommended by 
the National Highway Traffic Safety Administra- 
tion of the United States Department of Trans- 
portation, as contained in Federal Specification 
Number KKK-A-1822, published January 2, 1974. 
At such time as the color scheme recommended 
in Specification Number KKK-A-1822 becomes 
mandatory for ambulances operated in the State 
of California, the requirements of Section 910(a) 
shall become inoperative. 

SEC. 911. OPERATION 
REQUIREMENTS. 

(a) All operations shall be required to com- 
ply with such reasonable rules and regulations 
regarding ambulance or routine medical trans- 
port vehicle equipment and maintenance, equip- 
ment safety, and sanitary conditions as the Di- 
rector shall prescribe. 



(b) Each operator shall provide a security 
area not on the public streets of City for purposes 
of maintaining all ambulances when not in ser- 
vice. 

(c) In addition to the requirements of this 
Article, an operator shall comply with all State 
and Federal requirements pertaining to the op- 
eration of an ambulance or routine medical trans- 
port vehicle service. 

(d) Every ambulance or routine medical 
transport vehicle and office from which it is 
operated shall be inspected by the Director once 
annually or more often as shall be determined by 
the Director, to insure compliance with equip- 
ment, equipment safety, sanitary, and other rules 
and regulations relating to ambulance service 
operations. 

(e) Each ambulance or routine medical trans- 
port vehicle providing service shall be manned 
and operated at all times by a qualified driver 
and attendant. 

(f) Each operator, driver, and attendant shall 
be required to prohibit and constrain the smok- 
ing of tobacco products within the confines of any 
ambulance or routine medical transport vehicle 
while engaged in the transport of a patient 
passenger. 

(g) Each operator shall provide annually to 
the Director an equipment inventory, proof of 
state licensure, and such other information as 
the Director may reasonably require relating to 
ambulance or routine medical transport vehicle 
service operations. 

SEC. 912. DRIVER REQUIREMENTS. 

A person employed as an ambulance or rou- 
tine medical transport vehicle driver shall pos- 
sess a current valid ambulance driver's license 
issued by the Department of Motor Vehicles. 

Effective six months from the date of enact- 
ment of this ordinance, all persons employed as 
an ambulance driver shall have successfully com- 
pleted an EMT-1 A course accredited by the State 
of California Department of Health. 



Sec. 913. San Francisco - Health Code 480 

SEC. 913. ATTENDANT 
REQUIREMENTS. 

On the effective date of this ordinance, per- 
sons employed as ambulance attendants shall 
have successfully completed an EMT-1A course 
accredited by the State Department of Health; 
and persons employed as routine medical trans- 
port vehicle attendants shall have successfully 
completed a course of training equivalent to the 
advanced course in first aid given by the Ameri- 
can Red Cross. 

Effective 18 months from the date of enact- 
ment of this ordinance, all persons employed as 
ambulance attendants must qualify as mobile 
intensive care paramedics certified by the Direc- 
tor; and persons employed as routine medical 
transport vehicle attendants shall have success- 
fully completed an EMT-1A course accredited by 
the State Department of Health. 

SEC. 914. PROOF OF COMPLIANCE. 

(a) An operator shall, within 48 hours after 
employing a driver or attendant, submit written 
proof to the Department and local California 
Highway Patrol office that the driver or atten- 
dant complies with the requirements of Section 
912 and 913. 

(b) Termination of employment of any driver 
or attendant shall require written notification by 
an operator to the Department and local Califor- 
nia Highway Patrol office within 48 hours. 

(c) The Director shall maintain records of 
data required to be submitted by this Article. 

SEC. 915. PENALTY. 

Any person violating any of the provisions of 
this Article shall be guilty of a misdemeanor and 
upon conviction thereof shall be punishable by a 
fine not in excess of $500 or by imprisonment in 
the County Jail for a period not to exceed six 
months, or by both such fine and imprisonment. 



[The next page is 501] 



ARTICLE 15: PUBLIC SWIMMING POOLS 



Sec. 950. Definitions. 

Sec. 951. Permit Conditions. 

SEC. 950. DEFINITIONS. 

For the purposes of this Article, the following 
words, and phrases shall mean or include: 

"Swimming Pool" and "Pool." An artificial 
basin, chamber, or tank constructed or impervi- 
ous material and used, or intended to be used, for 
swimming, wading, diving or recreative bathing. 
It does not include baths where the main pur- 
pose is the cleaning of the body, nor individual 
type therapeutic tubs. 

"Related appurtenances." Auxiliary struc- 
tures and equipment to a swimming pool, such 
as locker rooms, shower, and dressing rooms, 
toilet facilities, filtration, pumping, piping, dis- 
infecting and safety equipment provided and 
maintained in connection with such facility. 

"Public Swimming Pool." Any swimming pool 
as defined herein and its related appurtenances, 
except private pools maintained by an individual 
for the use of his family and friends. The term 
includes but is not limited to all commercial 
pools, pools at hotels, motels, resorts, auto and 
trailer parks, auto courts, apartment houses, 
clubs, private schools and gymnasia and health 
establishments. 

"Director." The Director of Public Health of 
the City and County of San Francisco. 

"Person." Any individual, co-partnership, firm, 
association, joint stock company, corporation, 
club, or combination of individuals of whatsoever 
form and character. (Amended by Ord. 194- 61, 
App. 7/27/61) 

SEC. 951. PERMIT CONDITIONS. 

On and after October 1, 1961, no person shall 
operate, maintain or conduct a public swimming 
pool without a permit from the Department of 
Public Health of the City and County of San 
Francisco. Every applicant for such permit shall 



file with the Department a written application 
on such form and containing such information as 
the Department may require. 

The permit shall set forth the commercial 
uses permitted and shall be valid until sus- 
pended or revoked. Said permit shall not be 
transferable and shall be deemed revoked upon 
sale, transfer or assignment of the commercial 
use for which the permit was issued. 

A permit may at any time be suspended or 
revoked for cause after a hearing by the Depart- 
ment of Public Health. Upon suspension or revo- 
cation the premises for which the permit was 
issued shall be posted with the order of the 
Department. (Amended by Ord. 93-68, App. 4/19/ 
68) 



501 



Sec. 951. San Francisco - Health Code 502 



[The next page is 513] 



ARTICLE 16: REGULATING THE USE OF 'ECONOMIC POISONS' 

Sec. 975. Restricting Use of Economic 

Poison. 
Sec. 976. Penalty. 

SEC. 975. RESTRICTING USE OF 
ECONOMIC POISON. 

It shall be unlawful for any person, firm or 
corporation to use an "economic poison" as de- 
fined in Section 1061, of the Agricultural Code of 
the State of California, on any lawn, garden or 
other area accessible to the public, in any man- 
ner or method whereby any of the contents of the 
package or container of said "economic poison" is 
accessible to children. 

SEC. 976. PENALTY. 

Any person, firm or corporation who shall 
violate any of the provisions of this ordinance 
shall be guilty of a misdemeanor and upon con- 
viction thereof shall be punishable by a fine not 
to exceed $100 or by imprisonment in the County 
Jail for not more than 10 days or by both such 
fine and imprisonment. (Added by Ord. 6265 
[Series of 1939], App. 10/30/50) 



513 



Sec. 976. San Francisco - Health Code 514 



[The next page is 519] 



ARTICLE 17: DISPOSAL OF UNCLAIMED PERSONAL PROPERTY 
AT SAN FRANCISCO GENERAL HOSPITAL 

Sec. 980. Definition of Unclaimed 

Property. 
Sec. 981. Procedure for Disposal of 

Unclaimed Personal Property. 

SEC. 980. DEFINITION OF UNCLAIMED 
PROPERTY. 

Personal property left at the San Francisco 
General Hospital for a period of more than 90 
days after the patient has left the hospital shall 
be considered unclaimed personal property. (Added 
by Ord. 10570 [Series of 1939], App. 9/12/57) 

SEC. 981. PROCEDURE FOR DISPOSAL 
OF UNCLAIMED PERSONAL PROPERTY. 

Such unclaimed personal property shall be 
disposed of according to the following procedure: 

(a) Notice shall be sent by registered mail to 
the former patient at his last known address or 
to the guardian, executor or administrator of his 
estate if such is known, or to the Public Admin- 
istrator if there is no known guardian, executor 
or administrator, advising that such unclaimed 
personal property must be claimed within 30 
days. 

(b) Such unclaimed personal property as 
remains after 30 days' notice to reclaim it shall 
be disposed of as follows: 

(1) Any sums of money which remain over 
and above San Francisco General Hospital charges 
shall be transmitted to the Controller of the City 
and County of San Francisco for deposit in the 
General Fund. 

(2) Other unclaimed personal property shall 
be delivered to the Purchaser of Supplies for 
disposition as provided for in Section 88 of the 
Charter of the City and County of San Francisco. 
(Added by Ord. 10570 [Series of 1939], App. 
9/12/57) 



519 



Sec. 981. San Francisco - Health Code 520 



[The next page is 525] 



ARTICLE 18: PROVIDING FOR ISSUANCE OF CITATIONS TO VIOLATORS 



Sec. 985. Citations for Violations of 

Certain Sections of the Health 

Code and Police Code. 
Sec. 986. Contents of Citation. 

Sec. 987. Time for Appearance. 

Sec. 988. Appearance Before Judge of 

Municipal Court. 
Sec. 989. Signing of Promise to Appear. 

Sec. 990. Fixing of Bail by Judge. 

Sec. 991. Deposit and Forfeiture of Bail; 

Termination of Proceedings; 

Payment of Forfeited Bail Into 

Treasury. 
Sec. 992. Warrants of Arrest, 

Nonissuance. 
Sec. 993. Penalty for Failure to Appear in 

Court. 
Sec. 994. Warrants of Arrest, Issuance for 

Failure to Appear. 

SEC. 985. CITATIONS FOR VIOLATIONS 
OF CERTAIN SECTIONS OF THE 
HEALTH CODE AND POLICE CODE. 

Whenever any person is arrested for a viola- 
tion of one or more of the following Sections, to 
wit: Sections 40, 41.11(c), 41.12(a), 280, 292, or 
308 of Part II, Chapter V, (Health Code) or 
Sections 6, 33, 34 or 35(a) of Part II, Chapter 
VIII (Police Code), or Sections 215, 217 or 221 of 
Part III, San Francisco Municipal Code, and 
such person is not immediately taken before a 
magistrate as procedure therefor is prescribed in 
the Penal Code of the State of California, the 
arresting officer shall prepare in duplicate a 
written notice to appear in court. (Amended by 
Ord. 226-73, App. 6/22/73) 

SEC. 986. CONTENTS OF CITATION. 

Such notice shall contain the name and ad- 
dress of the person so arrested, the offense 
charged, and the place and time where and when 
such person shall appear in court. (Added by 
Ord. 502-60, App. 10/14/60) 



SEC. 987. TIME FOR APPEARANCE. 

The time specified in the notice to appear 
shall be not less than five days after such arrest. 
(Added by Ord. 502-60, App. 10/14/60) 

SEC. 988. APPEARANCE BEFORE 
JUDGE OF MUNICIPAL COURT. 

The place specified in the notice to appear 
shall be before the Municipal Court of the City 
and County of San Francisco. (Added by Ord. 
502-60, App. 10/14/60) 

SEC. 989. SIGNING OF PROMISE TO 
APPEAR. 

The arresting officer shall deliver one copy of 
the notice to appear to the arrested persons, and, 
such person, in order to secure release after such 
arrest, must give his written promise so to ap- 
pear in court by signing the duplicate notice, 
which shall be retained by the officer. Thereupon 
the arresting officer shall immediately release 
the person arrested from custody. (Added by Ord. 
502-60, App. 10/14/60) 

SEC. 990. FIXING OF BAIL BY JUDGE. 

As soon as practicable thereafter the arrest- 
ing officer shall file the duplicate notice with the 
judge specified therein. Thereupon, the judge 
shall fix the amount of bail which in his judg- 
ment, in accordance with the provisions of Sec- 
tion 1275 of the Penal Code of the State of 
California, will be reasonable and sufficient for 
the appearance of the defendant, and the judge 
shall indorse upon the notice a statement signed 
by him in the form set forth in Section 815a of 
said Code; provided, however, that where judges 
of the Municipal Court have adopted a schedule 
of bail, the bail shall be in the amount as set 
forth in the said bail schedule which is then in 
effect. (Added by Ord. 502-60, App. 10/14/60) 

SEC. 991. DEPOSIT AND FORFEITURE 
OF BAIL; TERMINATION OF 
PROCEEDINGS; PAYMENT OF 
FORFEITED BAIL INTO TREASURY. 

The defendant may, prior to the date upon 
which he promised to appear in court, deposit 



525 



Sec. 991. San Francisco - Health Code 526 

with the judge the amount of bail set as provided 
in Section 990 above. Thereafter, at the time the 
case is called for arraignment, if the defendant 
shall not appear, either in person or by counsel, 
the judge may declare the bail forfeited, and may 
in his discretion order that no further proceed- 
ings shall be had in such case. Upon the making 
of such order that no further proceedings be had, 
all sums deposited as bail shall be paid into the 
treasury of the City and County of San Fran- 
cisco. (Added by Ord. 502-60, App. 10/14/60) 

SEC. 992. WARRANTS OF ARREST, 

NONISSUANCE. 

No warrant shall issue on such charge for the 
arrest of a person who has given such written 
promise to appear in court, unless and until he 
has violated such promise or has failed to deposit 
bail, to appear for arraignment, trail or judg- 
ment, or to comply with the terms and provisions 
of the judgment, as required by law. (Added by 
Ord. 502- 60, App. 10/14/60) 

SEC. 993. PENALTY FOR FAILURE TO 
APPEAR IN COURT. 

Any person who wilfully violates his written 
promise to appear in court is guilty of a misde- 
meanor, regardless of the disposition of the origi- 
nal charge upon which he was arrested, and 
upon conviction of such misdemeanor, shall be 
punished by fine not exceeding $25 or by impris- 
onment in the County Jail for a period not 
exceeding five days, or both such fine and impris- 
onment. (Added by Ord. 502-60, App. 10/14/60) 

SEC. 994. WARRANTS OF ARREST, 
ISSUANCE FOR FAILURE TO APPEAR. 

Whenever a person signs a written promise 
to appear in court as provided in this ordinance, 
he must make such written appearance unless 
he has posted bail as provided herein. If he fails 
to so appear, the judge shall, within 20 days after 
the date set for such appearance, issue and have 
delivered for execution a warrant for arrest of 
that person. (Added by Ord. 502-60, App. 10/14/ 
60) 



[The next page is 535] 



ARTICLE 19: SMOKING POLLUTION CONTROL 



Sec. 1000. Title. 

Sec. 1001. Purpose. 

Sec. 1002. Definitions. 

Sec. 1003. Regulation of Smoking in the 

Office Workplace. 

Sec. 1004. Where Smoking Not Regulated. 

Sec. 1005. Penalties and Enforcement. 



SEC. 1000. TITLE. 

This Article shall be known as the Smoking 
Pollution Control Ordinance. (Added by Proposi- 
tion P, 11/8/83) 



SEC. 1001. PURPOSE. 

Because the smoking of tobacco or any other 
weed or plant is a danger to health and is a cause 
of material annoyance and discomfort to those 
who are present in confined places, the Board of 
Supervisors hereby declares that the purposes of 
this Article are (1) to protect the public health 
and welfare by regulating smoking in the office 
workplace and (2) to minimize the toxic effects of 
smoking in the office workplace by requiring an 
employer to adopt a policy that will accommo- 
date, insofar as possible, the preferences of non- 
smokers and smokers and, if a satisfactory ac- 
commodation cannot be reached, to prohibit 
smoking in the office workplace. 

This ordinance is not intended to create any 
right to smoke or to impair or alter an employer's 
prerogative to prohibit smoking in the work- 
place. Rather, if an employer allows employees to 
smoke in the workplace, then this ordinance 
requires (1) that the employer make accommo- 
dations for the preferences of both nonsmoking 
and smoking employees, and (2) if a satisfactory 
accommodation to all affected nonsmoking em- 
ployees cannot be reached, that the employer 
prohibit smoking in the office workplace. (Added 
by Proposition P, 11/8/83) 



SEC. 1002. DEFINITIONS. 

For the purposes of this Article: 

(1) "City" means the City and County of San 
Francisco; 

(2) "Board of Supervisors" means the Board 
of Supervisors of the City and County of San 
Francisco; 

(3) "Person" means any iudividual person, 
firm, partnership, association, corporation, com- 
pany, organization, or legal entity of any kind; 

(4) "Employer" means any person who em- 
ploys the services of an individual person; 

(5) "Employee" means any person who is 
employed by any employer in consideration for 
direct or indirect monetary wages or profit; 

(6) "Office Workplace" means any enclosed 
area of a structure or portion thereof intended 
for occupancy by business entities which will 
provide primarily clerical, professional or busi- 
ness services of the business entity, or which will 
provide primarily clerical, professional or busi- 
ness services to other business entities or to the 
public, at that location. Office workplace in- 
cludes, but is not limited to, office spaces in office 
buildings, medical office waiting rooms, librar- 
ies, museums, hospitals and nursing homes; 

(7) "Smoking" or "to smoke" means and in- 
cludes inhaling, exhaling, burning or carrying 
any lighted smoking equipment for tobacco or 
any other weed or plant; and 

(8) "Enclosed" means closed in by a roof and 
four walls with appropriate openings for ingress 
and egress and is not intended to mean areas 
commonly described as public lobbies. (Added by 
Proposition P, 11/8/83) 

SEC. 1003. REGULATION OF SMOKING 
IN THE OFFICE WORKPLACE. 

(1) Each employer who operates an office or 
offices in the city shall within three months of 
adoption of this ordinance, adopt, implement 



535 



Sec. 1003. 



San Francisco - Health Code 



536 



and maintain a written Smoking Policy which 
shall contain, at a minimum, the following pro- 
visions and requirements: 

(a) Any nonsmoking employee may object to 
his or her employer about smoke in his or her 
workplace. Using already available means of 
ventilation or separation or partition of office 
space, the employer shall attempt to reach a 
reasonable accommodation, insofar as possible, 
between the preferences of nonsmoking and smok- 
ing employees. However, an employer is not 
required by this ordinance to make any expendi- 
tures or structural changes to accommodate the 
preferences of nonsmoking or smoking employ- 
ees. 

(b) If an accommodation which is satisfac- 
tory to all affected nonsmoking employees can- 
not be reached in any given office workplace, the 
preferences of nonsmoking employees shall pre- 
vail and the employer shall prohibit smoking in 
that office workplace. Where the employer pro- 
hibits smoking in an office workplace, the area in 
which smoking is prohibited shall be clearly 
marked with signs. 

(2) The Smoking Policy shall be announced 
within three weeks of adoption to all employees 
working in office workplaces in the city and 
posted conspicuously in all workplaces under the 
employer's jurisdiction. (Added by Proposition P, 
11/8/83) 

SEC. 1004. WHERE SMOKING NOT 
REGULATED. 

This Article is not intended to regulate smok- 
ing in the following places and under the follow- 
ing conditions within the city: 

(1) A private home which may serve as an 
office workplace; 

(2) Any property owned or leased by state 
or federal government entities; 

(3) Any office space leased or rented by a 
sole independent contractor; 

(4) A private enclosed office workplace occu- 
pied exclusively by smokers, even though such 
an office workplace may be visited by nonsmok- 
ers, excepting places in which smoking is prohib- 



ited by the Fire Marshal or by other law, ordi- 
nance or regulation. (Added by Proposition P, 
11/8/83) 

SEC. 1005. PENALTIES AND 
ENFORCEMENT. 

(1) The Director of Public Health shall en- 
force Section 1003 hereof against violations by 
either of the following actions: 

(a) Serving notice requiring the correction 
of any violation of this Article. 

(b) Calling upon the City Attorney to main- 
tain an action for injunction to enforce the pro- 
visions of this Article, to cause the correction of 
any such violation, and for assessment and re- 
covery of a civil penalty for such violation; 

(2) Any employer who violates Section 1003 
hereof may be liable for a civil penalty, not to 
exceed $500, which penalty shall be assessed 
and recovered in a civil action brought in the 
name of the People of the City and County of San 
Francisco in any court of competent jurisdiction. 
Each day such violation is committed or permit- 
ted to continue shall constitute a separate of- 
fense and shall be punishable as such. Any 
penalty assessed and recovered in an action 
brought pursuant to this paragraph shall be paid 
to the Treasurer of the City and County of San 
Francisco. 

(3) In undertaking the enforcement of this 
ordinance, 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 obli- 
gation for breach of which it is liable in money 
damages to any person who claims that such 
breach proximately caused injury. (Added by 
Proposition P, 11/8/83) 



[The next page is 545] 



ARTICLE 19A: REGULATING SMOKING IN EATING ESTABLISHMENTS 



Per Ordinance 249-94, the provisions of this Article are suspended 
unless and until such time that these provisions become operative again. 



Sec. 


1006. 


Sec. 


1006.1. 


Sec. 


1006.2. 


Sec. 


1006.3. 


Sec. 


1006.4. 


Sec. 


1006.5. 



SEC. 1006. 



Purpose. 

Definitions. 

Regulation of Smoking in 

Eating Establishments. 

Disclaimers. 

Penalties and Enforcement. 

Severability. 

PURPOSE. 

The Board of Supervisors has a longstanding 
interest in the risks to human health of tobacco 
use, and disease prevention and health promo- 
tion are essential components of this health 
policy. Cigarette smoking is a certifiable health 
danger to smokers and nonsmokers alike. By 
smoking cigarettes, or being exposed to second- 
hand smoke, people inhale various chemicals 
including, for example, formaldehyde, ammonia, 
tar, nicotine, and carbon monoxide. The Surgeon 
General of the United States has declared that 
cigarette smoking causes lung cancer, heart dis- 
ease, and emphysema, and that smoking by 
pregnant women may result in fetal injury, pre- 
mature birth, and low birth weight. The Board of 
Supervisors desires to prevent disease and pro- 
mote the health of the people of San Francisco by 
making it easier for residents and visitors to 
avoid secondhand smoke in eating establish- 
ments. For the most part, this Article simply 
extends the smoking prohibitions of Article 19 to 
include eating establishments. (Added by Ord. 
244-87, App. 7/1/87) 

SEC. 1006.1. DEFINITIONS. 

Unless the term is specifically defined in this 
Article or the contrary stated or clearly appears 
from the context, the definitions set forth in 
Article 19, Section 1002 of this Code, shall gov- 
ern the interpretation of this Article. 

(a) "Eating establishment" shall mean ev- 
ery enclosed restaurant, coffee shop, cafeteria, 
cafe, luncheonette, sandwich stand, soda foun- 



tain, or other enclosed eating establishment serv- 
ing food to the general public. The term "eating 
establishment" shall not include banquet rooms 
in use for private social functions. The term 
"eating establishment" shall not apply to any 
property owned or leased by State or federal 
government agencies. (Added by Ord. 244-87, 
App. 7/1/87) 

SEC. 1006.2. REGULATION OF 
SMOKING IN EATING 
ESTABLISHMENTS. 

In eating establishments smoking shall be 
prohibited in lobbies, waiting areas, restrooms, 
and dining areas designated for nonsmoking. 
Unless the eating establishment has been desig- 
nated entirely nonsmoking, the owner, manager 
or operator of an eating establishment shall 
allocate and designate by appropriate signage an 
adequate amount of space in these areas to meet 
the demands of both smokers and nonsmokers, 
and shall inform all patrons that nonsmoking 
areas are provided. (Added by Ord. 244-87, App. 
7/1/87) 

SEC. 1006.3. DISCLAIMERS. 

(a) By regulating smoking in eating estab- 
lishments, 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 obli- 
gation for breach of which it is liable in money 
damages to any person who claims that such 
breach approximately caused injury. 

(b) No owner of an eating establishment 
shall be required to construct or erect walls, 
partitions or other barriers to comply with this 
ordinance. (Added by Ord. 244-87, App. 7/1/87) 



545 



Sec. 1006.4. San Francisco - Health Code 546 

SEC. 1006.4. PENALTIES AND 
ENFORCEMENT. 

The provisions of Section 1005 of Article 19 
are applicable to the enforcement of violations of 
this Article. Any penalty assessed and recovered 
in an action brought pursuant to this paragraph 
shall be paid to the Treasurer of the City and 
County of San Francisco. (Added by Ord. 244-87, 
App. 7/1/87) 

SEC. 1006.5. SEVERABILITY. 

If any provision of this Article, or the appli- 
cation of any such provision to any person or 
circumstances, shall be held invalid, the remain- 
der of this Article, to the extent it can be given 
effect, or the application of those provisions to 
persons or circumstances other than those to 
which it is held invalid, shall not be affected 
thereby, and to this end the provisions of this 
Article are severable. (Added by Ord. 244-87, 
App. 7/1/87) 



[The next page is 555] 



ARTICLE 19B: REGULATING SMOKING IN SHARED OFFICE WORKPLACE 



Per Ordinance 249-94, the provisions of this Article are suspended 
unless and until such time that these provisions become operative again. 



Sec. 1007. Findings. 

Sec. 1007.1. Definitions. 

Sec. 1007.2. Regulation of Smoking in 
Shared Office Workplace. 

Sec. 1007.3. Disclaimers. 

Sec. 1007.4. Penalties and Enforcement. 

Sec. 1007.5. Severability. 

SEC. 1007. FINDINGS. 

The question of whether tobacco smoke is 
harmful to smokers was answered more than 20 
years ago. U.S. Public Health Service reports on 
the health consequences of smoking have conclu- 
sively established cigarette smoking as the larg- 
est single preventable cause of premature death 
and disability in the United States. As a result 
many scientists began to question whether the 
low levels of exposure to environmental tobacco 
smoke (ETS) received by nonsmokers could be 
harmful. 

The 1986 Surgeon General's Report on the 
Health Consequences of Involuntary Smoking 
clearly documents that nonsmokers are placed at 
increased risk for developing disease as the re- 
sult of ETS exposure. The term "involuntary 
smoking" denotes that for many nonsmokers, 
exposure to ETS is the result of an unavoidable 
consequence of being in close proximity to smok- 
ers. 

The report contains the following conclu- 
sions: (1) Involuntary smoking is a cause of 
disease, including lung cancer, in healthy non- 
smokers. (2) Simple separation of smokers and 
nonsmokers within the same air space may re- 
duce, but does not eliminate, exposure of non- 
smokers to environmental tobacco smoke. 

The quality of the indoor environment must 
be a concern of all who control and occupy that 
environment. Protection of individuals from ex- 



posure to environmental tobacco smoke is there- 
fore a responsibility shared by all. As employers 
and employees we must ensure that the act of 
smoking does not expose the nonsmoker to to- 
bacco smoke.. For smokers, it is their responsibil- 
ity to assure that their behavior does not jeopar- 
dize the health of others. For nonsmokers, it is 
their responsibility to provide a supportive envi- 
ronment for smokers who are attempting to stop. 
The scientific case against involuntary smok- 
ing as a health risk is more than sufficient to 
justify this legislative measure, the goal of which 
must be to protect the nonsmoker from environ- 
mental tobacco smoke. (Added by Ord. 180-88, 
App. 4/28/88) 

SEC. 1007.1. DEFINITIONS. 

Unless otherwise defined herein, the defini- 
tions set forth in Article 19, Section 1002, of this 
Code, shall govern the interpretation of this 
Article. 

(a) "Office workplace" shall include, in ad- 
dition to the examples noted in Section 1002(6), 
press boxes at stadiums or other locations. (Added 
by Ord. 180-88, App. 4/28/88) 

SEC. 1007.2. REGULATION OF 
SMOKING IN SHARED OFFICE 
WORKPLACE. 

The provisions of this Article apply to office 
workplace shared by the employees of two or 
more employers. 

(1) Each employer shall notify his or her 
employees of the following regulations regarding 
smoking: 

(a) Any nonsmoking employee may object to 
his or her employer about smoke in the office 
workplace. If the objection concerns another 
employer's employee, the nonsmoker's employer 
shall notify the smoker's employer of the objec- 



555 



Sec. 1007.2. 



San Francisco - Health Code 



556 



tion. Using already available means of ventila- 
tion or separation or partition of office space, the 
smoker's employer shall attempt to reach a rea- 
sonable accommodation, insofar as possible, be- 
tween the preferences of the nonsmoking and 
smoking employees. However, an employer is not 
required by this ordinance to make any expendi- 
tures or structural changes to accommodate the 
preferences of nonsmoking or smoking employ- 
ees. 

(b) If an accommodation which is satisfac- 
tory to all affected nonsmoking employees can- 
not be reached, the preferences of nonsmoking 
employees shall prevail and the employers shall 
prohibit smoking in that office workplace. The 
employers shall clearly mark the area in which 
smoking is prohibited. (Added by Ord. 180- 88, 
App. 4/28/88) 

SEC. 1007.3. DISCLAIMERS. 

By regulating smoking in shared office work- 
place, 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 obli- 
gation for breach of which it is liable in money 
damages to any person who claims that such 
breach approximately caused injury. (Added by 
Ord. 180-88, App. 4/28/88) 

SEC. 1007.4. PENALTIES AND 
ENFORCEMENT. 

The provisions of Section 1005 of Article 19 
are applicable to the enforcement of violations of 
this Article. Any penalty assessed and recovered 
in an action brought pursuant to this paragraph 
shall be paid to the Treasurer of the City and 
County of San Francisco. (Added by Ord. 180-88, 
App. 4/28/88) 

SEC. 1007.5. SEVERABILITY. 

If any provisions of this Article, or the appli- 
cation of any such provisions to any person or 
circumstances, shall be held invalid, the remain- 
der of this Article, to the extent it can be given 
effect, or the application of those provisions to 
persons at circumstances other than those to 
which it is held invalid, shall not be affected 



thereby, and to this end the provisions of this 
Article are severable. (Added by Ord. 180-88, 
App. 4/28/88) 



[The next page is 561] 



ARTICLE 19C: REGULATING SMOKING IN PUBLIC PLACES 
AND IN HEALTH, EDUCATIONAL AND CHILD CARE FACILITIES 

Per Ordinance 249-94, the provisions of this Article are suspended 
unless and until such time that these provisions become operative again. 



Sec. 1008. 
Sec. 1008.1. 
Sec. 1008.2. 



Sec. 1008.3. 



Sec. 1008.4. 
Sec. 1008.5. 
Sec. 1008.6. 



Sec. 1008.7. 
Sec. 1008.8. 



Findings. 

Definitions. 

Regulation of Smoking in Public 

Places and Designated 

Facilities. 

Regulation of Smoking in Places 

of Entertainment, Sports 

Arenas, Convention Facilities, 

and Hotel Lobbies. 

Application and Exceptions. 

Posting of Signs. 

Unlawful to Permit Smoking in 

or to Smoke in Prohibited 

Areas. 

Penalties and Enforcement. 

Severability. 



SEC. 1008. FINDINGS. 

(a) The United States Surgeon General's 
1986 Report on the Health Consequences of 
Involuntary Smoking reports the following: 

(1) Involuntary smoking is a cause of dis- 
ease, including lung cancer, in healthy nonsmok- 
ers. 

(2) The children of parents who smoke com- 
pared with the children of nonsmoking parents 
have an increased frequency of respiratory infec- 
tions, increased respiratory symptoms, and slightly 
smaller rates of increase in lung function as the 
lung matures. 

(3) The simple separation of smokers and 
nonsmokers within the same air space may re- 
duce, but does not eliminate, the exposure of 
nonsmokers to environmental tobacco smoke. 



(b) The Board of Supervisors finds and de- 
clares: 

(1) Nonsmokers have no adequate means to 
protect themselves from the damage inflicted 
upon them when they involuntarily inhale to- 
bacco smoke. 

(2) Regulation of smoking in public places is 
necessary to protect the health, safety, welfare, 
comfort, and environment of nonsmokers. 

(c) It is, therefore, the intent of the Board of 
Supervisors, in enacting this Article, to protect 
the nonsmoker from environmental tobacco smoke 
and to eliminate smoking, as much as possible, 
in public places. (Added by Ord. 300-88, App. 
6/30/88) 

SEC. 1008.1. DEFINITIONS. 

Unless the term is specifically defined in this 
Article or the contrary stated or clearly appears 
from the context, the definitions set forth in 
Article 19, Section 1002, of this Code (the Smok- 
ing Pollution Control Ordinance) shall govern 
the interpretation of this Article. The definitions 
set forth in this Article shall be construed so as to 
make the prohibition against smoking set forth 
herein broadly applicable. 

(a) "Bar" means an area which is devoted to 
the serving of alcoholic beverages for consump- 
tion by patrons on the premises and in which the 
serving of food is only incidental to the consump- 
tion of such beverages. 

(b) "Child care facility" means a facility in 
which a person, at the request and consent of a 
parent or legal guardian, provides care during a 
part of any 24-hour period for compensation, 
whether or not such person is licensed. 



561 



Sec. 1008.1. 



San Francisco - Health Code 



562 



(c) "Educational facility" means any school 
or educational institution, whether commercial 
or nonprofit, operated for the purpose of provid- 
ing academic classroom instruction, trade, craft, 
computer or other technical training, or instruc- 
tion in dancing, artistic, musical or other cul- 
tural skills. 

(d) "Enclosed" means closed in by a roof and 
four walls with appropriate openings for ingress 
and egress. It includes areas commonly de- 
scribed as public lobbies or lobbies when they are 
in an area that is enclosed as defined herein. 

(e) "Motion picture theater" means any the- 
ater engaged in the business of exhibiting mo- 
tion pictures. 

(f) "Nonprofit establishment" means any of- 
fice, store, or other place operated by any corpo- 
ration, unincorporated association or other en- 
tity created for charitable, philanthropic, 
educational, character building, political, social 
or other similar purposes, the net proceeds from 
the operation of which are committed to the 
promotion of the objects or purposes of the orga- 
nization and not to private financial gain. A 
public agency is not a nonprofit entity. 

(g) "Person" means a natural person or any 
legal entity, including but not limited to a corpo- 
ration, firm, partnership or trust. 

(h) "Public area" means any enclosed area 
of a building to which members of the general 
public have access. It shall include, by way of 
example only, lobbies of businesses open to the 
public; reception areas of businesses open to the 
public; department stores; one-room businesses 
where the room is open to the public; restrooms 
open to the public; stairways, hallways, escala- 
tors and elevators in buildings open to the pub- 
lic; and other enclosed areas open to the public as 
set forth herein. 

(i) "Business establishment" means any busi- 
ness, store, office or other place where goods or 
services are sold or provided as part of a com- 
mercial venture. It includes but is not limited to 
the following: (1) automobile dealerships, furni- 
ture or other showrooms for the display of mer- 
chandise offered for sale; (2) grocery, pharmacy, 
specialty, department and other stores which sell 



goods or merchandise; (3) service stations, stores 
or shops for the repair or maintenance of appli- 
ances, shoes, motor vehicles or other items or 
products; (4) barbershops, beauty shops, clean- 
ers, laundromats and other establishments offer- 
ing services to the general public; (5) video 
arcade, poolhall, and other amusement centers; 
(6) offices providing professional services such as 
legal, medical, dental, engineering, and architec- 
tural services; (7) banks, savings and loan of- 
fices, and other financial establishments; (8) 
hotels and motels, and other places that provide 
accommodations to the public. 

(j) "Retail tobacco store" shall mean a retail 
store utilized primarily for the sale of tobacco 
products and accessories and in which the sale of 
other products is merely incidental. 

(k) "Sports arena" means sports stadiums, 
gymnasiums, health spas, boxing arenas, swim- 
ming pools, roller and ice rinks, bowling alleys 
and similar places where the public assembles 
either to engage in physical exercise, participate 
in athletic competition or witness sports events. 
(Added by Ord. 300-88, App. 6/30/88) 

SEC. 1008.2. REGULATION OF 
SMOKING IN PUBLIC PLACES AND 
DESIGNATED FACILITIES. 

Smoking shall be prohibited in those en- 
closed areas of the following places during those 
times when the general public has access to 
them; notwithstanding any other provision of 
this Article, smoking is permitted in the public 
areas of the following places without violating 
this Article if one or more designated smoking 
areas are established which are physically sepa- 
rated by walls or partitions so that smoke does 
not permeate into areas where smoking is pro- 
hibited and so long as such designated smoking 
areas do not exceed in aggregate size the area or 
areas devoted to non-smoking which are for the 
general public. 

(a) Public areas of every building or portion 
thereof on property owned or leased by the City 
and County of San Francisco; within 90 days 
after the effective date of this ordinance, every 
commission, department or agency with jurisdic- 



563 



Regulating Smoking in Public Places and in Health, 
Educational and Child Care Facilities 



Sec. 1008.3. 



tion over such property shall adopt regulations 
or policies implementing the provisions of this 
Article; 

(b) Public areas of hearing rooms, court- 
rooms, or places of public assembly located in 
buildings in which the business of any govern- 
mental body or agency is conducted; 

(c) Polling places; 

(d) (1) Public areas of health facilities, in- 
cluding but not limited to hospitals, long term 
care facilities, clinics, physical therapy facilities, 
and doctors' and dentists' offices, which public 
areas shall include waiting rooms and lobbies; 

(2) The following private areas of hospitals, 
long term care facilities, clinics, physical therapy 
facilities, doctors' and dentists' offices, and other 
health facilities, even though the general public 
may not have access to such areas: wards, inpa- 
tient rooms, and outpatient examination and 
treatment rooms; 

(3) Health Facility Exemptions. Notwith- 
standing any other provision of this Article, 
smoking is permitted in (i) wards and inpatient 
rooms if all patients currently in the ward or 
room request in writing to be placed in a room 
where smoking is permitted; and (ii) in desig- 
nated areas in waiting rooms and lobbies of 
health facilities which may be established and 
which are physically separated by walls or par- 
titions so that smoke does not permeate into 
areas where smoking is prohibited so long as 
such designated smoking areas do not exceed in 
aggregate size the areas in the lobbies and wait- 
ing rooms which are for the general public and 
designated as non- smoking; and (hi) in publicly 
owned long term care facilities, provided that 
such facilities shall adopt within 90 days of the 
effective date of this ordinance a written plan 
designed to meet the needs of patients, family 
and staff for a smoke-free environment; 

(e) Public areas in educational facilities; 

(f) Classrooms, meeting or conference rooms, 
and lecture halls in educational facilities; this 
prohibition is intended to apply even when such 
areas are open only to persons enrolled or other- 
wise formally authorized to attend; 



(g) Public areas in business establishments 
and nonprofit establishments; provided, how- 
ever, that not included are any establishments 
which employ three or fewer employees; 

(h) Public areas of privately owned aquari- 
ums, galleries, libraries and museums when 
open to the public; 

(i) Enclosed areas in child care facilities 
when children are present; provided, however, 
that not included are child care facilities which 
employ three or fewer employees. This prohibi- 
tion is intended to apply even when such areas 
are open only to those being cared for in such 
facilities; 

(j) Notwithstanding the provision of subsec- 
tion (g) above that exempts establishments which 
employ three or fewer employees, all areas of all 
automatic laundries or launderettes intended for 
use by members of the general public. 

Notwithstanding any other provision of this 
Article, any owner, operator, manager, or other 
person who controls any establishment or facil- 
ity described in this Article may declare the 
entire establishment or facility as non-smoking. 
(Added by Ord. 300-88, App. 6/30/88; amended 
by Ord. 16-90, App. 1/10/90) 

SEC. 1008.3. REGULATION OF 
SMOKING IN PLACES OF 
ENTERTAINMENT, SPORTS ARENAS, 
CONVENTION FACILITIES, AND HOTEL 
LOBBIES. 

The owner of the following premises, or the 
person who has the right to possession and 
management of the premises, shall designate 
smoking and non- smoking areas in enclosed 
areas of the following places and shall enforce 
the smoking prohibition in the non- smoking 
areas during those times when the general pub- 
lic has access to the premises. The owner or 
person with the right to possession and manage- 
ment shall post the signs required by Section 
1008.5. An enclosed area may be divided into 
smoking and non-smoking areas without a physi- 
cal separation between them. The posted signs 
shall clearly designate where the demarcation is 
between the smoking and non-smoking areas. 



Sec. 1008.3. 



San Francisco - Health Code 



564 



Designated smoking areas shall not exceed in 
aggregate size the areas which are for the gen- 
eral public and which must be devoted to non- 
smoking. 

(a) Public areas of any building primarily 
used for exhibiting motion pictures, drama, dance, 
musical performance or other entertainment, 
and within any room, hall or auditorium that is 
occasionally used for exhibiting motion pictures, 
drama, dance, musical performance, lecture or 
other entertainment during the time that said 
room, hall or auditorium is open to the public for 
such exhibition; provided, however, that smok- 
ing is permitted on a stage when such smoking is 
part of a stage production; 

(b) Public areas of buildings containing sports 
arenas; 

(c) Public areas of convention facilities; 

(d) Hotel lobbies. (Added by Ord. 300-88, 
App. 6/30/88) 

SEC. 1008.4. APPLICATION AND 
EXCEPTIONS. 

(a) The following shall not be subject to this 
Article: 

(1) "Eating establishments" regulated by Ar- 
ticle 19A of this Code; 

(2) Bars; provided, however, that not ex- 
cluded from the requirements of this Article are 
areas commonly known as lobbies located in 
hotels, convention centers, theaters, and similar 
establishments; 

(3) Rooms rented to guests in hotels, motels 
and similar establishments where not desig- 
nated by the proprietor of said facilities as non- 
smoking; 

(4) Retail tobacco stores; 

(5) Discotheques, dance halls, or other es- 
tablishments which are primarily devoted to 
entertaining people by providing music and danc- 
ing. 

(b) Article 19 of this Code regulates smok- 
ing in the office workplace. In those times and 
places where the provisions of this Article apply, 
they shall govern. In all other instances, the 
provisions of Article 19 shall apply. Notwithstand- 
ing any other provision of this Article, no em- 



ployee shall be entitled to smoke in an office 
workplace unless the provisions of Article 19 are 
complied with. (Added by Ord. 300-88, App. 
6/30/88) 

SEC. 1008.5. POSTING OF SIGNS. 

(a) "No Smoking" signs with letters of not 
less than one inch in height or the international 
"No Smoking" symbol (consisting of a pictorial 
representation of a burning cigarette enclosed in 
a red circle with a red bar across it) shall be 
conspicuously posted in every enclosed area where 
smoking is prohibited by this Article by the 
owner of such building or, if a different person 
has the right to possession and management of 
the property, by the person with such right. 

(b) The owner and the manager or operator 
of every theater and auditorium shall be respon- 
sible for conspicuously posting signs in the lobby 
stating that smoking is prohibited within the 
theater or auditorium and the lobby, and in the 
case of motion picture theaters, such information 
shall be shown upon the screen for at least five 
seconds prior to the showing of each feature 
motion picture. 

(c) "Smoking" signs may be posted where 
permitted by this Article. (Added by Ord. 300-88, 
App. 6/30/88) 

SEC. 1008.6. UNLAWFUL TO PERMIT 
SMOKING IN OR TO SMOKE IN 
PROHIBITED AREAS. 

(a) It shall be unlawful for the owner of any 
property or establishment subject to this Article, 
or, if a different person has the right to posses- 
sion and management of such property or estab- 
lishment, for that person, to fail to post or to 
maintain the signs required by this Article or to 
permit any person to smoke in any area where 
smoking is prohibited by this Article. The person 
responsible for enforcing the prohibition against 
smoking in designated areas shall be deemed to 
have complied with these Sections if he or she 
posts the signs required by this Article and, upon 
notice of a violation, promptly makes a good faith 
effort to notify the violator that smoking is illegal 
and requests the violator not to smoke, either 
personally or through a designee. 



565 



Regulating Smoking in Public Places and in Health, 
Educational and Child Care Facilities 



Sec. 1008.8. 



(b) It is unlawful for any person to smoke in 
an area where signs have been posted indicating 
that smoking is prohibited or to smoke in an area 
where this Article prohibits smoking. (Added by 
Ord. 300-88, App. 6/30/88) 

SEC. 1008.7. PENALTIES AND 
ENFORCEMENT. 

(a) The Director of Health (hereinafter "Di- 
rector") may enforce the provisions of this Article 
against violations by serving notice requiring the 
correction of any violation within a reasonable 
time specified by the Director. Upon the violator's 
failure to comply with the notice within the time 
period specified, (1) the Director may request the 
City Attorney to maintain an action for injunc- 
tion to enforce the provisions of this Article and 
for assessment and recovery of a civil penalty for 
such violation and (2) the owner of the premises 
or the person with the right to possession and 
management of the property may maintain an 
action for injunctive relief to enforce the provi- 
sions of this Article and an action for damages. 
Damages may be awarded up to $500 a day for 
each day that the violation occurs or is permitted 
to continue. It is necessary to specify the amount 
of such damages because of the extreme diffi- 
culty that the owner or other authorized person 
would have in establishing injury based on lost 
business, lost productivity due to health injuries 
caused by tobacco smoke, and other costs arising 
because of the health problems created by smok- 
ing. 

(b) Any person that violates or refuses to 
comply with the provisions of this Article shall be 
liable for a civil penalty, not to exceed $500 for 
each day such violation is committed or permit- 
ted to continue, which penalty shall 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. Any penalty assessed and 
recovered in a civil action brought pursuant to 
this Section shall be paid to the Treasurer of the 
City and County of San Francisco. 

(c) Any person who violates or refuses to 
comply with the provisions of this Article shall be 
guilty of an infraction, and shall be deemed 



guilty of a separate offense for every day such 
violation or refusal shall continue. Every viola- 
tion is punishable by (1) a fine not exceeding 
$100 for a first violation; (2) a fine not exceeding 
$200 for a second violation within one year; (3) a 
fine not exceeding $500 for each additional vio- 
lation within one year. 

(d) In undertaking the enforcement of this 
ordinance, 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 obli- 
gation for breach of which it is liable in money 
damages to any person who claims that such 
breach proximately caused injury. (Added by 
Ord. 300-88, App. 6/30/88) 

SEC. 1008.8. SEVERABILITY. 

If any provision of this Article, or the appli- 
cation of any such provision to any person or 
circumstances, shall be held invalid, the remain- 
der of this Article, to the extent it can be given 
effect, or the application of those provisions to 
persons or circumstances other than those to 
which it is held invalid, shall not be affected 
thereby, and to this end the provisions of this 
Article are severable. (Added by Ord. 300-88, 
App. 6/30/88) 



Sec. 1008.8. San Francisco - Health Code 566 



[The next page is 575] 



ARTICLE 19D: PROHIBITING CIGARETTE VENDING MACHINES 



Sec. 1009. Definitions. 

Sec. 1009.1. Prohibition of Cigarette Vending 

Machines. 
Sec. 1009.2. Disclaimers. 
Sec. 1009.3. Penalties and Enforcement. 
Sec. 1009.4. Severability. 

SEC. 1009. DEFINITIONS. 

Unless the term is specifically defined in this 
Article or the contrary stated or clearly appears 
from the context, the definitions set forth in 
Article 19, Section 1002 of this Code shall govern 
the interpretation of this Article. 

(a) "Cigarette vending machine" shall mean 
any electronic or mechanical device or appliance 
the operation of which depends upon the inser- 
tion of money, whether in coin or paper bill, or 
other thing representative of value, which dis- 
penses or releases a tobacco product and/or to- 
bacco accessories. 

(b) "Tobacco product" shall mean any sub- 
stance containing tobacco leaf, including but not 
limited to cigarettes, cigars, pipe, tobacco, snuff, 
chewing tobacco, and dipping tobacco. 

(c) "Tobacco accessories" shall mean ciga- 
rette papers or wrappers, pipes, holders of smok- 
ing materials of all types, cigarette rolling ma- 
chines, and any other item designed primarily 
for the smoking or ingestion of tobacco products. 

(d) A "six-month owner" shall mean a per- 
son who purchased a cigarette vending machine 
fewer than six months prior to the effective date 
of this Amendment for the purpose of using the 
vending machine to sell or distribute tobacco 
products exclusively within the City and County 
of San Francisco and who on the effective date of 
this Amendment was using the vending machine 
in a place inaccessible to minors and who has 
not, or will not have, recovered his, her or its 
investment therein by the date on which discon- 



tinuance of use is required pursuant to Section 
1009.1(b). (Added by Ord. 234-91, App. 6/18/91; 
amended by Ord. 20-97, App. 1/24/97) 

SEC. 1009.1. PROHIBITION OF 
CIGARETTE VENDING MACHINES. 

(a) No person shall locate, install, keep, 
maintain or use, or permit the location, installa- 
tion, keeping, maintenance or use on his, her or 
its premises of any cigarette vending machine 
used or intended to be used for the purpose of 
selling or distributing any tobacco products or 
tobacco accessories therefrom. 

(b) Any cigarette vending machine in use on 
the effective date of this Amendment on pre- 
mises to which access by minors is prohibited by 
law shall be removed within 90 days after the 
effective date of this Amendment. 

(c) A six-month owner may apply to the 
Director of Public Health for a use extension 
based on financial hardship. A use extension 
shall be granted to a six-month owner if the 
Director of Public Health, or the Director's des- 
ignee appointed to consider the application, makes 
all of the following findings: 

(1) That the cigarette vending machine was 
intended for use only within the corporate limits 
of the City and County of San Francisco and had 
been in use on premises inaccessible to minors 
on the effective date of this Amendment; 

(2) That the vending machine owner had 
owned the machine for less than six months 
prior to the effective date of this Amendment; 

(3) That the vending machine owner has 
not, or will not have recovered his, her or its 
investment therein before the date of required 
discontinuance ; 

(4) That the vending machine owner has no 
practical way to recover the investment in the 
machine other than its continued use within the 
corporate limits of the City and County of San 
Francisco on premises inaccessible to minors; 



575 



Sec. 1009.1. 



San Francisco - Health Code 



576 



(5) That the investment not yet recovered 
exceeds 10 percent of the actual cost of the 
machine; and 

(6) That the vending machine will be placed 
in a location on the premises easily viewed and 
supervised by the owner or a responsible em- 
ployee. 

The length of the use extension shall not 
exceed that additional time period necessary to 
allow recovery of the owner's investment; pro- 
vided, however, that no use extension shall be 
granted which allows the total time during which 
the machine will be in use within the corporate 
limits of the City and County of San Francisco on 
premises inaccessible to minors to exceed one 
year from the date of installation of the machine. 
The cigarette vending machine owner shall bear 
the burden of proof on each issue. The decision of 
the Director of Public Health, or the Director's 
designee, shall be final. The Director's power to 
grant a use extension shall expire six months 
after the effective date of this Amendment. (Added 
by Ord. 234-91, App. 6/18/91; amended by Ord. 
20-97, App. 1/24/97) 

SEC. 1009.2. DISCLAIMERS. 

By prohibiting cigarette vending machines, 
the City and County of San Francisco is assum- 
ing 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. (Added by Ord. 234-91, App. 6/18/ 
91; amended by Ord. 20-97, App. 1/24/97) 

SEC. 1009.3. PENALTIES AND 
ENFORCEMENT. 

(a) The Director of Public Health shall en- 
force Section 1009.1 hereof against violations by 
any of the following actions: 

(1) Receiving complaints relating to viola- 
tions of this Article; 

(2) Acting upon complaints relating to vio- 
lations of this Article by either: 

(A) Serving notice requiring correction of 
any violation of this Article; 



(B) Calling upon the City Attorney to main- 
tain an action for injunction to enforce the pro- 
visions of this Article, to cause the correction of 
any such violation, and for assessment and re- 
covery of a civil penalty for such violation. 

(b) Any person who violates or refuses to 
comply with the provisions of this Article shall be 
liable for a civil penalty of $100, which penalty 
shall be assessed and recovered in a civil action 
brought in the name of the People of the City and 
County of San Francisco in any court of compe- 
tent jurisdiction. Each day such violation is 
committed or permitted to continue shall consti- 
tute a separate offense and shall be punishable 
as such. Any penalty assessed and recovered in 
an action brought pursuant to this paragraph 
shall be paid to the Treasurer of the City and 
County of San Francisco. 

(c) Any person who violates or refuses to 
comply with the provisions of this Article shall be 
guilty of an infraction, and shall be deemed 
guilty of a separate offense for every day such 
violation or refusal shall continue. Every viola- 
tion is punishable by (1) a fine of at least $25 but 
not exceeding $100 for a first violation; (2) a fine 
of at least $100 but not exceeding $200 for a 
second violation within one year; (3) a fine of at 
least $200 but not exceeding $500 for each addi- 
tional violation within one year. (Added by Ord. 
234-91, App. 6/18/91; amended by Ord. 20-97, 
App. 1/24/97) 

SEC. 1009.4. SEVERABILITY. 

If any provision of this Article, or the appli- 
cation of any such provision to any person or 
circumstances, shall be held invalid, the remain- 
der of this Article, to the extent it can be given 
effect, or the application of those provisions to 
persons or circumstances other than those to 
which it is held invalid, shall not be affected 
thereby, and to this end the provisions of this 
Article are severable. (Added by Ord. 234-91, 
App. 6/18/91; amended by Ord. 20-97, App. 1/24/ 
97) 



[The next page is 581] 



ARTICLE 19E: PROHIBITING SMOKING IN PLACES 
OF EMPLOYMENT AND CERTAIN SPORTS ARENAS 



Per Ordinance 249-94, the provisions of this article are suspended 
unless and until such time that these provisions become operative again. 



Sec. 1009.5. Prohibition of Smoking in 
Places of Employment and 
Sports Arenas. 

Sec. 1009.6. Hardship Exemption for 
Restaurants. 

Sec. 1009.7. Violations and Penalties. 

Sec. 1009.8. Disclaimers. 

Sec. 1009.9. Severability. 

Sec. 1009.10. Operative Date. 

SEC. 1009.5. PROHIBITION OF 
SMOKING IN PLACES OF EMPLOYMENT 
AND SPORTS ARENAS. 

(a) No employer shall knowingly or inten- 
tionally permit, and no person shall engage in, 
the smoking of tobacco products in an enclosed 
space at a place of employment. 

(b) No owner, manager, or operator of a 
sports arena or stadium shall knowingly or in- 
tentionally permit, and no person on the pre- 
mises shall engage in, the smoking of tobacco 
products in any enclosed or open space at a 
sports arena or stadium except in (1) concourses 
and ramps outside seating areas, (2) private 
suites and corridors to private suites, and (3) 
areas designated for parking. Any portion of a 
sports arena or stadium used as a bar or restau- 
rant shall be subject to the provisions of this 
Article governing bars and restaurants as "places 
of employment." For purposes of this Section a 
sports arena or stadium means a publicly owned 
facility which has a seating capacity of at least 
30,000 people. 

(c) For purposes of this Section: 

(1) Except as otherwise provided in this 
Section, the terms "employer" and "employee" 
shall have the same meaning as the construction 
given those terms in Labor Code Sections 6304 
and 6304.1. 



(2) "Place of employment" means any place, 
and the premises appurtenant thereto, where 
employment is carried on. "Place of employment" 
shall not include: 

(A) That portion of any hotel or motel lobby 
designated for smoking, provided that no hotel or 
motel shall designate more than 25 percent of 
any lobby for smoking, and provided further that 
no hotel or motel shall permit smoking in any 
room used for exhibit space; 

(B) Hotel and motel guest room accommo- 
dations designated as smoking rooms, provided 
that hotels and motels shall designate at least 35 
percent of the guest rooms as nonsmoking; 

(C) Facilities used to conduct charity bingo 
games pursuant to Penal Code Section 326.5 
during such times that persons are assembled in 
the facility in connection with such games; 

(D) Banquet rooms in use for private social 
functions; 

(E) Bars. A "bar" means an area which is 
devoted to the serving of alcoholic beverages for 
consumption by patrons on the premises and in 
which the serving of food is only incidental to the 
consumption of such beverages. If a restaurant 
contains a bar, that portion that constitutes the 
bar shall not be considered a place of employ- 
ment under this ordinance; 

(F) Private homes; 

(G) Any store that engages exclusively in 
the sale of tobacco and tobacco related products 
and any portion of any store devoted exclusively 
to the sale of tobacco and tobacco related prod- 
ucts. 

(d) For purposes of this Section, an em- 
ployer who permits any nonemployee access to 
his or her place of employment on a regular basis 



581 



Sec. 1009.5. 



San Francisco - Health Code 



582 



has not acted knowingly or intentionally if he or 
she has taken the following reasonable steps to 
prevent smoking by a nonemployee: 

(1) Posted clear and prominent "No Smok- 
ing" signs at each entrance to the workplace 
premises; 

(2) Has requested, when appropriate, that a 
nonemployee who is smoking refrain from smok- 
ing in the enclosed workplace. 

For purposes of this subsection, "reasonable 
steps" shall not include the physical ejectment of 
a nonemployee from the place of employment. 

(e) For purposes of this Section, the owner, 
manager, or operator of a sports arena has not 
acted knowingly or intentionally if he or she has 
taken the reasonable steps described in Subsec- 
tion (d) to prevent smoking by a person on the 
premises who is not an employee of the owner, 
manager or operator. 

(f) Insofar as this Article applies to actions 
or omissions involving smoking that are also 
governed by any other ordinance of the City and 
County of San Francisco, the provisions of this 
Article are intended to supersede any other pro- 
vision; provided, however, that the provisions of 
this Article supersede such other provision only 
after the provisions of this Article that apply to 
such act or omission become operative. The in- 
tent of this Section is that the current ordinances 
regulating smoking continue to be enforced until 
the applicable provisions of this Article become 
operative. (Added by Ord. 359-93, App. 11/18/93) 

SEC. 1009.6. HARDSHIP EXEMPTION 
FOR RESTAURANTS. 

(a) Any owner or manager of a restaurant 
may apply to the Controller for an exemption 
from or modification of the requirements of this 
Article based on significant financial hardship 
caused by compliance with this Article. The 
applicant shall include all information required 
by the Controller. An application for exemption 
or modification shall be accompanied by a rea- 
sonable fee established by the Controller to cover 
the costs required to process the application and 
make a determination. The Controller shall give 



the Department of Public Health an opportunity 
to present relevant information with respect to 
each application. 

(b) The applicant shall have the burden of 
proof in establishing that this Article has created 
an unreasonable economic effect on the applicant's 
business and threatens the survival of the res- 
taurant, and that this economic effect is not the 
result of seasonal fluctuations or other condi- 
tions unrelated to the requirements of this Ar- 
ticle. The Controller shall act on the application 
pursuant to administrative regulations adopted 
by the Controller. The Controller shall not be 
required to conduct a hearing on the application. 
The Controller shall issue a decision in writing 
to the applicant and to any other person who has 
requested a copy. 

(c) The decision of the Controller may be 
appealed within 15 days of the issuance of the 
decision to the Board of Permit Appeals by the 
applicant or by any person who deems that his or 
her interests or that the general public interest 
will be adversely affected by the decision. The 
Board of Permit Appeals may concur in, overrule 
or modify the Controller's decision. The provi- 
sions of Sections 8 through 16 of Part III of the 
San Francisco Municipal Code shall govern the 
appeal process. 

(d) No exemptions or modifications shall be 
granted to any restaurant which has not been 
smokefree for a period of less than six months. 
Notwithstanding any other provision of this Ar- 
ticle, any restaurant which has been granted an 
exemption or modification from the require- 
ments of this Article shall not permit smoking in 
more than 25 percent of the seating or floor space 
of the restaurant. 

(e) Exemptions granted by the Controller or 
the Board of Permit Appeals shall be valid for a 
period not to exceed 12 months and may be 
renewed upon application to the Controller. Ap- 
plications for renewal shall be subject to the 
same requirements and procedures as initial 
applications. (Added by Ord. 359-93, App. 11718/ 
93) 



583 



Prohibiting Smoking in Places of Employment 
and Certain Sports Arenas 



Sec. 1009.10. 



SEC. 1009.7. VIOLATIONS AND 
PENALTIES. 

(a) The Director of Public Health may en- 
force the provisions of this Article against viola- 
tions by serving notice requiring the correction of 
any violation within a reasonable time specified 
by the Director. Upon the violator's failure to 
comply with the notice within the time period 
specified, (1) the Director may request the City 
Attorney to maintain an action for injunction to 
enforce the provisions of this Article and for 
assessment and recovery of a civil penalty for 
such violation and (2) the owner of the premises 
or the person with the right to possession and 
management of the property may maintain an 
action for injunctive relief to enforce the provi- 
sions of this Article and an action for damages. 
Damages may be awarded up to $500 a day for 
each day the violation occurs or is permitted to 
continue. It is necessary to specify the amount of 
such damages because of the extreme difficulty 
that the owner or other authorized person would 
have in establishing injury based on lost busi- 
ness, lost productivity due to health injuries 
caused by tobacco smoke, and other costs arising 
because of the health problems created by smok- 
ing. 

(b) Any person who violates or refuses to 
comply with the provisions of this Article, shall 
be liable for a civil penalty, not to exceed $500 for 
each day such violation is committed or permit- 
ted to continue, which penalty shall 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. Any penalty assessed and 
recovered in a civil action brought pursuant to 
this Section shall be paid to the Treasurer of the 
City and County of San Francisco. 

(c) In addition to any other penalty or pro- 
vision regarding enforcement set forth in this 
Article, any violation of the prohibition set forth 
in this Article is a misdemeanor punishable by a 
fine not to exceed $250 for a first violation, $350 
for a second violation within one year, and $600 



for a third and for each subsequent violation 
within one year. (Added by Ord. 359-93, App. 
11/18/93) 

SEC. 1009.8. DISCLAIMERS. 

In adopting and undertaking the enforce- 
ment of this ordinance, the City and County of 
San Francisco is assuming an undertaking only 
to promote the general welfare. It is not assum- 
ing, nor is it imposing on its officers and employ- 
ees, an obligation for breach of which it is liable 
in money damages to any person who claims that 
such breach proximately caused injury. (Added 
by Ord. 359-93, App. 11/18/93) 

SEC. 1009.9. SEVERABILITY. 

If any provision of this Act or the application 
thereof to any person or circumstances is held 
invalid, that invalidity shall not affect other 
provisions or applications of the Act that can be 
given effect without the invalid provision of 
application, and to this end the provisions of this 
Act are severable. (Added by Ord. 359-93, App. 
11/18/93) 

SEC. 1009.10. OPERATIVE DATE. 

The provisions of this Article shall not be 
operative until February 1, 1994; provided, how- 
ever, that with respect to restaurants, the provi- 
sions of this Article shall not be operative until 
January 1, 1995. (Added by Ord. 359-93, App. 
11/18/93) 



Sec. 1009.10. San Francisco - Health Code 584 



[The next page is 591] 



ARTICLE 19F: PROHIBITING SMOKING IN ENCLOSED AREAS 

AND SPORTS STADIUMS 



Sec. 1009.20. 
Sec. 1009.21. 
Sec. 1009.22. 



Sec. 1009.23. 
Sec. 1009.24. 



Sec. 1009.25. 
Sec. 1009.26. 
Sec. 1009.27. 



Findings. 

Definitions. 

Prohibiting smoking in 

buildings and enclosed 

structures containing certain 

uses and certain sports 

stadiums. 

Exceptions. 

Operative date, interim 

regulation, and hardship 

exemption for restaurants. 

Violations and penalties. 

Disclaimers. 

Relationship to other smoking 

restrictions. 



SEC. 1009.20. FINDINGS. 

(a) The United States Surgeon General's 
1986 Report on the Health Consequences of 
Involuntary Smoking reports the following: 

(1) Involuntary smoking is a cause of dis- 
ease, including lung cancer, in healthy nonsmok- 
ers. 

(2) The children of parents who smoke com- 
pared with the children of nonsmoking parents 
have an increased frequency of respiratory infec- 
tions, increased respiratory symptoms, and slightly 
smaller rates of increase in lung function as the 
lung matures. 

(3) The simple separation of smokers and 
nonsmokers within the same air space may re- 
duce, but does not eliminate, the exposure of 
nonsmokers to environmental smoke. 

(b) The Board of Supervisors finds and de- 
clares: 

(1) Nonsmokers have no adequate means to 
protect themselves from the damage inflicted 
upon them when they involuntarily inhale to- 
bacco smoke. 



(2) Regulation of smoking in public places is 
necessary to protect the health, safety, welfare, 
comfort, and environment of nonsmokers. 

(c) It is, therefore, the intent of the Board of 
Supervisors, in enacting this Article, to protect 
the nonsmoker from environmental tobacco smoke 
and to eliminate smoking, as much as possible, 
in public places. (Added by Ord. 249-94, App. 
7/7/94) 

SEC. 1009.21. DEFINITIONS. 

Unless the term is specifically defined in this 
Article or the contrary stated or clearly appears 
from the context, the definitions set forth in this 
Section shall govern the interpretation of this 
Article. The definitions set forth in this Article 
shall be construed so as to make the prohibition 
against smoking set forth herein broadly appli- 
cable. 

(a) "Bar" means an area which is devoted to 
the serving of alcoholic beverages for consump- 
tion by patrons on the premises and in which the 
serving of food is only incidental to the consump- 
tion of such beverages. 

(b) "Business establishment" means any re- 
tail establishment, office, business, store, fac- 
tory, warehouse, storage facility or other place 
operated as a commercial venture. The term 
includes any place where services are provided 
or goods are manufactured, distributed, pro- 
cessed, assembled, sold or displayed for sale on a 
wholesale or retail basis. The term also includes 
any place operated as part of the commercial 
venture, such as places that provide accounting, 
management, personnel, information processing, 
accounting, communication, financial and other 
support services. 

"Business establishment" includes, but is not 
limited to: (1) automobile dealerships, furniture 
or other showrooms for the display of merchan- 
dise offered for sale; (2) grocery, pharmacy, spe- 
cialty, department and other stores which sell 



591 



Sec. 1009.21. 



San Francisco - Health Code 



592 



goods or merchandise; (3) service stations, stores 
or shops for the repair or maintenance of appli- 
ances, shoes, motor vehicles or other items or 
products; (4) barbershops, beauty shops, clean- 
ers, laundromats and other establishments offer- 
ing services to the general public; (5) video 
arcade, poolhall, and other amusement centers; 
(6) offices providing professional services such as 
legal, medical, dental, engineering, accounting 
and architectural services; (7) banks, savings 
and loan offices, and other financial establish- 
ments; (8) hotels and motels, and other places 
that provide accommodations to the public, sub- 
ject to the exceptions set forth in Section 1009.23. 

"Business establishment" shall not include a 
separately enclosed business establishment di- 
rectly administered and operated on site by a 
person or persons who own or have an ownership 
interest in the business if such establishment is 
smaller than five hundred square feet. 

(c) "Child care facility" means a facility in 
which a person, at the request and consent of a 
parent or legal guardian, provides care during a 
part of any 24-hour period for compensation, 
whether or not such person is licensed. 

(d) "Educational facility" means any school 
or education institution, whether commercial or 
nonprofit, operated for the purpose of providing 
academic classroom instruction, trade, craft, com- 
puter or other technical training, or instruction 
in dancing, artistic, musical or other cultural 
skills. 

(e) "Nonprofit establishment" means any fa- 
cility used for social, recreational, health care or 
similar services, or office, store, or other place 
operated by any corporation, unincorporated as- 
sociation or other entity created for charitable, 
philanthropic, educational, character building, 
political, social or other similar purposes, the net 
proceeds from the operation of which are com- 
mitted to the promotion of the objects or pur- 
poses of the organization and not to private 
financial gain. A public agency is not a nonprofit 
entity. 

(f) "Person" means any individual person, 
firm, partnership, association, corporation, com- 
pany, organization, or legal entity of any kind. 



(g) "Restaurant" means every enclosed res- 
taurant, coffee shop, cafeteria, cafe, luncheon- 
ette, sandwich stand, soda fountain, or other 
enclosed eating establishment serving food to 
the general public. 

(h) "Smoking" or "to smoke" means and 
includes inhaling, exhaling, burning or carrying 
any lighted smoking equipment for tobacco or 
any other weed or plant; 

(i) "Sports arena" means sports stadiums, 
gymnasiums, health spas, boxing arenas, swim- 
ming pools, roller and ice rinks, bowling alleys 
and similar places where the public assembles 
either to engage in physical exercise, participate 
in athletic competition or witness sports events. 
(Added by Ord. 249-94, App. 7/7/94) 

SEC. 1009.22. PROHIBITING SMOKING 
IN BUILDINGS AND ENCLOSED 
STRUCTURES CONTAINING CERTAIN 
USES AND CERTAIN SPORTS STADIUMS. 

(a) Smoking is prohibited in buildings and 
enclosed structures which contain any of the 
facilities or uses set forth below. 

(1) Facilities owned or leased by the City 
and County of San Francisco; every commission, 
department or agency, with jurisdiction over 
such property shall adopt regulations or policies 
implementing the provisions of this Article; pro- 
vided, however, with respect to facilities located 
outside the City and County of San Francisco, 
the regulations or policies shall prohibit smoking 
in enclosed areas during those times that the 
public has access, except that (A) in any enclosed 
area a designated smoking area may be provided 
if it is physically separated from and no larger 
than the nonsmoking area, and (B) when the 
public does not have access to an enclosed area, 
the provisions of Article 19 apply; 

(2) Facilities in which the business of any 
governmental body or agency is conducted, in- 
cluding hearing rooms, courtrooms or places of 
public assembly; 

(3) Polling places; 



593 



Prohibiting Smoking in Enclosed Areas and Sports Stadiums 



Sec. 1009.23. 



(4) Health facilities, including, but not lim- 
ited to, hospitals, long term care facilities, doc- 
tors' and dentists' offices, inpatient rooms, and 
outpatient examination and treatment rooms; 

(5) Educational facilities; 

(6) Business establishments; 

(7) Nonprofit establishments, except that 
persons qualifying under California Health Code 
Section 11362.5 to use medical marijuana may 
smoke medical marijuana on the premises of a 
nonprofit medical marijuana buyer's club; 

(8) Aquariums, galleries, libraries and mu- 
seums; 

(9) Child care facilities, except when lo- 
cated in private homes; 

(10) Facilities used for exhibiting motion 
pictures, drama, dance, musical performance, 
lectures, or other entertainment; 

(11) Sports arenas; provided, however, that 
Subsection (b) shall govern sports stadiums as 
defined in that subsection; 

(12) Convention facilities; 

(13) Restaurants, subject to the provisions 
of Section 1009.24. 

(14) Ticketing, boarding and waiting areas 
of public transit systems, including bus, train, 
trolley and cable car stops and shelters. 

Smoking is prohibited throughout the build- 
ing or structure and in the common areas, in- 
cluding the elevators, hallways, stairways, re- 
strooms, conference and meetings rooms, and 
eating and break rooms, if any. 

(b) No owner, manager, or operator of a 
sports stadium shall knowingly or intentionally 
permit, and no person on the premises shall 
engage in, the smoking of tobacco products in 
any enclosed or open space at a sports stadium 
except in (1) concourses and ramps outside seat- 
ing areas, (2) private suites and corridors to 
private suites, and (3) areas designated for park- 
ing. Any portion of a sports stadium used as a 
bar or restaurant shall be governed by the pro- 
visions of this Article regulating smoking in bars 
and restaurants. For purposes of this subsection, 



a sports stadium means a publicly owned facility 
which has a seating capacity of at least 30,000 
people. 

(c) It is unlawful for any person to smoke in 
any area where this Article prohibits smoking. It 
is unlawful for the owner of any property, facility 
or establishment subject to this Article or if a 
different person has the right to possession or 
management of such property, facility or estab- 
lishment, for that person to permit any person to 
smoke in any area where smoking is prohibited 
by this Article. 

(d) No person who owns, operates or man- 
ages property will be deemed to be in violation of 
the requirements of this Article with respect to 
persons smoking in such areas over whom they 
have no right of direction and control if they have 
taken the following reasonable steps to prevent 
smoking by such persons: 

(1) Posted clear and prominent "no smok- 
ing" signs at each entrance to the premises; 

(2) Requested, when appropriate, that such 
person refrain from smoking. 

For purposes of this subsection, "reasonable 
steps" shall not include the physical ejectment of 
a person from the premises. (Added by Ord. 
249-94, App. 7/7/94; amended by Ord. 266-99, 
File No. 991462, App. 10/22/99; Ord. 68-06, File 
No. 051669, App. 4/20/2006) 

SEC. 1009.23. EXCEPTIONS. 

The following places shall not be subject to 
this Article: 

(a) That portion of any hotel or motel lobby 
designated for smoking, provided that no hotel or 
motel shall designate more than 25 percent of 
any lobby for smoking, and provided further that 
no hotel or motel shall permit smoking in any 
room used for exhibit space; 

(b) Hotel and motel guest room accommoda- 
tions designated as smoking rooms, provided 
that hotels and motels shall designate at least 35 
percent of the guest rooms as nonsmoking; 

(c) Facilities used to conduct charity bingo 
games pursuant to Penal Code Section 326.5 
during such times that persons are assembled in 
the facility in connection with such games; 



Supp. No. 1, September 2006 



Sec. 1009.23. 



San Francisco - Health Code 



594 



(d) Banquet rooms in use for private social 
functions; 

(e) Bars. If a restaurant contains a bar, 
smoking shall be permitted in that portion that 
constitutes the bar; 

(f) Private homes; 

(g) Any store that engages exclusively in 
the sale of tobacco and tobacco-related products 
and any portion of any store devoted exclusively 
to the sale of tobacco and tobacco-related prod- 
ucts. (Added by Ord. 249- 94, App. 7/7/94) 

SEC. 1009.24. OPERATIVE DATE, 
INTERIM REGULATION, AND HARDSHIP 
EXEMPTION FOR RESTAURANTS. 

(a) Notwithstanding the provisions of Sec- 
tion 1009.22, the provisions of this Article pro- 
hibiting smoking in restaurants shall not be 
operative until January 1, 1995. 

(b) Prior to January 1, 1995, smoking shall 
be prohibited in restaurants in lobbies, waiting 
areas, restrooms, and dining areas designated 
for nonsmoking. Unless the restaurant has been 
designated entirely nonsmoking, the owner, man- 
ager or operator of a restaurant shall allocate 
and designate by appropriate signage an ad- 
equate amount of space in these areas to meet 
the demands of both smokers and nonsmokers, 
and shall inform all patrons that nonsmoking 
areas are provided. 

(c) On or after January 1, 1995, any owner 
or manager of a restaurant may apply to the 
Controller for an exemption from or modification 
of the requirements of this Article based on 
significant financial hardship caused by compli- 
ance with this Article. 

(1) The applicant shall include all informa- 
tion required by the Controller. An application 
for exemption or modification shall be accompa- 
nied by a reasonable fee established by the 
Controller to cover the costs required to process 
the application and make a determination. The 
Controller shall give the Department of Public 
Health an opportunity to present relevant infor- 
mation with respect to each application. 



(2) The applicant shall have the burden of 
proof in establishing that this Article has created 
an unreasonable economic effect on the applicant's 
business and threatens the survival of the res- 
taurant, and that this economic effect is not the 
result of seasonal fluctuations or other condi- 
tions unrelated to the requirements of this Ar- 
ticle. The Controller shall act on the application 
pursuant to administrative regulations adopted 
by the Controller. The Controller shall not be 
required to conduct a hearing on the application. 
The Controller shall issue a decision in writing 
to the applicant and to any other person who has 
requested a copy. 

(3) The decision of the Controller may be 
appealed within 15 days of the issuance of the 
decision to the Board of Permit Appeals by the 
applicant or by any person who deems that his or 
her interests or that the general public interest 
will be adversely affected by the decision. The 
Board of Permit Appeals may concur in, overrule 
or modify the Controller's decision. The provi- 
sions of Sections 8 through 16 of Part III of the 
San Francisco Municipal Code shall govern the 
appeal process. 

(4) No exemptions or modifications shall be 
granted to any restaurant unless it has been 
smokefree for at least one year. Notwithstanding 
any other provision of this Article, any restau- 
rant which has been granted an exemption or 
modification from the requirements of this Ar- 
ticle shall not permit smoking in more than 25 
percent of the seating or floor space of the 
restaurant. 

(5) Exemptions granted by the Controller or 
the Board of Permit Appeals shall be valid for a 
period not to exceed 12 months and may be 
renewed upon application to the Controller. Ap- 
plications for renewal shall be subject to the 
same requirements and procedures as initial 
applications. (Added by Ord. 249-94, App. 7/7/94) 



SEC. 1009.25. 
PENALTIES. 



VIOLATIONS AND 



(a) The Director of Public Health may en- 
force the provisions of this Article against viola- 
tions by serving notice requiring the correction of 



Supp. No. 1, September 2006 



595 



Prohibiting Smoking in Enclosed Areas and Sports Stadiums 



Sec. 1009.27. 



any violation within a reasonable time specified 
by the Director. Upon the violator's failure to 
comply with the notice within the time period 
specified, (1) the Director may request the City 
Attorney to maintain an action for injunction to 
enforce the provisions of this Article and for 
assessment and recovery of a civil penalty for 
such violation and (2) the owner of the premises 
or the person with the right to possession and 
management of the property may maintain an 
action for injunctive relief to enforce the provi- 
sions of this Article and an action for damages. 
Damages may be awarded up to $500 a day for 
each day the violation occurs or is permitted to 
continue. It is necessary to specify the amount of 
such damages because of the extreme difficulty 
that the owner or other authorized person would 
have in establishing injury based on lost busi- 
ness, lost productivity due to health injuries 
caused by tobacco smoke, and other costs arising 
because of the health problems created by smok- 
ing. 

(b) Any person who violates or refuses to 
comply with the provisions of this Article shall be 
liable for a civil penalty, not to exceed $500 for 
each day such violation is committed or permit- 
ted to continue, which penalty shall 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. Any penalty assessed and 
recovered in a civil action brought pursuant to 
this Section shall be paid to the Treasurer of the 
City and County of San Francisco. 

(c) In addition to any other penalty or pro- 
vision regarding enforcement set forth in this 
Article, any violation of the prohibition set forth 
in this article is a misdemeanor punishable by a 
fine not to exceed $250 for a first violation, $350 
for a second violation within one year, and $600 
for a third and for each subsequent violation 
within one year. (Added by Ord. 249-94, App. 
7/7/94) 



to promote the general welfare. It is not assum- 
ing, nor is it imposing on its officers and employ- 
ees, an obligation for breach of which it is liable 
in money damages to any person who claims that 
such breach proximately caused injury. (Added 
by Ord. 249-94, App. 7/7/94) 

SEC. 1009.27. RELATIONSHIP TO 
OTHER SMOKING RESTRICTIONS. 

The provisions of this Article 19F are in- 
tended to supersede the smoking regulations set 
forth in Articles 19A, 19B, 19C and 19E. The 
provisions of Articles 19A, 19B, 19C and 19E are 
hereby suspended. Notwithstanding the above, if 
the provisions of this Article 19F are determined 
invalid in whole or substantial part for any 
reason, the provisions of Article 19A, 19B, 19C 
and 19E shall no longer be suspended and shall 
become immediately operative. Articles 19A, 19B, 
19C, and 19E encompass Sections 1006, 1006.1, 
1006.2, 1006.3, 1006.4, 1006.5, 1007, 1007.1, 
1007.2, 1007.3, 1007.4, 1007.5, 1008, 1008.1, 
1008.2, 1008.3, 1008.4, 1008.5, 1008.6, 1008.7, 
1008.8, 1009.5, 1009.6, 1009.7, 1009.8, 1009.9, 
and 1009.10. The Clerk of the Board shall cause 
to be printed appropriate notations in the Health 
Code indicating that the provisions of Articles 
19A, 19B, 19C and 19E are suspended, unless 
and until such time that these provisions become 
operative again. (Added by Ord. 249-94, App. 
7/7/94) 



SEC. 1009.26. DISCLAIMERS. 

In adopting and undertaking the enforce- 
ment of this ordinance, the City and County of 
San Francisco is assuming an undertaking only 



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[INTENTIONALLY LEFT BLANK] 



Supp. No. 1, September 2006 



ARTICLE 19G: ENFORCEMENT OF SMOKING PROHIBITIONS 



Sec. 1009.40. Authority. 

SEC. 1009.40. AUTHORITY. 

(a) Authority. The provisions of Labor Code 
Section 6404.5, governing smoking in enclosed 
places of employment, shall be enforced by peace 
officers employed by the San Francisco Police 
Department and by employees of the Depart- 
ment of Public Health designated by the Director 
of Public Health; provided, however, that employ- 
ees designated by the Director of Public Health 
with the authority to enforce Labor Code Section 
6404.5 may only issue citations to employers and 
not to patrons, customers, consumers or other 
guests. 

(b) Department of Public Health Em- 
ployees as Public Officers. In the perfor- 
mance of their duties of monitoring and enforc- 
ing compliance with the provisions of Labor Code 
Section 6404.5, all persons authorized by the 
Director of Public Health to engage in such 
enforcement activities shall have the power, au- 
thority and immunity of a public officer and 
employee as set forth in California Penal Code 
Section 836.5, and to make arrests without a 
warrant whenever such employees have reason- 
able cause to believe that a violation of Labor 
Code Section 6404.5 has taken place in their 
presence. In any case in which a person is 
arrested pursuant to this authority and the 
person does not demand to be taken before a 
magistrate, the public officer or employee mak- 
ing the arrest shall prepare a written notice to 
appear and shall release the person on their 
promise to appear as prescribed by Chapter 5C 
(commencing with Section 853.6) of the Califor- 
nia Penal Code. 

The Director of Public Health, in coordina- 
tion with the Chief of Police, shall establish and 
cause to be administered an enforcement train- 
ing program designed to instruct each employee 
so authorized by this Section to exercise arrest 
and citation authority. Such training shall in- 



clude guidance and instruction regarding the 
evidentiary prerequisites to proper prosecution 
of violations thereof; the appropriate procedures 
for making arrests or otherwise prudently exer- 
cising such arrest and citation authority; and the 
legal and practical ramifications and limitations 
relevant to exercising enforcement authority. 
(Added by Ord. 181-95, App. 6/2/95) 



603 



Sec. 1009.40. San Francisco - Health Code 604 



[The next page is 609] 



ARTICLE 19H: PERMITS FOR THE SALE OF TOBACCO 



Sec. 1009.50. 

Sec. 1009.51. 

Sec. 1009.52. 

Sec. 1009.53. 



Sec. 1009.54. 

Sec. 1009.55. 

Sec. 1009.56. 

Sec. 1009.57. 



Sec. 1009.58. 



Sec. 1009.59. 



Sec. 1009.61. 



Sec. 1009.62. 



Sec. 1009.63. 

Sec. 1009.64. 

Sec. 1009.65. 

Sec. 1009.66. 

Sec. 1009.67. 



Findings. 

Definitions. 

Requirement for Tobacco Sales 

Permit. 

Application Procedure: 

Inspection of Premises; Issuance 

and Display of Permit. 

Fees for Permit. 

Permit may not be Transferred 

to New Persons or Locations. 

Enforcement and Inspection. 

Conduct Violating San 

Francisco Health Code Section 

1009.1 (Regulating Cigarette 

Vending Machines). 

Conduct Violating San 

Francisco Police Code Section 

4600.3 (Regulating the 

Self-Service Merchandising of 

Tobacco Products). 

Conduct Violating San 

Francisco Health Code Section 

1009.22 (Prohibiting Smoking in 

Enclosed Areas and Sports 

Stadiums). 

Conduct Violating California 

Penal Code Section 308 

(prohibiting the Sale of Tobacco 

to Minors). 

Conduct Violating California 

Labor Code Section 6404.5 

(Prohibiting Smoking in 

Enclosed Places of 

Employment). 

Fraudulent Permit Applications. 

Selling Tobacco without a 

Permit. 

Other Enforcement. 

Time Period of Suspension of 

Permit. 

Administrative Penalty. 



Sec. 1009.68. Notice of Correction. 

Sec. 1009.69. Notice of Initial Determination. 

Sec. 1009.71. Payment of Administrative 

Penalties. 
Sec. 1009.72. Appeals to Board of Appeals. 
Sec. 1009.73, Other Remedies. 

Sec. 1009.74. Authority to Adopt Rules and 
Regulations. 

Sec. 1009.75. City Undertaking Limited to 
Promotion of the General 
Welfare. 

Sec. 1009.76. Preemption. 

Sec. 1009.77. Severability. 

SEC. 1009.50. FINDINGS. 

The Board of Supervisors of the City and 
County of San Francisco hereby finds and de- 
clares as follows: 

A. State law prohibits the sale or furnishing 
of cigarettes, tobacco products and smoking para- 
phernalia to minors, as well as the purchase, 
receipt, or possession of tobacco products by 
minors. (California Penal Code section 308.) State 
law also prohibits public school students from 
smoking or using tobacco products while on 
campus, attending school-sponsored activities, 
or under the supervision or control of school 
district employees. (California Education Code 
section 48901(a).) In addition, state law prohib- 
its smoking in enclosed places of employment 
(California Labor Code section 6404.5). More- 
over, San Francisco has adopted ordinances that 
ban cigarette vending machines in the City (San 
Francisco Health Code section 1009.1), prohibit 
the self-service merchandising of tobacco prod- 
ucts, except in places to which access by minors 
is prohibited by law (San Francisco Police Code 
section 4600.3), and prohibit smoking in en- 
closed areas and sports stadiums (San Francisco 
Health Code section 1009.22). 

B. Despite these state and local restric- 
tions, minors continue to obtain cigarettes and 
other tobacco products at alarming rates. Chil- 



609 



Sec. 1009.50. 



San Francisco - Health Code 



610 



dren under the age of 18 consume 924 million 
packs of cigarettes annually in the United States. 
Over 29 million packs of cigarettes are sold to 
California children annually. More than 60 per- 
cent of all smokers begin smoking by the age of 
14, and 90 percent begin by age 19. 

C. In a 2002 California youth buying sur- 
vey, 19.3 percent of retailers surveyed unlaw- 
fully sold tobacco products to minors compared 
to 17.1 percent in 2001. 

D. California's rate of illegal tobacco sales 
to minors is steadily increasing. In 2002 the rate 
was 19.3 percent, up from 17.1 percent in 2001, 
and 12.8 percent in 2000. 

E. The California Department of Health 
Services reports that 26.7 percent of California 
adolescents believe it is easy to buy a pack of 
cigarettes. 

F. Despite active enforcement by the San 
Francisco Police Department, a significant num- 
ber of retailers continue to sell tobacco illegally 
to minors. The rate of illegal tobacco sales docu- 
mented by the Police Department during 2001 
was 25.3 percent and 20.2 percent in 2002. 

G. In a youth decoy operation conducted by 
the Police Department, 50 percent of the 12 bars 
visited illegally sold tobacco to a minor. 

H. San Francisco has a substantial interest 
in promoting compliance with State laws prohib- 
iting sales of cigarettes and tobacco products to 
minors, in promoting compliance with laws in- 
tended to discourage the purchase of tobacco 
products by minors, and in protecting our chil- 
dren from illegally obtained tobacco. 

I. Requiring tobacco vendors to obtain a 
tobacco sales permit will not unduly burden 
legitimate business activities of retailers who 
sell or distribute cigarettes or other tobacco 
products to adults. It will, however, allow the 
City to regulate those establishments selling 
tobacco products to ensure that they comply with 
federal, state, and local tobacco laws. 

J. This Article is designed to promote the 
public interest in ensuring that San Francisco 
businesses operate in compliance with appli- 
cable laws regulating tobacco, including laws 



prohibiting the sale of tobacco to minors and 
laws regulating smoking. (Added by Ord. 254-03, 
File No. 030869, App. 11/7/2003) 

SEC. 1009.51. DEFINITIONS. 

The following words and phrases, whenever 
used in this Article, shall be construed as defined 
in this section. Words in the singular include the 
plural and words in the plural include the sin- 
gular. Words in the present tense include the 
future. 

(a) "Department" means the Department of 
Public Health. 

(b) "Director" means the Director of Health 
or his or her designee. 

(c) "Establishment" means any store, stand, 
booth, concession or any other enterprise that 
engages in the retail sale of tobacco products. 

(d) "Permittee" means a person who has 
obtained a tobacco sales permit for a specific 
location pursuant to this Article. 

(e) "Person" means any individual, partner- 
ship, cooperative association, private corpora- 
tion, personal representative, receiver, trustee, 
assignee, or any other legal entity. 

(f) "Tobacco products" means tobacco and 
any substance containing tobacco leaf, including 
but not limited to cigarettes, cigars, pipe tobacco, 
snuff, chewing tobacco, dipping tobacco, or any 
other preparation of tobacco, including the ciga- 
rettes commonly known as bidis. 

(g) "Tobacco sales" means sales, or any offer 
to sell or exchange, for any form of consideration, 
tobacco products to any person by any person 
who operates an establishment. "Tobacco sales" 
includes any display of tobacco products. (Added 
by Ord. 254-03, File No. 030869, App. 11/7/2003) 

SEC. 1009.52. REQUIREMENT FOR 
TOBACCO SALES PERMIT. 

It shall be unlawful for any person to engage 
in tobacco sales, or to allow tobacco sales, in any 
establishment without first obtaining and main- 
taining a valid tobacco sales permit from the 
Department for each location where tobacco sales 
are conducted. Nothing in this Article shall be 
construed to grant any person obtaining and 



611 



Permits for the Sale of Tobacco 



Sec. 1009.55. 



maintaining a tobacco sales permit any status or 
right other than the right to act as a tobacco 
retailer at the location identified on the face of 
the permit. The obtaining of a permit does not in 
and of itself transform a business into a retail 
tobacco or wholesale shop within the meaning of 
California Labor Code section 6404.5. It shall be 
unlawful for any person to engage in tobacco 
sales, or to allow tobacco sales, at an establish- 
ment for which the Director has suspended the 
tobacco sales while the period of suspension 
remains in effect. It shall be unlawful for any 
person to engage in or allow tobacco sales at an 
establishment for which the Director has re- 
voked the tobacco sales permit for three years 
from the date of revocation. Permits are valid as 
long as the annual license fees are paid. (Added 
by Ord. 254-03, File No. 030869, App. 11/7/2003) 

SEC. 1009.53. APPLICATION 
PROCEDURE: INSPECTION OF 
PREMISES; ISSUANCE AND DISPLAY OF 
PERMIT. 

(a) Application. An application for a to- 
bacco sales permit shall be submitted in the 
name of the person(s) proposing to engage in the 
sale of tobacco products and shall be signed by 
each person or an authorized agent thereof. The 
application shall be accompanied by the appro- 
priate fees as described in section 35 of the San 
Francisco Business and Tax Regulations Code. A 
separate application is required for each location 
where tobacco sales are to be conducted. All 
applications shall be submitted on a form sup- 
plied by the Department and shall contain the 
following information: 

1. The name, address, and telephone num- 
ber of the applicant; 

2. The establishment name, address, and 
telephone number for each location for which a 
tobacco sales permit is sought; 

3. Such other information as the Director 
deems appropriate, including the applicant's type 
of business, and whether the applicant has pre- 
viously been issued a permit under this Article 
that is, or was at any time, suspended or re- 
voked. 



(b) Inspection by Director. Upon receipt 
of a completed application and fees, the Director 
may inspect the location at which tobacco sales 
are to be permitted. The Director may also ask 
the applicant to provide additional information 
that is reasonably related to the determination 
whether a permit may issue. 

(c) Issuance of Permit. If the Director is 
satisfied that the applicant has met the require- 
ments of this Article and that issuance of the 
permit will not violate any law, the Department 
shall issue the permit. No permit shall issue if 
the Director finds that the applicant is in viola- 
tion of San Francisco Health Code section 1009.1 
(regulating cigarette vending machines)or San 
Francisco Police Code section 4600.3 (regulating 
the self-service merchandising of tobacco prod- 
ucts). No permit shall issue if the application is 
incomplete or inaccurate. 

(d) Display of Permit. Each permittee shall 
display the permit prominently at each location 
where tobacco sales occur. No permit that has 
been suspended shall be displayed during the 
period of suspension. A permit that has been 
revoked is void and may not be displayed. (Added 
by Ord. 254-03, File No. 030869, App. 11/7/2003) 

SEC. 1009.54. FEES FOR PERMIT. 

The Department shall charge every applicant 
for a tobacco sales permit a non-refundable ap- 
plication fee for the initial inspection and pro- 
cessing of the application and an annual license 
fee sufficient to cover the costs of annual inspec- 
tions, as determined by the Director. The appli- 
cation and processing fee shall be $50 and is 
otherwise governed by section 35 of the San 
Francisco Business and Tax Regulations Code. 
The annual fee is listed in section 249.16 of the 
San Francisco Business and Tax Regulations 
Code. (Added by Ord. 254-03, File No. 030869, 
App. 11/7/2003) 

SEC. 1009.55. PERMIT MAY NOT BE 
TRANSFERRED TO NEW PERSONS OR 
LOCATIONS. 

As described in section 77 of the San Fran- 
cisco Business and Tax Regulations Code, to- 



Sec. 1009.55. 



San Francisco - Health Code 



612 



bacco permits may not be transferred or as- 
signed. (Added by Ord. 254-03, File No. 030869, 
App. 11/7/2003) 

SEC. 1009.56. ENFORCEMENT AND 
INSPECTION. 

The Director may enforce all provisions of 
this Article. Specific grounds for enforcement are 
set forth in sections 1009.57 through 1009.65. 
Upon presentation of proper credentials, the 
Director may enter and inspect at any time 
during regular business hours any establish- 
ment that is engaging in tobacco sales, or is 
suspected by the Director of engaging in such 
sales. (Added by Ord. 254-03, File No. 030869, 
App. 11/7/2003) 

SEC. 1009.57. CONDUCT VIOLATING 
SAN FRANCISCO HEALTH CODE 
SECTION 1009.1 (REGULATING 
CIGARETTE VENDING MACHINES). 

(a) Upon a decision by the Director that the 
permittee or the permittee's agent or employee 
has engaged in any conduct that violates San 
Francisco Health Code section 1009.1 (regulat- 
ing cigarette vending machines), the Director 
may suspend a tobacco sales permit as set forth 
in section 1009.66, impose administrative penal- 
ties as set forth in section 1009.67, or both 
suspend the permit and impose administrative 
penalties. 

(b) The Director shall commence enforce- 
ment of this section by serving either a notice of 
correction under section 1009.68 of this Article or 
a notice of initial determination under section 
1009.69 of this Article. (Added by Ord. 254-03, 
File No. 030869, App. 11/7/2003) 

SEC. 1009.58. CONDUCT VIOLATING 
SAN FRANCISCO POLICE CODE 
SECTION 4600.3 (REGULATING THE 
SELF-SERVICE MERCHANDISING OF 
TOBACCO PRODUCTS). 

(a) Upon a decision by the Director that the 
permittee or the permittee's agent or employee 
has engaged in any conduct that violates San 
Francisco Police Code section 4600.3 (regulating 
the self-service merchandising of tobacco prod- 



ucts), the Director may suspend a tobacco sales 
permit as set forth in section 1009.66, impose 
administrative penalties as set forth in section 
1009.67, or both suspend the permit and impose 
administrative penalties. 

(b) The Director shall commence enforce- 
ment of this section by serving either a notice of 
correction under section 1009.68 of this Article or 
a notice of initial determination under section 
1009.69 of this Article. (Added by Ord. 254-03, 
File No. 030869, App. 11/7/2003) 

SEC. 1009.59. CONDUCT VIOLATING 
SAN FRANCISCO HEALTH CODE 
SECTION 1009.22 (PROHIBITING 
SMOKING IN ENCLOSED AREAS AND 
SPORTS STADIUMS). 

(a) Upon a decision by the Director that the 
permittee or the permittee's agent or employee 
has engaged in any conduct that violates San 
Francisco Health Code section 1009.22 (prohib- 
iting smoking in enclosed areas and sports sta- 
diums), the Director may suspend a tobacco sales 
permit as set forth in section 1009.66, impose 
administrative penalties as set forth in section 
1009.67, or both suspend the permit and impose 
administrative penalties. 

(b) The Director shall commence enforce- 
ment of this section by serving either a notice of 
correction under section 1009.68 of this Article or 
a notice of initial determination under section 
1009.69 of this Article. (Added by Ord. 254-03, 
File No. 030869, App. 11/7/2003) 

SEC. 1009.61. CONDUCT VIOLATING 
CALIFORNIA PENAL CODE SECTION 308 
(PROHIBITING THE SALE OF TOBACCO 
TO MINORS). 

(a) Upon a decision by the Director that the 
permittee or the permittee's agent or employee 
has engaged in any conduct that violates Cali- 
fornia Penal Code section 308 (prohibiting the 
sale of tobacco to minors), the Director may 
suspend a tobacco sales permit as set forth in 
section 1009.66. 



613 



Permits for the Sale of Tobacco 



Sec. 1009.64. 



(b) The Director shall commence enforce- 
ment of this section by serving a notice of initial 
determination in accordance with section 1009.69 
of this Article. (Added by Ord. 254-03, File No. 
030869, App. 11/7/2003) 

SEC. 1009.62. CONDUCT VIOLATING 
CALIFORNIA LABOR CODE SECTION 
6404.5 (PROHIBITING SMOKING IN 
ENCLOSED PLACES OF EMPLOYMENT). 

(a) Upon a decision by the Director that the 
permittee or the permittee's agent or employee 
has engaged in any conduct that violates Cali- 
fornia Labor Code section 6404.5 (prohibiting 
smoking in enclosed places of employment), the 
Director may suspend a tobacco sales permit as 
set forth in section 1009.66. 

(b) The Director shall commence enforce- 
ment of this section by serving a notice of initial 
determination in accordance with section 1009.69 
of this Article. (Added by Ord. 254-03, File No. 
030869, App. 11/7/2003) 

SEC. 1009.63. FRAUDULENT PERMIT 
APPLICATIONS. 

(a) Upon a decision by the Director that the 
permittee or the permittee's agent or employee 
has obtained a tobacco sales permit from the 
Department by fraudulent or willful misrepre- 
sentation, the Director may suspend a tobacco 
sales permit as set forth in section 1009.66. 

(b) Upon a final decision by the Director 
that the permittee or the permittee's agent or 
employee has obtained a tobacco sales permit 
from the Department by fraudulent or willful 
misrepresentation, the Director may impose ad- 
ministrative penalties as set forth in section 
1009.67. 

(c) Upon a final decision by the Director 
that the permittee or the permittee's agent or 
employee has obtained a tobacco sales permit 
from the Department by fraudulent or willful 
misrepresentation, the Director may revoke a 
tobacco sales permit. 

(d) Upon a final decision by the Director 
that the permittee or the permittee's agent or 
employee has obtained a tobacco sales permit 



from the Department by fraudulent or willful 
misrepresentation, the Director may impose ad- 
ministrative penalties in addition to either sus- 
pending or revoking the tobacco sales permit. 

(e) The Director shall commence enforce- 
ment of this section by serving a notice of initial 
determination in accordance with section 1009.69 
of this Article. 

(f) Any person who obtained a permit by 
fraud or misrepresentation may be prosecuted 
for either an infraction or a misdemeanor pun- 
ishable by a fine not to exceed one hundred 
dollars ($100) for a first violation, two hundred 
dollars ($200) for a second violation within one 
year, and five hundred dollars ($500) for a third 
and for each subsequent violation within one 
year. (Added by Ord. 254-03, File No. 030869, 
App. 11/7/2003) 

SEC. 1009.64. SELLING TOBACCO 
WITHOUT A PERMIT. 

(a) Upon a final decision by the Director 
that any person has engaged in the sale of 
tobacco at any establishment without a permit, 
the Director may impose administrative penal- 
ties as set forth in section 1009.67. Persons with 
a permit application pending under section 
1009.53 may sell tobacco without violating sec- 
tion 1009.64 until and unless their permit appli- 
cation is rejected by the Director. 

(b) The Director shall commence enforce- 
ment of this section by serving a notice of initial 
determination in accordance with section 1009.69 
of this Article. This Notice of Initial Determina- 
tion may require that all tobacco sales cease and 
may impose an administrative penalty. 

(c) The City Attorney may maintain an ac- 
tion for injunction to restrain any person from 
selling tobacco without a valid tobacco sales 
permit. In any such action, the City Attorney 
may seek civil penalties and may seek a judicial 
determination that a person must pay any ad- 
ministrative penalties. The person against whom 
an injunction issues also shall be liable for the 
costs and attorney's fees incurred by the City 
and County of San Francisco in bringing a civil 
action to enforce the provisions of this section. 



Sec. 1009.64. 



San Francisco - Health Code 



614 



(d) Any person who engages in tobacco sales 
without the required permit may be prosecuted 
for either an infraction or a misdemeanor pun- 
ishable by a fine not to exceed one hundred 
dollars ($100) for a first violation, two hundred 
dollars ($200) for a second violation within one 
year, and five hundred dollars ($500) for a third 
and for each subsequent violation within one 
year. (Added by Ord. 254-03, File No. 030869, 
App. 11/7/2003) 

SEC. 1009.65. OTHER ENFORCEMENT. 

(a) Violations of this Article are hereby de- 
clared to be public nuisances and may be en- 
forced as set forth in section 596 of the San 
Francisco Health Code. 

(b) Violations of this Article are hereby de- 
clared to be unfair business practices and are 
presumed to damage each and every resident of 
the community in which the business operates. 

(c) In addition to other remedies provided 
by this Article or by other law, any violation of 
this ordinance may be remedied by a civil action 
brought by the City Attorney, including, for ex- 
ample, administrative or judicial abatement pro- 
ceedings, civil or criminal code enforcement pro- 
ceedings, and suits for injunctive relief. The 
person against whom a successful civil action is 
brought shall be liable for the costs and attorney's 
fees incurred by the City and County of San 
Francisco. (Added by Ord. 254-03, File No. 030869, 
App. 11/7/2003) 

SEC. 1009.66. TIME PERIOD OF 
SUSPENSION OF PERMIT. 

When this Article allows the Director to sus- 
pend a permit, the following sanctions may be 
imposed: 

(a) The Director may suspend the permit 
for a maximum of 90 days for the first violation. 

(b) If a second violation occurs within twelve 
months of the first violation, the Director may 
suspend the permit for a maximum of six months. 

(c) Upon the third, and each subsequent 
violation, if within twelve months of the prior 
violation, the Director may suspend the permit 
for a maximum of one year. 



(d) Each suspension is an independent sanc- 
tion and is served consecutively. (Added by Ord. 
254-03, File No. 030869, App. 11/7/2003) 

SEC. 1009.67. ADMINISTRATIVE 
PENALTY. 

When this Article allows the Director to im- 
pose an administrative penalty, the Director may 
assess an administrative penalty not exceeding 
one hundred dollars ($100) for a first violation; 
not exceeding two hundred dollars ($200) for a 
second violation; and not exceeding five hundred 
dollars ($500) for the third and each subsequent 
violation. For purposes of administrative penal- 
ties, each day that tobacco sales occur without a 
permit shall constitute a separate violation. (Added 
by Ord. 254-03, File No. 030869, App. 11/7/2003) 

SEC. 1009.68. NOTICE OF 
CORRECTION. 

When the Director commences an enforce- 
ment action with a notice of correction, the 
Director shall serve the notice on the permittee 
or the permittee's agent. The notice shall state 
that the Department has determined that a 
violation may have occurred and that reasonable 
grounds exist to support this determination. The 
notice may require corrective action immediately 
or upon a schedule required by the Director. The 
Director may require the permittee to post the 
notice of correction at the location where the 
Department alleges that violations have oc- 
curred. If the permittee fails to obey a notice of 
correction, the Director may serve a notice of 
initial determination in accordance with section 
1009.69 of this Article. (Added by Ord. 254-03, 
File No. 030869, App. 11/7/2003) 

SEC. 1009.69. NOTICE OF INITIAL 
DETERMINATION. 

When the Director sends a notice of initial 
determination, the Director shall serve the no- 
tice on the permittee or the permittee's agent. 
The Notice of Initial Determination may require 
that all tobacco sales cease. The notice shall 
state the basis for the Department's initial de- 
termination, including the alleged acts or fail- 
ures to act that constitute a basis for suspension, 



615 



Permits for the Sale of Tobacco 



Sec. 1009.76. 



revocation, and/or an administrative penalty as 
provided in this Article. After affording the per- 
mittee an opportunity to provide information 
contesting the initial determination, the Director 
shall issue a decision, including an order impos- 
ing an administrative penalty, if any. Copies of 
this decision and related order(s) shall be served 
upon the party served with the notice of initial 
determination. If no notice of appeal of the 
Director's decision is filed within the appropriate 
period, the decision shall be deemed final and 
shall be effective 15 days after it was issued. 
(Added by Ord. 254-03, File No. 030869, App. 
11/7/2003) 

SEC. 1009.71. PAYMENT OF 
ADMINISTRATIVE PENALTIES. 

Unless a timely notice of appeal of the 
Department's final decision is filed, the Depart- 
ment may require payment of any administra- 
tive penalty within 30 days of the Director's 
decision. The Department shall make a written 
demand for payment by personal delivery or 
certified mailed notice to the person sanctioned. 
Any administrative penalty assessed and re- 
ceived in an action brought under this Article 
shall be paid to the Treasurer of the City and 
County of San Francisco. The person against 
whom an administrative penalty is imposed also 
shall be liable for the costs and attorney's fees 
incurred by the City and County of San Fran- 
cisco in bringing any civil action to enforce the 
provisions of this section, including obtaining a 
court order requiring payment of the administra- 
tive penalty. (Added by Ord. 254-03, File No. 
030869, App. 11/7/2003) 

SEC. 1009.72. APPEALS TO BOARD OF 
APPEALS. 

(a) Right of Appeal. The final decision of 
the Director to deny, suspend, or revoke a per- 
mit, or to impose administrative sanctions, as 
provided in this Article, may be appealed to the 
Board of Appeals in the manner prescribed in 
Article I of the San Francisco Business and Tax 
Regulations Code. An appeal shall stay the ac- 
tion of the Director. 



(b) Hearing. The procedure and require- 
ments governing an appeal to the Board of Ap- 
peals shall be as specified in Article I of the San 
Francisco Business and Tax Regulations Code. 
(Added by Ord. 254-03, File No. 030869, App. 
11/7/2003) 

SEC. 1009.73. OTHER REMEDIES. 

Nothing in this Article shall affect any other 
remedies which are available to the City and 
County under any law, including (1) San Fran- 
cisco Health Code section 1009.1 (regulating 
cigarette vending machines); (2) San Francisco 
Police Code section 4600.3 (regulating the self- 
service merchandising of tobacco products); (3) 
San Francisco Health Code section 1009.22 (pro- 
hibiting smoking in enclosed areas and sports 
stadiums); (4) California Penal Code section 308 
(regulating sales of tobacco products to minors), 
and (5) California Labor Code section 6404.5 
(prohibiting smoking in enclosed places of em- 
ployment). (Added by Ord. 254-03, File No. 030869, 
App. 11/7/2003) 

SEC. 1009.74. AUTHORITY TO ADOPT 
RULES AND REGULATIONS. 

The Director may issue and amend rules, 
regulations, standards, guidelines, or conditions 
to implement and enforce this Article. (Added by 
Ord. 254-03, File No. 030869, App. 11/7/2003) 

SEC. 1009.75. CITY UNDERTAKING 
LIMITED TO PROMOTION OF THE 
GENERAL WELFARE. 

In undertaking the enforcement of this ordi- 
nance, the City is assuming an undertaking only 
to promote the general welfare. It is not assum- 
ing, nor is it imposing on its officers and employ- 
ees, an obligation for breach of which it is liable 
in money damages to any person who claims that 
such breach proximately caused injury. (Added 
by Ord. 254-03, File No. 030869, App. 11/7/2003) 

SEC. 1009.76. PREEMPTION. 

In adopting this Article, the Board of Super- 
visors does not intend to regulate or affect the 
rights or authority of the State to do those things 
that are required, directed or expressly autho- 



Sec. 1009.76. San Francisco - Health Code 616 

rized by federal or state law. Further, in adopting 
this Article, the Board of Supervisors does not 
intend to prohibit that which is prohibited by 
federal or state law. (Added by Ord. 254-03, File 
No. 030869, App. 11/7/2003) 

SEC. 1009.77. SEVERABILITY. 

In the event that a court or agency of compe- 
tent jurisdiction holds that federal or state law, 
rule or regulation invalidates any clause, sen- 
tence, paragraph or section of this Article or the 
application thereof to any person or circum- 
stances, it is the intent of the Board of Supervi- 
sors that the court or agency sever such clause, 
sentence, paragraph or section so that the re- 
mainder of this Article shall remain in effect. 
(Added by Ord. 254-03, File No. 030869, App. 
11/7/2003) 



[The next page is 621] 



ARTICLE 191: PROHIBITING SMOKING IN CITY PARK AND RECREATIONAL AREAS 



Sec. 1009.80. Definitions. 

Sec. 1009.81. Prohibiting Smoking in City 

Park and Recreational Areas. 
Sec. 1009.82. Violations, Penalties and 

Enforcement. 
Sec. 1009.83. Disclaimers. 

SEC. 1009.80. DEFINITIONS. 

For purpose of this Article, "smoking" or "to 
smoke" means and includes inhaling, exhaling, 
burning or carrying any lighted smoking equip- 
ment for tobacco or any other weed or plant. 
(Added by Ord. 28-05, File No. 041307, App. 
2/4/2005) 

SEC. 1009.81. PROHIBITING SMOKING 
IN CITY PARK AND RECREATIONAL 
AREAS. 

(a) Smoking is prohibited on any unen- 
closed area of property in the City and County of 
San Francisco that is open to the public and 
under the jurisdiction of the Recreation and 
Park Commission or any other City department 
if the property is a park, square, garden, sport or 
playing field, pier, or other property used for 
recreational purposes. 

(b) Nothing in this Section is intended to 
change the provisions of Health Code Section 
1009.22(b) regulating smoking in sport stadi- 
ums. 

(c) Each City department with jurisdiction 
over property subject to this Article shall post 
signs in appropriate locations to provide public 
notice that smoking is prohibited. 

(d) The provisions of this Article do not 
apply in any circumstance where federal or state 
law regulates smoking if the federal or state law 
preempts local regulation or if the federal or 
state law is more restrictive. 

(e) The provisions of this Article do not 
apply to playgrounds or tot lot sandbox areas, in 
and around which smoking is prohibited by Cali- 
fornia Health and Safety Code Section 104495. 



(f) The provisions of this Article do not 
apply to piers primarily used for commercial 
purposes. 

(g) [Reserved.] (Added by Ord. 28-05, File 
No. 041307, App. 2/4/2005; Ord. 110-06, File No. 
060393, App. 5/19/2006) 

SEC. 1009.82. VIOLATIONS, PENALTIES 
AND ENFORCEMENT. 

Any person who violates this Article is guilty 
of an infraction and shall be punished by a fine 
not exceeding one hundred dollars ($100) for a 
first violation, two hundred dollars ($200) for a 
second violation of this Article within a year of a 
first violation, and five hundred dollars ($500) 
for each additional violation of this Article within 
a year of a first violation. Any peace officer, and 
pursuant to California Penal Code, Title 3, Sec- 
tion 836.5 any Park Patrol Officer (Classification 
No. 8208) and Supervisor Park Patrol (Classifi- 
cation No. 8210), shall have the authority to 
enforce the provisions of this Article. Punish- 
ment under this Article shall not preclude pun- 
ishment pursuant to any provision of law pro- 
scribing the act of littering. (Added by Ord. 
28-05, File No. 041307, App. 2/4/2005) 

SEC. 1009.83. DISCLAIMERS. 

In adopting and undertaking the enforce- 
ment of this Article, 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. (Added 
by Ord. 28-05, File No. 041307, App. 2/4/2005) 



[The next page is 635] 



621 



Supp. No. 1, September 2006 



[INTENTIONALLY LEFT BLANK] 



Supp. No. 1, September 2006 



ARTICLE 20: ALKYL NITRITES 



Sec. 1010. 
Sec. 1011. 
Sec. 1012. 



Sec. 1013. 

Sec. 1013.1. 

Sec. 1014. 

Sec. 1015. 

Sec. 1016. 



Purpose and Findings. 

Definitions. 

Sale and Display of Alkyl 

Nitrite Products to Minors 

Prohibited. 

Warning Required at Point of 

Sale. 

Exemption. 

Use Prohibited in Public Places. 

Misdemeanor Penalty. 

Severability. 



SEC. 1010. PURPOSE AND FINDINGS. 

The Board of Supervisors hereby finds: 

(a) Alkyl nitrite products are held out for 
retail sale as "room odorizers" or room incenses, 
but purchasers commonly use them as inhalants 
to induce certain physical responses. 

(b) The Federal Food, Drug and Cosmetic 
Act, enforced by the Federal Food and Drug 
Administration (FDA), regulates the manufac- 
ture and sale of, inter alia, drugs and devices 
intended to affect the structure or any function of 
the human body. The FDA does not regulate 
room odorizers since they purportedly function 
as a general air incense and are not intended to 
affect the structure or any function of the human 
body. The Sherman Food, Drug and Cosmetic 
Law of California is based on the federal act and 
also does not regulate room odorizers containing 
alkyl nitrites. Therefore, these room odorizers 
are not currently subject to regulation by federal, 
state or local drug control agencies. 

(c) The manufacturers and distributors are 
advertising alkyl nitrite products as safe, thus 
causing users of such products to believe that 
they can be inhaled without any harmful effects. 
These representations are contrary to the opin- 
ion of the United States Consumer Product Safety 
Commission which has issued regulations requir- 
ing that consumer products containing alkyl 
nitrites be labeled to caution against inhaling, 



since the substance may be harmful to a person's 
health, and to statements by the FDA and the 
Center for Disease Control warning about pos- 
sible adverse effects from ingesting or inhaling 
alkyl nitrites. 

(d) The proliferation of the display of alkyl 
nitrite products in retail stores within the City 
and County of San Francisco, and the distribu- 
tion of such products without proper warnings, 
exacerbates problems attending the abuse of 
alkyl nitrite products within this community. 

(e) The problems caused by inhaling alkyl 
nitrites are as yet not completely understood, 
but there are indications that they may be car- 
cinogenic and also may impair the immune sys- 
tem. Hence steps must be taken to stop the 
encouragement of the abuse of alkyl nitrite prod- 
ucts as inhalants fostered by their unregulated 
display and sale. 

(f) The Bureau of Communicable Disease 
Control of the Department of Public Health has 
prepared a report on the medical aspects of 
volatile alkyl nitrites and their relationship with 
AIDS. This report concludes that volatile alkyl 
nitrites are hazardous substances on toxicologic 
grounds alone and that there is epidemiologic 
evidence which associates moderate and heavy 
alkyl nitrite use with the development of Kaposi's 
sarcoma which is one of the principal manifesta- 
tions of AIDS. 

(g) This ordinance is necessary in order to 
discourage the abuse of products containing alkyl 
nitrites within the City and County of San Fran- 
cisco. (Amended by Ord. 200-86, App. 6/6/86) 

SEC. 1011. DEFINITIONS. 

(a) "Alkyl nitrite" means any volatile alkyl 
nitrite compound, including, but not limited to, 
amyl nitrite, butyl nitrite and iso-butyl nitrite. 

(b) "Alkyl nitrite product" means all prod- 
ucts of any kind, sold at retail, containing an 
alkyl nitrite, whether or not such product is 



635 



Sec. 1011. 



San Francisco - Health Code 



636 



intended for use or designed for use in injecting, 
ingesting, inhaling, or otherwise introducing alkyl 
nitrite into the human body. "Alkyl nitrite prod- 
ucts" include, but are not limited to, products 
containing alkyl nitrites and intended for use or 
designed for use as a room odorizer or incense. 

(c) "Business" means a fixed location, 
whether indoors or outdoors, at which merchan- 
dise is offered for sale at retail. 

(d) "Display" means to show to a patron or 
place in a manner so as to be available for 
viewing or inspection by a patron. 

(e) "Patron" means a person who enters a 
business for the purpose of purchasing or view- 
ing as a shopper merchandise offered for sale at 
the business. 

(f) "Person" means a natural person or any 
firm, partnership, association, corporation or co- 
operative association. (Amended by Ord. 200-86, 
App. 6/6/86) 

SEC. 1012. SALE AND DISPLAY OF 
ALKYL NITRITE PRODUCTS TO MINORS 
PROHIBITED. 

(a) No owner, manager, proprietor in charge 
of any room in any place of business selling, or 
displaying for the purpose of sale, any device or 
product containing alkyl nitrites other than pre- 
scription drugs and devices to inhale, ingest or 
inject prescription drugs, may allow or permit 
any person under the age of 18 years to be, 
remain in, enter or visit such room unless such 
minor person is accompanied by one of his or her 
parents, or by his or her legal guardian. 

(b) A person under the age of 18 years may 
not be in, remain in, enter or visit any room in 
any place used for the sale, or displaying for sale, 
of devices or products containing alkyl nitrites, 
other than prescription drugs, unless such per- 
son is accompanied by one of his or her parents, 
or by his or her legal guardian. 

(c) A person may not maintain a display for 
the sale of, or the offering to sell, devices or 
products containing alkyl nitrites, other than 
prescription drugs and devices to inhale, ingest 
or inject prescription drugs, in any place or 
business to which the public is invited unless 



such display is within a separate room or enclo- 
sure to which minors not accompanied by a 
parent or legal guardian are excluded. Each 
entrance to such a room shall have a sign posted 
in reasonably visible and legible words to the 
effect that alkyl nitrite products are being of- 
fered for sale in such a room, and minors, unless 
accompanied by a parent or legal guardian, are 
excluded. (Amended by Ord. 200-86, App. 6/6/86) 

SEC. 1013. WARNING REQUIRED AT 
POINT OF SALE. 

All owners, managers, proprietors in charge 
of any room in any place or business selling, or 
displaying for the purpose of sale, any device or 
product containing alkyl nitrites other than pre- 
scription drugs and devices to inhale, ingest or 
inject prescription drugs, shall post a warning 
sign at eye level, between five and six feet from 
the floor, and adjacent to any alkyl nitrite prod- 
uct offered for sale. Such sign shall be not less 
than eight inches by eleven inches in size and 
shall be printed on a contrasting background and 
in a legible manner conveying the following 
warning: 

"WARNING: These products contain alkyl ni- 
trites ("Poppers"). Inhaling or swallowing alkyl 
nitrite may be harmful to your health. The use 
of alkyl nitrites may affect the immune sys- 
tem. Several studies have suggested that their 
use is associated with the development of 
Kaposi's sarcoma (an AIDS condition)." 

The word "WARNING" shall be in a print of 
84 point height and Helvetica type and the 
remainder of the text in a print of 24 point height 
and in Helvetica medium-face, Futura medium- 
face or Universe 65 type. (Amended by Ord. 
200-86, App. 6/6/86) 

SEC. 1013.1. EXEMPTION. 

Sections 1012 and 1013 shall not apply to any 
of the following: 

(a) Any pharmacist or other authorized per- 
son who sells or furnishes alkyl nitrite products 
described in Section 1011(b) above upon the 
prescription of a physician, dentist, podiatrist or 
veterinarian. 



637 Alkyl Nitrites Sec. 1016. 



(b) Any physician, dentist, podiatrist or vet- 
erinarian who furnishes or prescribes alkyl ni- 
trite products described in Section 1011(b) above 
to his or her patients. 

(c) Any manufacturer, wholesaler or re- 
tailer licensed by the California State Board of 
Pharmacy to sell or transfer alkyl nitrite prod- 
ucts described in Section 1011(b) above. (Amended 
by Ord. 200-86, App. 6/6/86) 

SEC. 1014. USE PROHIBITED IN 
PUBLIC PLACES. 

No person shall use, or cause to be used, an 
alkyl nitrite product in a place of public accom- 
modation or amusement or on public property. 
Any alkyl nitrite product in a place of public 
accommodation or amusement or on public prop- 
erty that is uncapped or otherwise emitting alkyl 
nitrite vapors into the air shall be deemed to be 
in use. (Amended by Ord. 200-86, App. 6/6/86) 

SEC. 1015. MISDEMEANOR PENALTY. 

Any person who violates the provisions of 
this Article is guilty of a misdemeanor. Any 
person convicted of a misdemeanor hereunder is 
punishable by a fine of not more than $500 or by 
imprisonment for a period of not more than six 
months, or by both. A person who violates the 
provisions of Section 1012 is guilty of a separate 
offense for each day, or portion thereof, during 
which the violation continues. A person who 
violates the provisions of Section 1013 is guilty of 
a separate offense for each item of alkyl nitrite 
products which is distributed. (Amended by Ord. 
200-86, App. 6/6/86) 

SEC. 1016. SEVERABILITY. 

If any provision or clause of this Article or the 
application thereof to any person or circum- 
stance is held to be unconstitutional or to be 
otherwise invalid by any court of competent 
jurisdiction, such invalidity shall not affect other 
provisions of the Article, and clauses of this 
Article are declared to be severable. (Amended 
by Ord. 200-86, App. 6/6/86) 



Sec. 1016. San Francisco - Health Code 638 



[The next page is 645] 



ARTICLE 21: HAZARDOUS MATERIALS 



Sec. 


1101. 


Sec. 


1102. 


Sec. 


1103.3 


Sec. 


1104. 



Sec. 1105. 



Sec. 1106. 



DIVISION I 
GENERAL PROVISIONS 

Findings and Purpose. 

Definitions. 

Director to Report. 

Department to Provide Public 

Information. 

Director to Maintain List of 

Materials Regulated. 

Unified Program 

Implementation. 



DIVISION II 
CERTIFICATE OF REGISTRATION 

Sec. 1110. Registration Required. 

Sec. 1110.1. Hazardous Materials Plans and 

Application for Certificate of 

Registration. 
Sec. 1111. Temporary Certificate of 

Registration. 
Sec. 1112. Businesses on Leased or Rented 

Property. 

Review of Applications. 
Contents of Certificate of 
Registration and Posting. 
Terms, Renewals and Transfers. 
Handling of Hazardous 
Materials. 
Sec. 1117. Labeling of Hazardous 

Materials. 

DIVISION III 

UNDERGROUND STORAGE 

TANK PERMITS 

Sec. 1120. Permit to Operate an 

Underground Storage Tank. 

Sec. 1120.1. Application for Permit. 

Sec. 1121. Terms, Renewals and Transfers. 

Sec. 1122. General Registration and 

Permit Provisions, Disclaimer. 



Sec. 


1113. 


Sec. 


1114. 


Sec. 


1115. 


Sec. 


1116. 



Sec. 1123. Contents of Permits and 

Posting. 
Sec. 1124. Determination. 

DIVISION IV 
ENFORCEMENT 

Sec. 1130. Violations. 

Sec. 1131. Emergency Powers. 

Sec. 1132. Authority of the Director. 

Sec. 1133. Enforcement Actions. 

Sec. 1134. Penalties. 

Sec. 1135. Civil Action for Retaliation. 

Sec. 1136. Liens. 

Sec. 1137. Director's Hearings. 

Sec. 1138. Remedies Not Exclusive. 

DIVISION V 
PUBLIC DISCLOSURE 
AND TRADE SECRETS 

Sec. 1140. Maintenance of Files. 

Sec. 1141. Public Disclosure. 

Sec. 1142. Trade Secrets. 

Sec. 1143. Public Notice and Participation 
Procedures For Underground 
Storage Tank Releases. 

DIVISION VI 

UNAUTHORIZED RELEASES 

AND CLOSURES OF ESTABLISHMENTS 

OR UNDERGROUND STORAGE TANKS 

Sec. 1150. Unauthorized Releases of 

Hazardous Materials 

Prohibited. 
Sec. 1151. Reporting Unauthorized Release 

of Hazardous Materials. 
Sec. 1152. Periodic Inspection After 

Unauthorized Release. 
Sec. 1153. Abandoned Establishments or 

Underground Storage Tanks. 



645 



San Francisco - Health Code 



646 



Sec. 1154. Closure of Establishments or 
Underground Storage Tanks. 

Sec. 1155. Obligations of Responsible 
Parties for Closure and 
Cleanup. 

DIVISION VII 
INSPECTIONS AND RECORDS 

Sec. 1160. Inspections by Director of 

Health. 
Sec. 1161. Inspections by Registrant or 

Permittee. 



Sec. 


1161.1. 


Special Inspections. 


Sec. 


1161.2. 


Substituted Inspections. 


Sec. 


1162. 


Maintenance of Records By 
Person or Business. 

DIVISION VIII 
MISCELLANEOUS 


Sec. 


1170. 


Regulations. 


Sec. 


1171. 


Disclaimer of Liability. 


Sec. 


1172. 


Duties are Discretionary. 


Sec. 


1173. 


Conflict with Other Laws. 


Sec. 


1174. 


Severability. 


Sec. 


1175. 


Fees. 


Sec. 


1175.1. 


Delinquent Fees. 


Sec. 


1175.2. 


Refund of Fees. 


Sec. 


1175.3. 


Not Exempted From Paying 
Other Fees. 


Sec. 


1175.4. 


Review of Fees. 


Sec. 


1175.5. 


Determination of Percentage of 
Fees Credited to Other 
Departments. 


Sec. 


1176. 


Hazardous Materials Fee 
Schedule. 



DIVISION I 
GENERAL PROVISIONS 

SEC. 1101. FINDINGS AND PURPOSE. 

(a) Hazardous substances and hazardous 
wastes present in the community may pose acute 
and chronic health hazards to individuals who 
live and work in the City and County of San 
Francisco, and who are exposed to such sub- 



stances as a result of fires, spills, industrial 
accidents, or other types of releases or emissions. 

(b) The people who live and work in the City 
and County of San Francisco have a right and 
need to know of the use and potential hazards of 
hazardous materials in the community in order 
to plan for and respond to potential exposure to 
such materials. 

(c) Information on the location, type, and 
the health risks of hazardous materials used, 
stored, or disposed of in the City and County of 
San Francisco is not now available to firefight- 
ers, health officials, planners, elected officials, 
and residents. 

(d) This information is necessary to enable 
public officials to protect adequately the public 
health, safety and welfare of residents of the City 
and County of San Francisco. 

(e) It is the intent of the Board of Supervi- 
sors of the City and County of San Francisco in 
adopting this Article to recognize the community's 
right to and need for information on the storage, 
use and disposal of hazardous materials in the 
City and to establish a system for the orderly 
provision of such information. 

(f) It is further the intent of the Board of 
Supervisors of the City and County of San Fran- 
cisco that the system of disclosure set forth in 
this Article shall provide the information essen- 
tial to firefighters, health officials, planners, 
elected officials and residents in meeting their 
responsibilities to protect the health, safety and 
welfare of the community and to safeguard life 
and property from the hazards arising from the 
storage, handling and use of hazardous materi- 
als while protecting trade secrets to the extent 
compatible with the protection of the public 
health, safety and welfare. 

(g) It is further the intent of the Board of 
Supervisors of the City and County of San Fran- 
cisco to conform the provisions of this Article to 
California law regulating underground storage 
tanks and hazardous materials release response 
plans as provided in Chapters 6.7 and 6.75 and 
Article 1 of Chapter 6.95 of Division 20 of the 
California Health and Safety Code, which chap- 
ters are incorporated into this Article by refer- 



647 



Hazardous Materials 



Sec. 1102. 



ence, and to provide for additional stricter local 
requirements in accordance with Sections 25299.2 
and 25500 of the California Health and Safety 
Code. 

(h) It is the further intent of the Board of 
Supervisors of the City and County of San Fran- 
cisco to recognize that the San Francisco Depart- 
ment of Public Health, Environmental Health 
Section has been certified by the Secretary of the 
California Environmental Protection Agency as 
a Certified Unified Program Agency as provided 
in Chapter 6.11 of Division 20 of the California 
Health and Safety Code. In accordance with that 
certification, it is the further intent of the Board 
of Supervisors of the City and County of San 
Francisco to conform this Article to provide the 
Department of Public Health with the authority 
necessary to carry out the Department's respon- 
sibilities under Chapter 6.11 of Division 20 of the 
California Health and Safety Code. (Added by 
Ord. 164-92, App. 6/10/92; amended by Ord. 
399-97, App. 10/17/97) 

SEC. 1102. DEFINITIONS. 

In addition to the general definitions appli- 
cable to this Code, whenever used in this Article, 
the following terms shall have the meanings set 
forth below: 

(a) "Business" means an employer, self- 
employed individual, trust, firm, joint stock com- 
pany, corporation including a government corpo- 
ration, partnership, association, city, county, city 
and county, district, the State and any agency, 
department, office, board, commission, or bureau 
of State government, including, but not limited 
to, the campuses of the California Community 
Colleges, the California State University, and 
the University of California, and the federal 
government, to the extent authorized by federal 
law. 

For the purpose of the application of this 
Article to the City and County of San Francisco, 
"business" includes any office or department 
under any elected or appointed official or under 
any board or commission. 

(b) "Certificate of registration" means any 
Hazardous Materials Certificate of Registration, 
including any addenda thereto, and any tempo- 
rary certificate of registration issued pursuant to 
this Article. 



(c) "Chemical name" means the scientific 
designation of a substance in accordance with 
the International Union of Pure and Applied 
Chemistry or the system developed by the Chemi- 
cal Abstracts Service. 

(d) "Chief of Department" means the Chief 
of the San Francisco Fire Department or the 
Chiefs designee. 

(e) "City Planning Code" means Part II, 
Chapter 3 of the San Francisco Municipal Code. 

(f) "Common name" means any designation 
or identification, such as a code name, code 
number, trade name, or brand name, used to 
identify a substance other than by its chemical 
name. 

(g) "Contiguous" means without separation 
by a public street, alley, sidewalk or other public 
place or right-of-way even if connected by under- 
ground or overhead structures, such as but not 
limited to bridges or passageways. 

(h) "Department" means the San Francisco 
Department of Public Health. 

(i) "Director of Health" means the Director 
of the San Francisco Department of Public Health 
or the Director's designee. 

(j) "Environmental Health Section" means 
the Environmental Health Section in the Com- 
munity Health and Safety Branch of the Public 
Health Division of the San Francisco Depart- 
ment of Public Health. 

(k) "Establishment" means a single busi- 
ness operation conducted on the same or contigu- 
ous parcels of property under the same owner- 
ship or entitlement to use, and the building or 
buildings, appurtenant structures, and surround- 
ing land area used by the establishment at that 
location or site. To be considered a single busi- 
ness operation, all business operations at the 
location must be under the direction and control 
of the same primary response person and acces- 
sible from the same public street entrance. 

(1) "Etiologic agent" means a viable micro- 
organism, or its toxin, which is listed in the 
regulations of the Department of Health and 
Human Services at Section 72.3 of Title 42 of the 
Code of Federal Regulations, which regulations 
are incorporated into this Article by reference, or 



Sec. 1102. 



San Francisco - Health Code 



648 



which causes or may cause severe, disabling or 
fatal disease in a healthy population. For pur- 
poses of this definition, "etiologic agent" does not 
include human or animal materials including 
but not limited to excreta, secreta, blood, and its 
components, tissue and tissue fluids being handled 
for purpose of diagnosis or in waste form. 

(m) "Fire Code" means Part II, Chapter 4 of 
the San Francisco Municipal Code. 

(n) "Freight forwarding and freight trans- 
portation services" means an establishment which 
packs, crates, prepares for shipping, ware- 
houses, or otherwise handles hazardous materi- 
als in transit or operates a terminal through 
which hazardous materials pass, including but 
not limited to establishments specified in Codes 
4231, 4731 and 4783 of the Manual of Standard 
Industrial Classification Codes, published by the 
United States Office of Management and Bud- 
get, 1987 Edition. 

(o) "Handle" means to use, generate, pro- 
cess, produce, package, treat, store, emit, dis- 
charge, or dispose of a hazardous material in any 
fashion. 

(p) "Handler" means any person or business 
which handles a hazardous material. 

(q) "Hazardous material" means any mate- 
rial that, because of its quantity, concentration, 
or physical or chemical characteristics, poses a 
significant present or potential hazard to human 
health and safety or to the environment if re- 
leased into the workplace or the environment. 
"Hazardous materials" include, but are not lim- 
ited to, hazardous substances, hazardous waste, 
and any material which a handler or the Depart- 
ment has a reasonable basis for believing would 
be injurious to the health and safety of persons 
or harmful to the environment if released into 
the workplace or the environment. 

A mixture shall be deemed to be a hazardous 
material if it contains either one-tenth of one 
percent or more of any carcinogen or one percent 
or more of any other hazardous material. 

(r) "Hazardous materials plan" means a docu- 
ment consisting of, at a minimum, general busi- 
ness information about an establishment, an 
inventory of hazardous materials handled at the 



establishment, an emergency response plan for 
the establishment, an employee training plan for 
handling hazardous materials, a facility map 
and such other information as is required by this 
Article and regulations adopted by the Health 
Commission pursuant to this Article in order to 
obtain a certificate of registration. 

(s) "Hazardous materials release site" means 
an establishment, UST, premises or real prop- 
erty containing a release or threatened release. 

(t) "Hazardous substance" means any sub- 
stance or chemical product for which one of the 
following applies: 

(1) The manufacturer or producer is re- 
quired to prepare or prepares a Material Safety 
Data Sheet (MSDS) for the substance or product 
pursuant to the California Hazardous Sub- 
stances Information and Training Act (Chapter 
2.5 (commencing with Section 6360) of Part 1 of 
Division 5 of the California Labor Code) or pur- 
suant to the federal Occupational Safety and 
Health Act of 1970 and regulations promulgated 
under that Act (commencing with Section 651 of 
Title 29 of the United States Code); 

(2) The substance is listed as a radioactive 
material in Appendix B of Part 20 of Chapter 1 of 
Title 10 of the Code of Federal Regulations, 
maintained and updated by the Nuclear Regula- 
tory Commission; 

(3) The substances listed pursuant to Parts 
172 and 173 of Title 49 of the Code of Federal 
Regulations; 

(4) The materials listed in Subdivision (b) of 
Section 6382 of the California Labor Code; 

(5) The chemicals listed in Subdivisions (b) 
and (c) of Section 12000 of Title 22 of the Code of 
California Regulations, which Section is incorpo- 
rated into this Article by reference; 

(6) The substances listed as hazardous sub- 
stances in Subsection (f) of Section 25281 of the 
California Health and Safety Code. 

(u) "Hazardous waste" means hazardous 
waste, as defined in Sections 25115, 25117, and 
25316 of the California Health and Safety Code. 

(v) "Health Commission" means the San 
Francisco Health Commission. 



649 



Hazardous Materials 



Sec. 1102. 



(w) "Laboratory" means a business or part 
of a business operated by scientists or engineers, 
or by students or technicians under their super- 
vision, for the following purposes: investigation 
of physical, chemical or biological properties of 
substances; development of new or improved 
chemical processes, products, or applications; 
analysis, testing, or quality control; or instruc- 
tion and practice in a natural science or in 
engineering. These operations are characterized 
by the use of a relatively large and variable 
number of chemicals on a scale in which the 
containers used for reactions, transfers, and other 
handling of chemicals are normally small enough 
to be easily and safely manipulated by one per- 
son. 

(x) "MSDS" means a Material Safety Data 
Sheet prepared pursuant to Section 6390 of the 
California Labor Code and Section 5194 of Title 8 
of the Code of California Regulations, or pursu- 
ant to the regulations of the Occupational Safety 
and Health Administration of the U.S. Depart- 
ment of Labor in Subsection (g) of Section 
1910.1200 of Title 29 of the Code of Federal 
Regulations, which Section is incorporated into 
this Article by reference. 

(y) "Operator" means any person in control 
of, or having daily responsibility for, the daily 
operation of an underground storage tank sys- 
tem. 

(z) "Owner" means the owner of an under- 
ground storage tank or the person or persons 
named on the last assessment rolls of the City 
and County of San Francisco as the owner of (i) 
the real property where an underground storage 
tank is located, or (ii) for underground storage 
tanks located under the surface of any improved 
or unimproved public street, sidewalk, alley, 
court or other place dedicated for or subject to an 
easement for public access, the immediately ad- 
jacent real property that is or was served by the 
underground storage tank. 

(aa) "Permit" means any permit to operate 
an underground storage tank, including any ad- 
denda thereto, issued pursuant to this Article. 



(bb) "Permittee" means any person to whom 
a permit is issued pursuant to this Article and 
any authorized representative, agent or designee 
of such person. 

(cc) "Person" means an individual, trust, 
firm, joint stock company, corporation including 
a government corporation, partnership, associa- 
tion, city, county, city and county, district, the 
State, any department or agency thereof or the 
United States, to the extent authorized by fed- 
eral law. 

For the purpose of the application of this 
Article to the City and County of San Francisco, 
a "person" includes any office or department 
under any elected or appointed official or under 
any board or commission. 

(dd) "Pipe" means pipe as defined in Sec- 
tions 25281(1) and 25281.5 of the California 
Health and Safety Code. 

(ee) "Primary response person" means the 
individual representing the business who can 
provide technical information and assistance in 
the event of a release or threatened release of 
hazardous materials and has full facility access, 
site familiarity and authority to make decisions 
for the business regarding implementation of 
appropriate site mitigation. 

(ff) "Registered quantity limit" means the 
maximum amount of hazardous material that 
can be stored in an establishment pursuant to a 
certificate of registration. The Director shall set 
separate registered quantity limits for an estab- 
lishment for which a certificate of registration is 
obtained in accordance with the requirements of 
this Article. 

(gg) "Registrant" means any business to 
whom a certificate of registration is issued pur- 
suant to this Article and any authorized repre- 
sentative, agent or designee of such business. 

(hh) "Release" means any spilling, leaking, 
pumping, pouring, emitting, emptying, discharg- 
ing, injecting, escaping, leaching, dumping, or 
disposing of a hazardous material into the envi- 
ronment unless permitted or authorized by a 
regulatory agency. 



Sec. 1102. 



San Francisco - Health Code 



650 



(ii) "Responsible party" means (i) for a haz- 
ardous materials release site, a person or busi- 
ness that owns, operates, occupies or controls the 
hazardous materials release site, or (ii) for a 
UST or establishment containing hazardous ma- 
terials that is subject to closure under this Ar- 
ticle, the person or business that owns or oper- 
ates the UST or establishment and the owner of 
the real property upon which the UST or estab- 
lishment is located. 

(jj) "SIC Code" means the identification num- 
ber assigned to specific types of businesses by 
the Manual of Standard Industrial Classification 
Codes, published by the United States Office of 
Management and Budget. 

(kk) "Spill" means any uncontrolled release 
of a hazardous material. 

(11) "Storage" means the containment, han- 
dling, use, generation, processing, production, 
packaging, emitting, discharging, disposal or treat- 
ment of hazardous materials. 

(mm) "Sump" means a pit or other subsur- 
face container in which liquids collect. 

(nn) "Threatened release" means a condi- 
tion creating a substantial probability of harm, 
when the probability and potential extent of 
harm make it reasonably necessary to take im- 
mediate action to prevent, reduce, or mitigate 
damages to persons, property, or the environ- 
ment. 

(oo) "Trade secret" means trade secrets as 
defined in Subdivision (d) of Section 6254.7 of 
the California Government Code and Section 
1060 of the California Evidence Code. 

(pp) "Unauthorized release" means any re- 
lease of any hazardous material that does not 
conform to the provisions of this Article or is not 
otherwise authorized by law or a governmental 
agency, including, but not limited to, the federal 
Environmental Protection Agency, the California 
Environmental Protection Agency, or the Depart- 
ment of Public Works pursuant to the San Fran- 
cisco Industrial Waste Ordinance. 

(qq) "Underground storage tank" means any 
one or combination of tanks, including pipes 
connected thereto, which is used for the storage 
of hazardous substances as defined in Subsec- 



tion (f) of Section 25281 of the California Health 
and Safety Code and which is located substan- 
tially or totally beneath the surface of the ground. 
"Underground storage tank" does not include 
any of the following: 

(1) A tank with a capacity of 1,100 gallons 
or less which is located on a farm and which 
stores motor vehicle fuel used primarily for ag- 
ricultural purposes and not for resale; 

(2) A tank which is located on a farm, at a 
residence of a person, or under public property 
adjacent to the residence of a person, which has 
the capacity of 1,100 gallons or less, and which is 
used to store home heating oil for consumptive 
use on the farm or at the residence. A tank which 
is no longer used to provide home heating oil to 
the farm or residence is not exempted by this 
Section; 

(3) Structures such as sumps, separators, 
storm drains, catchbasins, oil-field gathering lines, 
refinery pipelines, lagoons, evaporation ponds, 
well cellars, separation sumps, lined and unlined 
pits. Sumps which are part of a monitoring 
system required under Sections 25291 or 25292 
of the California Health and Safety Code and 
sumps or other structures defined as under- 
ground storage tanks under Subchapter IX (com- 
mencing with Section 6991) of Chapter 82 of 
Title 42 of the United States Code are not ex- 
empted by this Section; 

(4) A tank holding hydraulic fluid for a 
closed loop mechanical system that uses com- 
pressed air or hydraulic fluid to operate lifts, 
elevators, and other similar devices. (Added by 
Ord. 164-92, App. 6/10/92; amended by Ord. 
399-97, App. 10/17/97) 

Sec. 1103. 

(Added by Ord. 164-92, App. 6/10/92; amended 
by Ord. 399-97, App. 10/17/97; Ord. 42-00, File 
No. 000241, App. 3/24/2000; repealed by Ord. 
56-03, File No. 030041, App. 4/11/2003) 

Sec. 1103.1. 

(Added by Ord. 164-92, App. 6/10/92; amended 

by Ord. 42-00, File No. 000241, App. 3/24/2000; 

repealed by Ord. 56-03, File No. 030041, App. 

4/11/2003) 



651 



Hazardous Materials 



Sec. 1110. 



Sec. 1103.2. 

(Added by Ord. 164-92, App. 6/10/92; amended 
by Ord. 399-97, App. 10/17/97; repealed by Ord. 
56-03, File No. 030041, App. 4/11/2003) 

SEC. 1103.3. DIRECTOR TO REPORT. 

The Director of Health shall regularly advise 
the Health Commission regarding activities and 
other matters related to this Article. (Added by 
Ord. 164-92, App. 6/10/92; amended by Ord. 
399-97, App. 10/17/97; Ord. 56-03, File No. 030041, 
App. 4/11/2003) 

SEC. 1104. DEPARTMENT TO PROVIDE 
PUBLIC INFORMATION. 

The Department of Public Health shall pro- 
vide educational information to the public on 
hazardous materials including, but not limited 
to, information on the identification, proper stor- 
age, handling, use and disposal of hazardous 
materials. (Added by Ord. 164-92, App. 6/10/92) 

SEC. 1105. DIRECTOR TO MAINTAIN 
LIST OF MATERIALS REGULATED. 

The Director of Health shall maintain, for 
public inspection, a copy of each of the laws and 
regulations including any applicable lists of haz- 
ardous materials, hazardous substances and haz- 
ardous wastes. (Added by Ord. 164-92, App. 
6/10/92; amended by Ord. 399-97, App. 10/17/97) 

SEC. 1106. UNIFIED PROGRAM 
IMPLEMENTATION. 

(a) The Department is the certified unified 
program agency for San Francisco pursuant to 
Health and Safety Code Chapter 6.11. The De- 
partment is responsible for administration of the 
following requirements: 

(1) Except as specified in Health and Safety 
Code Subparagraph 25404(c)(1)(B), the require- 
ments of Health and Safety Code Chapter 6.5 
(commencing with Section 25100, and the regu- 
lations adopted by the Department of Toxic Sub- 
stances Control pursuant thereto, applicable to 
hazardous waste generators and persons operat- 
ing pursuant to a permit-by-rule, conditional 
authorization or conditional exemption. This pro- 
gram is implemented by Article 22 of this Code; 



(2) The requirement of Subdivision (c) of 
Health and Safety Code Section 25270.5 for 
owners and operators of aboveground storage 
tanks to prepare a spill prevention control and 
countermeasure plan. The Director is authorized 
to require owners and operators to prepare spill 
prevention control and countermeasure plans in 
accordance with Health and Safety Code Section 
25270.5(c); 

(3) The requirements of Health and Safety 
Code Chapter 6.7 (commencing with Section 
25280) concerning underground storage tanks, 
except for the responsibilities assigned to the 
State Water Resources Control Board pursuant 
to Section 25297.1. This program, along with 
local requirements, is implemented by Division 
III of this Article; 

(4) The requirements of Article 1 (commenc- 
ing with Section 25501) of Chapter 6.95 of the 
Health and Safety Code, concerning hazardous 
material release response plans and inventories. 
This program, along with local requirements, is 
implemented by Division II of this Article; 

(5) The requirements of Article 2 (commenc- 
ing with Section 25531) of Chapter 6.95 of the 
Health and Safety Code concerning regulated 
substances. This program, along with local re- 
quirements, is implemented by Article 21A of 
this Code; 

(6) The requirements of Subsections 
8001.3.2(a) and 8001.3.3(a) of the Uniform Fire 
Code, as adopted by the State Fire Marshal, 
concerning hazardous material management plans 
and inventories. (Added by Ord. 399-97, App. 
10/17/97) 

DIVISION II 
CERTIFICATE OF REGISTRATION 

SEC. 1110. REGISTRATION REQUIRED. 

(a) Any business which operates an estab- 
lishment, or any owner of real property upon 
which an establishment is located, shall for each 
establishment that meets any of the criteria set 
forth in this Section, obtain and keep current a 



Sec. 1110. 



San Francisco - Health Code 



652 



hazardous materials certificate of registration 
and implement the hazardous materials plan 
submitted with the registration application: 

(1) The establishment operates a laboratory 
which handles, as part of its laboratory function, 
at any one time during the reporting year, any 
hazardous material or mixture containing a haz- 
ardous material in a container that has a capac- 
ity equal to, or greater than a weight of 25 grams 
(0.06 pounds) or a volume of 100 milliliters 
(0.025 gallons) or 10 cubic feet at standard 
temperature and pressure for compressed gas; 

(2) The establishment handles any one haz- 
ardous material or any one mixture containing a 
hazardous material in a container or containers 
with a total capacity at any one time during the 
reporting year that is equal to, or greater than, a 
weight of 500 pounds, or a volume of 55 gallons 
or 200 cubic feet at standard temperature and 
pressure for compressed gas; 

(3) The establishment handles one or more 
hazardous material or mixture containing a haz- 
ardous material in a container or containers 
with a combined total capacity at any one time 
during the reporting year equal to, or greater 
than, a weight of 500 pounds, or a volume of 55 
gallons or 200 cubic feet at standard tempera- 
ture and pressure for compressed gas. In deter- 
mining the combined total container capacity of 
the hazardous materials, the establishment shall 
include: 

(A) All liquid hazardous materials in con- 
tainers with a capacity equal to, or greater than, 
one gallon; 

(B) All solid hazardous materials in contain- 
ers with a capacity equal to, or greater than, 25 
pounds; 

(C) All compressed gas hazardous materi- 
als in containers with a capacity equal to, or 
greater than, 10 cubic feet. 

(4) The establishment handles any one or 
more radioactive material or mixture containing 
a radioactive material in a quantity for which an 
emergency plan is required to be adopted pursu- 
ant to Part 30 (commencing with Section 30.1), 
Part 40 (commencing with Section 40.1), or Part 
70 (commencing with Section 70.1), of Chapter 1 



of Title 10 of the Code of Federal Regulations, or 
pursuant to any regulations adopted by the state 
in accordance with those regulations; 

(5) The establishment handles any one or 
more etiologic agents. 

(b) Any person not subject to Subsection (a) 
who is required to submit chemical inventory 
information pursuant to Section 11022 of Title 42 
of the United States Code, as that section read 
on August 1, 1997, or as it may be subsequently 
amended shall obtain and keep current a haz- 
ardous materials certificate of registration and 
implement the hazardous materials plan submit- 
ted with the registration application as required 
by this Article. 

(c) Within 30 days of any one of the follow- 
ing events, any business required to obtain a 
certificate of registration pursuant to this Sec- 
tion shall file an addendum to the certificate of 
registration detailing the handling and the fol- 
lowing appropriate information: 

(1) Change of business name; 

(2) A 50 percent or more increase in the 
quantity of a previously disclosed material; 

(3) Any handling of a previously undis- 
closed hazardous material subject to the inven- 
tory requirements of this Article. (Added by Ord. 
164-92, App. 6/10/92; amended by Ord. 399-97, 
App. 10/17/97) 

SEC. 1110.1. HAZARDOUS MATERIALS 
PLANS AND APPLICATION FOR 
CERTIFICATE OF REGISTRATION. 

Every business, or owner of real property 
upon which an establishment is located, that is 
required by this Article to register and imple- 
ment a hazardous materials plan shall obtain a 
certificate of registration by filing a written 
application with the Director of Health upon 
forms furnished for that purpose, certifying that 
the hazardous materials plan as described in the 
application meets the requirements of this Ar- 
ticle, and paying the required fees. A complete 
application shall include, without limitation, all 
of the following: 

(a) Part 1. General business information, 
which shall include, but not be limited to: 

(1) The name and address of the establish- 
ment and business phone number of applicant, 
the name and titles and 24-hour emergency 



653 



Hazardous Materials 



Sec. 1110.1. 



phone numbers of the primary response person 
and an alternate, the number of employees, 
number of shifts, hours of operation, and princi- 
pal business activity and its SIC Code number; 

(2) The names and addresses of the persons 
who own and operate the business and, if differ- 
ent, the name and address of the person or 
persons who own the real property upon which 
the business or any portion thereof is located; 

(3) Such other information as is necessary 
to enable the Director of Health to determine 
that employees and the general public are pro- 
tected from exposure to hazardous materials. 

(b) Part 2. A chemical inventory reporting 
form, including but not limited to the following 
information: 

(1) The information required pursuant to 
Health and Safety Code Section 25509 and any 
implementing regulations; 

(2) Any additional inventory information re- 
quired by Section 11022 of Title 42 of the United 
States Code, as that section read on August 1, 
1997, or as it may be subsequently amended, 
until such time as the inventory information 
required above is determined, pursuant to fed- 
eral law or regulation, to be substantially equiva- 
lent to the inventory information required under 
the Emergency Planning and Community Right- 
to-Know Act of 1986 (Title 42 of the United 
States Code, commencing with Section 11001); 

(3) For mixtures, the inventory information 
reported shall be the required information on the 
entire mixture; 

(4) For hazardous materials handled by 
freight forwarding and freight transportation 
services, the establishment is not required to 
report hazardous materials stored for less than 
30 days. 

(c) Part 3. A plan for emergency response to 
a release or threatened release of a hazardous 
material, including but not limited to the follow- 
ing information: 

(1) Immediate notification to appropriate 
local emergency rescue personnel; 



(2) Procedures for the mitigation of a re- 
lease or threatened release to minimize any 
potential harm or damage to persons, property 
or the environment; 

(3) Evacuation plans and procedures, includ- 
ing immediate notice, for the business site and 
for the affected public; 

(4) Information on the availability, testing, 
and maintenance of emergency equipment. 

(d) Part 4. A program and implementation 
plan for training all new employees and annual 
training, including refresher courses, for all em- 
ployees in safety procedures in the event of a 
release or threatened release of a hazardous 
material, including but not limited to, familiar- 
ity with the plans and procedures specified in 
Part 3. Businesses shall maintain written records 
of such training including, but not limited to, 
descriptions of the training classes held and lists 
of attendees, including names, dates, and signa- 
tures. Such documentation shall be provided to 
the Director upon request. 

(e) Part 5. A program for reducing the use 
of hazardous materials and the generation of 
hazardous waste if required of the applicant 
pursuant to this subsection. 

(1) For an applicant subject to the Hazard- 
ous Waste Reduction and Management Review 
Act (HWRMRA) (Article 11.9 of Chapter 6.5 of 
Division 20 of the California Health and Safety 
Code, commencing with Section 25244.12), which 
Act is incorporated into this Article by reference, 
the applicant shall, on request of the Director of 
Health, submit a copy of the applicant's current 
source-reduction evaluation review and plan, 
hazardous waste management performance re- 
port, and plan and report summaries prepared 
pursuant to Health and Safety Code Section 
25244.18(g) and applicable regulations. 

(2) For an applicant not subject to HWRMRA, 
if a California Department of Toxic Substances 
Control Hazardous Waste Audit Study Checklist 
is available for the applicant's industry classifi- 
cation, the applicant shall, on request of the 
Director of Health, submit a completed copy of 
the most current applicable checklist and a cer- 
tification by the applicant that the information 



Sec. 1110.1. 



San Francisco - Health Code 



654 



contained in the completed checklist is true and 
correct to the best of the applicant's knowledge. 
An applicant may exempt from the audit any 
waste stream which is exempted from the re- 
quirements of HWRMRA and its implementing 
regulations. The audit shall be reviewed and 
updated every four years. 

(3) (A) For each applicant covered by Sub- 
section (e)(1) or (2) above, whose inventory in- 
cludes one or more hazardous materials that do 
not enter a waste stream, the applicant shall 
submit a hazardous materials reduction plan 
that takes into account all hazardous materials 
stored and identifies hazardous materials reduc- 
tion measures that are technically feasible and 
economically practicable. 

(B) The plan shall identify technically fea- 
sible product substitutions or product use reduc- 
tion or elimination measures. 

(C) The plan shall estimate hazardous ma- 
terials use expected to be reduced annually, a 
timetable for implementation of each reduction 
measure and certification that the information 
submitted in the plan is true and correct to the 
best of the knowledge of the applicant. 

(f) Part 6. A map of the business establish- 
ment drawn at a scale and in a format and detail 
that meets the Director's requirements. The map 
shall be updated whenever the business is re- 
quired to obtain an addendum to the certificate 
of registration or any additional approvals. 

(g) In the event the business determines 
that some or all of the information contained in 
the hazardous materials application for registra- 
tion constitutes a trade secret, the business shall 
place such information on a separate hazardous 
materials application for registration and clearly 
mark each sheet of said form "Trade Secret." The 
Director shall take measures to ensure that the 
information contained on the hazardous materi- 
als application for registration not be disclosed 
except pursuant to the protections and according 
to the procedures and standards set down in 
Section 1142 and any regulations adopted by the 
Health Commission pursuant to the provisions 
of this Article. 



(h) In addition to the information previ- 
ously specified in this Section, the Department 
may require a business or the owner of real 
property upon which a business establishment is 
located to submit hazard characteristic informa- 
tion on the hazardous materials stored, includ- 
ing but not limited to, applicable Material Safety 
Data Sheets, and any additional information 
that it finds is necessary to protect the health 
and safety of persons, property, or the environ- 
ment. Following submittal of hazard character- 
istic information, the Department may require 
the applicant to revise any part of the applica- 
tion to accurately reflect hazards identified by 
the Department through review of such informa- 
tion. (Added by Ord. 164-92, App. 6/10/92; 
amended by Ord. 399-97, App. 10/17/97) 

SEC. 1111. TEMPORARY CERTIFICATE 
OF REGISTRATION. 

A temporary certificate of registration may 
be issued where the hazardous materials subject 
to the registration requirements are handled at 
an establishment during a one-time period not to 
exceed 90 days in a consecutive six-month pe- 
riod. The Director of Health may approve a 
temporary certificate of registration under cir- 
cumstances that do not comply with all the 
provisions of this Code, provided that the Direc- 
tor determines that such temporary handling 
does not present any increased risk of fire or 
health hazard. A temporary registration shall be 
issued for a period not to exceed 90 days. (Added 
by Ord. 164-92, App. 6/10/92; amended by Ord. 
399-97, App. 10/17/97) 

SEC. 1112. BUSINESSES ON LEASED OR 
RENTED PROPERTY. 

Any business which registers with the De- 
partment pursuant to this Article and is located 
on leased or rented real property shall notify, in 
writing, the real property owner that the busi- 
ness and the real property owner are subject to 
the requirements of this Article and the business 
has obtained a certificate of registration. The 
business shall provide a copy of the certificate of 
registration and the hazardous materials plan to 
the owner or the owner's agent within five work- 



655 



Hazardous Materials 



Sec. 1115. 



ing days after receiving a request for a copy from 
the owner or the owner's agent. (Added by Ord. 
164-92, App. 6/10/92) 

SEC. 1113. REVIEW OF APPLICATIONS. 

The Department shall review a completed 
application for a certificate of registration, deter- 
mine if it is deficient in any way, and notify the 
applicant of these defects and of a compliance 
schedule for correcting the defects. The applicant 
shall submit a corrected application within the 
time specified in the compliance schedule. (Added 
by Ord. 164-92, App. 6/10/92) 

SEC. 1114. CONTENTS OF 
CERTIFICATE OF REGISTRATION AND 
POSTING. 

(a) The certificate of registration shall con- 
tain the following information: 

(1) The name and address of the registrant 
for purposes of notice and service of process; 

(2) The street address of the establishment 
for which the certificate of registration is issued; 

(3) The registered quantity limit(s) for the 
establishment; 

(4) The date the certificate of registration is 
effective; 

(5) The date of expiration, except for those 
registrants exempted from renewal under Sec- 
tion 1115 of this Article. 

(b) Each certificate of registration shall in- 
clude requirements that the registrant reim- 
burse the City for extraordinary costs, in addi- 
tion to applicable registration fees, for inspection 
and monitoring, administration, incidental ex- 
penses and cleanup and remediation costs result- 
ing from releases of hazardous materials or fail- 
ure by the registrant to handle hazardous 
materials in accordance with the requirements 
of this Article. Furthermore, the certificate shall 
provide that if the registrant fails to immedi- 
ately notify the Department of a release or 
threatened release of hazardous material, and 
the failure results in or significantly contributes 
to an emergency, including a fire, to which the 
City is required to respond, the registrant shall 
be assessed the full cost of the City emergency 



response as well as the cost of cleaning up and 
disposing of the hazardous material. Certificates 
of registration shall not be renewed unless all 
such costs have been paid to the City. 

(c) The registrant shall post a copy of the 
certificate of registration obtained pursuant to 
this Section, in a location open to public access 
during normal business hours, at each establish- 
ment for which a certificate of registration is 
obtained. (Added by Ord. 164-92, App. 6/10/92; 
amended by Ord. 168-95, App. 5/26/95; Ord. 399- 
97, App. 10/17/97) 

SEC. 1115. TERM, RENEWALS AND 
TRANSFERS. 

(a) A certificate of registration shall be is- 
sued for a term of one year, except as otherwise 
provided in this Article. 

(b) Except as provided in Subsection (c) of 
this Section, the registrant shall submit an ap- 
plication for a renewal at least 30 days prior to 
the expiration date of the certificate of registra- 
tion. The application for renewal shall include a 
certification by the registrant that it has re- 
viewed all information previously submitted for 
its current registration to determine if any revi- 
sions are needed and that it has made any 
necessary changes to the previously submitted 
application. A copy of any changes shall be sub- 
mitted to the Department of Health as part of 
the renewal application. 

(c) A physician, dentist, podiatrist, veteri- 
narian, or pharmacist, who is required pursuant 
to Section 1110 to obtain a certificate of registra- 
tion solely because he or she operates an estab- 
lishment that handles oxygen, nitrogen or ni- 
trous oxide is exempt from filing a renewal 
application and paying an annual renewal fee as 
provided in this Section and Section 1176(b) of 
this Article, provided that at any one time the 
total container capacity of oxygen or nitrous 
oxide, as determined in accordance with the 
provisions of Section 1110, is less than 1,000 
cubic feet of each material at standard tempera- 
ture and pressure. If a business that is exempted 
from registration renewal, at any one time handles 
oxygen or nitrous oxide in a container or contain- 



Sec. 1115. 



San Francisco - Health Code 



656 



ers with a total capacity that is equal to or 
greater than 1,000 cubic feet of each material at 
standard temperature and pressure, or handles 
any other hazardous material that meets any of 
the criteria set forth in Section 1110, then the 
business shall no longer qualify for the exemp- 
tion and shall comply with the registration re- 
newal requirements of this Article. 

(d) The certificate of registration is not trans- 
ferable to another owner, address or physical 
location within the same address. (Added by 
Ord. 164-92, App. 6/10/92; amended by Ord. 
168-95, App. 5/26/95; Ord. 399- 97, App. 10/17/ 
97) 

SEC. 1116. HANDLING OF HAZARDOUS 
MATERIALS. 

(a) All persons and businesses shall handle 
all hazardous materials regulated by this Article 
in conformity with the provisions of this Code, 
the San Francisco Building Code, San Francisco 
Electric Code, San Francisco Public Works Code, 
San Francisco Fire Code and San Francisco City 
Planning Code. The Director of Health shall 
approve all installation, construction, repair or 
modification, closure, and removal of storage 
facilities. 

(b) The Director of Health, as provided in 
this Code, may: 

(1) Exempt a person or business from any 
specific requirement if, and only if, the person or 
business has demonstrated by clear and convinc- 
ing evidence that strict application of the require- 
ment would create practical difficulties not gen- 
erally applicable to other establishments or 
property and that granting the exemption will 
not increase the hazard of exposure to hazardous 
materials and such exemption is not in conflict 
with any requirement of federal or State law 
concerning the handling of hazardous materials. 
The Director shall specify in writing the basis for 
any exemption under this paragraph; or 

(2) Impose reasonable additional or differ- 
ent requirements if, and only if, such require- 
ments are necessary to protect the public health, 
safety and welfare from the hazards arising from 



the storage, handling and use of hazardous ma- 
terials. (Added by Ord. 164-92, App. 6/10/92) 

SEC. 1117. LABELING OF HAZARDOUS 
MATERIALS. 

All persons and businesses required to obtain 
a certificate of registration shall maintain a label 
on each container of hazardous material regu- 
lated by this Article in a manner consistent with 
the applicable federal, State, and local laws and 
regulations. (Added by Ord. 164-92, App. 6/10/ 
92; amended by Ord. 399-97, App. 10/17/97) 

DIVISION III 
UNDERGROUND STORAGE TANK 
PERMITS 

SEC. 1120. PERMIT TO OPERATE AN 
UNDERGROUND STORAGE TANK. 

(a) Except as otherwise authorized by this 
Article, Chapter 6.7 of the California Health and 
Safety Code, commencing with Section 25280, 
and any implementing regulations, no person 
shall own or operate an underground storage 
tank ("UST") unless a permit for its operation 
has been issued by the Department as required 
by this Article, Chapters 6.7 and 6.75 of the 
California Health and Safety Code, commencing 
with Section 25280, and any implementing regu- 
lations. 

(b) Any person required to obtain a UST 
permit pursuant to this Article shall submit an 
application and any required information and 
fees upon notification by the Department. Any 
person so notified by the Department who fails to 
submit the required information and fees within 
the time specified in the notice shall be assessed 
an additional fee and a site investigation fee, if a 
site investigation is required, as a penalty. The 
amount of the additional fee and site investiga- 
tion fee is specified in Section 1176. A person 
assessed such fees may appeal the amount of the 
fee levied by requesting a Director's hearing 
pursuant to Section 1137. (Added by Ord. 164-92, 
App. 6/10/92; amended by Ord. 399-97, App. 
10/17/97) 



657 



Hazardous Materials 



Sec. 1121. 



SEC. 1120.1. 
PERMIT. 



APPLICATION FOR 



(a) Any person that is required to obtain 
one or more UST permits shall obtain the per- 
mits by filing application forms required by the 
Department, paying the required permit fee and 
demonstrating compliance with this Article and 
Article 31 if the permit is for a site located in 
Hunters Point Shipyard Parcel A as determined 
by inspection of the UST by the Department. For 
permits in the area of San Francisco subject to 
the requirements of Article 31, such permit ap- 
plication shall not be deemed complete until the 
department receives written notification from 
the Director that the applicant has complied 
with all provisions of Article 31 that are required 
to be met prior to permit issuance. 

(b) Any person required to obtain a UST 
permit shall submit the information required by 
the Department, Article 31 and Chapters 6.7 and 
6.75 of the California Health and Safety Code 
(commencing with Section 25280) and implement- 
ing regulations adopted by the State Water Re- 
sources Control Board and the Health Commis- 
sion. No permit shall be granted to the owner or 
operator of a UST unless the applicant demon- 
strates compliance with this Article and its imple- 
menting regulations, Article 31 and all appli- 
cable provisions of Chapters 6.7 and 6.75 of the 
California Health and Safety Code (commencing 
with Section 25280) and implementing regula- 
tions, as the law and regulations may be amended. 

(c) All modifications, repairs, closures and 
removals of USTs shall require approval of the 
Department, compliance with this Article and its 
implementing regulations, compliance with Ar- 
ticle 31 if the approval is for a site in Hunters 
Point Shipyard Parcel A, compliance with appli- 
cable provisions of Chapters 6.7 and 6.75 of the 
California Health and Safety Code (commencing 
with Section 25280) and its implementing regu- 
lations, and payment of applicable fees. Any 
person who performs unauthorized modifica- 
tions, repairs, removals or closures, or fails to 
schedule a site inspection with the Department 
prior to performing such work shall be assessed 
additional fees and a site investigation fee, if a 



site investigation is required, as a penalty. The 
amount of the additional fees and site investiga- 
tion fee is specified in Section 1176. A person 
assessed such fees may appeal the amount of the 
fee levied by requesting a Director's hearing 
pursuant to Section 1137. 

(d) No permit may be granted pursuant to 
this Article until the Department has inspected 
the UST and unless the applicant has corrected 
any Code violations cited by the Department; the 
applicant has furnished all requested informa- 
tion and paid the required permit fees; and the 
applicant demonstrates to the satisfaction of the 
Director of Health, by the submission of appro- 
priate plans and other required information, 
that the design and construction of the UST 
meets all applicable City, State and federal laws 
and regulatory requirements. 

(e) Each permit shall include requirements 
that the person reimburse the City for extraor- 
dinary costs, in addition to applicable permit 
fees, for inspection and monitoring, administra- 
tion, incidental expenses and cleanup and reme- 
diation costs resulting from releases of hazard- 
ous substances or failure by the permittee to 
handle hazardous substances in accordance with 
the requirements of this Article. Permits shall 
not be renewed unless all such costs have been 
paid to the City. (Added by Ord. 164-92, App. 
6/10/92; amended by Ord. 399-97, App.. 10/17/97; 
Ord. 303-04, File No. 041541, App. 12/24/2004) 

SEC. 1121. TERMS, RENEWALS, AND 
TRANSFERS. 

(a) A UST permit shall be issued for a term 
of one year, except as otherwise provided in this 
Article. 

(b) Every application for the renewal of a 
permit shall be made at least 30 days prior to the 
expiration date of such permit. The application 
for renewal shall include a certification by the 
permittee that the permittee has reviewed the 
information submitted on the permit application 
and any addenda thereto and that any necessary 
changes to the permit application and addenda 
have been made. Applications to renew a UST 
permit shall comply with all applicable require- 



Sec. 1121. 



San Francisco - Health Code 



658 



ments of Chapters 6.7 and 6.75 of the California 
Health and Safety Code (commencing with Sec- 
tion 25280). 

(c) Any permit for which a properly com- 
pleted application for renewal has been received 
by the Director of Health prior to the expiration 
date shall remain in effect until a decision has 
been made on the application and all adminis- 
trative appeals have been exhausted or the time 
for appeal has expired. 

(d) A permit is not transferable to another 
person, address or physical location within the 
same address. (Added by Ord. 164-92, App. 6/10/ 
92; amended by Ord. 399-97, App. 10/17/97) 

SEC. 1122. GENERAL REGISTRATION 
AND PERMIT PROVISIONS, 
DISCLAIMER. 

(a) A certificate of registration or permit 
does not take the place of any license required by 
State, federal or local law nor does compliance 
with the permit requirements of this Article 
relieve any party of compliance with any other 
applicable State, federal or local law. 

(b) Granting of a certificate of registration 
or permit under the provisions of this Article 
does not constitute authorization to handle haz- 
ardous materials at any establishment, if such 
handling violates a provision of this Article or 
any other local, federal, or State statute, code, 
ordinance, rule, or regulation relating to hazard- 
ous materials, or if hazardous materials are 
handled in such a manner as to cause an unau- 
thorized release of hazardous materials or to 
pose a significant risk of such unauthorized 
release. (Added by Ord. 164-92, App. 6/10/92) 

SEC. 1123. CONTENTS OF PERMITS 
AND POSTING. 

(a) A permit to operate a UST shall contain 
the following information: 

(1) The name and address of the permittee 
for purposes of notice and service of process; 

(2) The street address of the establishment 
for which the permit is issued; 

(3) Authorization of the UST approved un- 
der the permit; 



(4) The date the permit is effective; 

(5) The date of expiration; 

(6) Any special conditions of the permit. 

(b) The permittee shall post a notice of the 
permit obtained pursuant to this Section, in a 
location open to public access during normal 
business hours, at each establishment for which 
a permit is obtained. (Added by Ord. 164-92, 
App. 6/10/92; amended by Ord. 399-97, App. 
10/17/97) 

SEC. 1124. DETERMINATION. 

(a) The Director of Health shall take final 
action on a permit denial, issuance, modification 
or renewal by mailing a copy of the permit 
denial, issuance, modification or renewal to the 
applicant, and if different, the owner of record of 
the real property on which the UST is located. 

(b) The Director of Health shall publish 
notice of the action on the permit by posting a 
notice at City Hall or at the Department of 
Health offices at 101 Grove Street, or by publi- 
cation in a newspaper of general circulation. The 
notice shall include a summary of the Director's 
action on the permit, and instructions for filing a 
public hearing request. The Director's action 
shall be final 15 days after the Director's posting 
or publication of the notice of permit action, 
unless a public hearing is requested as provided 
in Subsection (c). 

(c) Any person who deems that his or her 
interests or property or that the general public 
interest will be adversely affected by the Director's 
denial, issuance, modification, or renewal of a 
permit may request a public hearing within 15 
days of the Director's publication of a notice of 
permit action. The Director shall hold a public 
hearing after giving the notice provided in Sec- 
tion 1137. (Added by Ord. 164-92, App. 6/10/92; 
amended by Ord. 399-97, App. 10/17/97) 

DIVISION rv 
ENFORCEMENT 

SEC. 1130. VIOLATIONS. 

In addition to any other provisions of this 
Article, the following acts or omissions of a 



659 



Hazardous Materials 



Sec. 1131. 



person or business subject to regulation under 
this Article shall constitute a violation of this 
Article: 

(a) Fraud, wilful misrepresentation, or any 
wilfully inaccurate or false statement in apply- 
ing for a new or renewed permit or certificate of 
registration; 

(b) Fraud, wilful misrepresentation, or any 
wilfully inaccurate or false statement in any 
report required by this Article; 

(c) Failure to correct conditions constitut- 
ing an unreasonable risk of an unauthorized 
release of hazardous materials within a reason- 
able time after notice from a governmental en- 
tity other than the City; 

(d) If an underground storage tank owner 
or operator: Failure to comply with applicable 
requirements of a permit; failure to establish 
and maintain evidence of financial responsibility 
as required pursuant to this Article; failure to 
take corrective action in response to an unautho- 
rized release; failure to properly close an under- 
ground storage tank; failure to permit inspection 
or perform any monitoring, testing or reporting 
required by this Article; or making any false 
statement, representation, or certification in any 
application, record, report, or other document 
submitted or required to be maintained pursu- 
ant to this Article; 

(e) If an underground storage tank opera- 
tor: Operation of an underground storage tank 
without a permit or failure to maintain records 
or report an unauthorized release as required 
pursuant to this Article; 

(f) If an underground storage tank owner: 
Failure to obtain a permit; abandonment of any 
underground storage tank subject to this Article; 
knowing failure to take reasonable and neces- 
sary steps to assure compliance by the operator 
with this Article; or failure to repair or upgrade 
an underground storage tank in accordance with 
this Article; 

(g) Any violation of Subsections 8001.3.2(a) 
or 8001.3.3(a) of the Uniform Fire Code, as 
adopted by the State Fire Marshal, concerning 



hazardous material management plans and in- 
ventories. (Added by Ord. 164- 92, App. 6/10/92; 
amended by Ord. 399-97, App. 10/17/97) 

SEC. 1131. EMERGENCY POWERS. 

(a) Whenever the Director of Health or a 
duly authorized representative discovers a haz- 
ardous materials release site, the Director is 
empowered to order the responsible party or 
parties to vacate or close the hazardous materi- 
als release site and institute emergency reme- 
dial actions, as provided in this Section, without 
a written notice or hearing, until the condition 
requiring such action has been abated. 

(b) Following any unauthorized release, the 
Director of Health is empowered to order the 
hazardous materials release site secured from 
public and/or private access, including the order- 
ing of the evacuation, closure or other isolation of 
the hazardous materials release site so as to 
prevent any further public or private exposures 
to hazardous materials. The Director of Health is 
also empowered to issue directives as to what 
monitoring must be done to assess the degree of 
contamination present and to evaluate what 
degree of cleanup shall be undertaken in order to 
assure safe reoccupancy of the hazardous mate- 
rials release site. 

(c) The Director of Health may verify that 
the unauthorized release of hazardous material 
is being contained and appropriately disposed. 
Any time the Director of Health has reason to 
believe that any responsible party is not ad- 
equately containing and disposing of such haz- 
ardous material, the Director of Health may 
undertake and direct an emergency response in 
order to protect the public health and safety. 

(d) In the event the Director of Health de- 
termines that immediate action is necessary and 
the responsible party has not undertaken and 
will not undertake such necessary action, the 
Director may direct the institution of those re- 
medial actions reasonably necessary under the 
circumstances to protect the health, safety and 
welfare of the community from the hazards at- 
tending the unauthorized release. The respon- 
sible party shall be strictly liable to the City for 



Sec. 1131. 



San Francisco - Health Code 



660 



the reimbursement of all costs incurred by the 
City for any such emergency remedial action, 
including, but not limited to, the costs of fighting 
fires. All costs due for which payment is not 
received within 30 days of the mailing of a notice 
to the responsible party of payment due, shall be 
delinquent and subject to a penalty of 10 percent, 
not to exceed $2,000, and interest at the rate of 
one percent per month on the outstanding bal- 
ance from the date payment is due. In addition, 
the City may impose a special assessment lien 
against the property as provided in Section 1136. 
The lack of either negligence or wilfulness of the 
responsible party in causing or allowing such 
discharge shall have no bearing on the liability 
imposed by this Section. 

(e) The decision whether any hazardous ma- 
terials release site is safe for reentry by the 
public following such order of the Director of 
Health regarding evacuation, closures, etc. shall 
be made exclusively by the Director of Health. 
(Added by Ord. 164-92, App. 6/10/92; amended 
by Ord. 399-97, App. 10/17/97) 

SEC. 1132. AUTHORITY OF THE 
DIRECTOR. 

The Director of Health shall have authority 
to administer and enforce all provisions of this 
Article. Pursuant to this authority the Director 
of Health may issue certificates of registration 
and permits for underground storage tanks; deny, 
revoke or suspend any permits issued pursuant 
to this Article; enforce the provisions of this 
Article by any lawful means available for such 
purpose; inspect establishments; inspect and moni- 
tor hazardous materials release sites; and re- 
quire persons or businesses operating establish- 
ments or USTs to take actions to prevent the 
release of hazardous materials and to clean up 
and abate a release of hazardous materials. The 
Director of Health and officials of the Fire De- 
partment, Department of Public Works, Depart- 
ment of City Planning and other affected depart- 
ments shall mutually cooperate with each other 
to carry out the intent of this Article. (Added by 
Ord. 164-92, App. 6/10/92; amended by Ord. 
399-97, App. 10/17/97) 



SEC. 1133. ENFORCEMENT ACTIONS. 

(a) Cease and Desist Orders. 

(1) Whenever the Director finds that a per- 
son, business or responsible party is handling 
hazardous materials in violation of any require- 
ment imposed pursuant to this Article, or pursu- 
ant to any order, regulation or permit issued by 
the Director, the Director may: 

(A) Issue an order directing the person, 
business or responsible party to cease and desist 
such violation and directing the person, business 
or responsible party to achieve compliance in 
accordance with a detailed time schedule of 
specific actions the person, business or respon- 
sible party must take in order to correct or 
prevent violations of this Article; 

(B) Issue an order revoking or suspending 
any permit. 

(2) Any order issued by the Director under 
this Section may require the person, business or 
responsible party to provide such information as 
the Director deems necessary to explain the 
nature of the violation. The Director may require 
in any cease and desist order that the discharger 
pay to the City the costs of any extraordinary 
inspection or monitoring deemed necessary by 
the Director because of the violation. 

(b) Cleanup and Abatement Orders. 

(1) Any person, business or responsible party 
who has caused or permitted an unauthorized 
release or is causing or permitting an unautho- 
rized release or any other person responsible for 
the cleanup of an unauthorized release who fails 
to take cleanup action in violation of this Article 
or any order, regulation, or prohibition issued by 
the Director, shall, upon order of the Director 
and at the expense of the person, business or 
responsible party, clean up such unauthorized 
release and abate the effects. 

(2) Any responsible party who fails to take 
action to close a UST or establishment contain- 
ing hazardous materials, or otherwise violates 
this Article or any order, regulations, or prohibi- 
tion issued by the Director related to closure, 
shall, upon order of the Director and at the 



661 



Hazardous Materials 



Sec. 1133. 



expense of the responsible party, close the UST 
or establishment and abate the effects of any 
release. 

(3) The Director may perform any cleanup, 
abatement, or remedial work required under 
Subdivision (b)(1) or (2) when required by the 
magnitude of the violation or when necessary to 
prevent pollution, nuisance, or injury to the 
environment or protect public health and safety. 
Such action may be taken in default of, or in 
addition to, remedial work by the person, busi- 
ness or responsible party, regardless of whether 
injunctive relief is being sought. 

(4) Any person, business or responsible party 
who has violated or is in violation of the require- 
ments of this Article shall be liable to the City for 
costs incurred in cleaning up and abating the 
effects of the violation, or taking other remedial 
action, including but not limited to administra- 
tive costs, inspection costs and attorneys fees. All 
costs for which payment is not received within 30 
days of the issuance of a notice to the responsible 
party of payment due, shall be delinquent and 
subject to a penalty of 10 percent, not to exceed 
$2,000, and interest at the rate of one percent 
per month on the outstanding balance from the 
date payment is due. In addition, the City may 
impose a special assessment lien against the 
property as provided in Section 1136. 

(c) Administrative Civil Penalty Or- 
ders. 

(1) The Director may issue a complaint, 
approved as to form by the City Attorney, to any 
person or business on whom an administrative 
civil penalty may be imposed pursuant to Section 
1134. The complaint shall allege the acts or 
failures to act that constitute a basis for liability 
and the amount of the proposed administrative 
civil penalty. The Director shall serve the com- 
plaint by personal service or certified mail and 
shall inform the party so served that a hearing 
shall be conducted within 60 days after the party 
has been served, unless the party waives the 
right to a hearing. If the party waives the right to 
a hearing, the Director shall issue an order 
setting liability in the amount proposed in the 
complaint unless the Director and the party have 



entered into a settlement agreement, in which 
case the Director shall issue an order setting 
liability in the amount specified in the settle- 
ment agreement. The settlement agreement shall 
be approved by the City Attorney as to form. 
Where the party has waived the right to a 
hearing or where the Director and the party have 
entered into a settlement agreement, the order 
shall not be subject to review by any court or 
agency. 

(2) Any hearing required by Subsection (1) 
shall be conducted in accordance with the proce- 
dures in Section 1137. After conducting any 
hearing required under this Section, the Depart- 
ment shall, within 30 days after the case is 
submitted, issue a decision, including an order 
setting the amount of the administrative civil 
penalty to be imposed. 

(3) Orders setting civil liability issued un- 
der this Section shall become effective and final 
upon issuance, and payment shall be made within 
30 days of issuance. Copies of these orders shall 
be served by personal service or by certified mail 
upon the party served with the complaint and 
upon other persons who appeared at the hearing 
and requested a copy. 

(4) Within 30 days after service of a copy of 
a decision issued by the Director, any person so 
served may file with the superior court a petition 
for writ of mandate for review of the decision. 
Any person who fails to file the petition within 
this 30-day period may not challenge the reason- 
ableness or validity of a decision or order of the 
Director in any judicial proceedings brought to 
enforce the decision or order or for other rem- 
edies. Except as otherwise provided in this Sec- 
tion, Section 1094.5 of the California Code of 
Civil Procedure shall govern any proceedings 
conducted pursuant to this Section. In all pro- 
ceedings pursuant to this Section, the court shall 
uphold the decision of the Department if the 
decision is based upon substantial evidence in 
the whole record. The filing of a petition for writ 
of mandate shall not stay any accrual of any 
penalties assessed pursuant to this Article. This 
subdivision does not prohibit the court from 
granting any appropriate relief within its juris- 
diction. 



Sec. 1133. 



San Francisco - Health Code 



662 



(d) Injunctive Relief. 

(1) Upon the failure of any person, business 
or responsible party to comply with any require- 
ment of this Article, a permit, any regulation, a 
cease and desist order, a cleanup and abatement 
order, 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, business or responsible party from con- 
tinuing 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 in- 
junction is sought, it is not necessary to allege or 
prove at any stage of the proceeding any of the 
following: 

(A) Irreparable damage will occur should 
the temporary restraining order, preliminary in- 
junction, 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 in- 
junction in a civil action brought pursuant to this 
Article without the allegations and without the 
proof specified above. 

(e) Termination of Establishment Con- 
taining Hazardous Materials. In addition to 
other remedies, when in the judgement of the 
Director, a person or business operating an es- 
tablishment containing hazardous materials has 
not or cannot demonstrate satisfactory progress 
toward compliance with the requirements of this 
Article, the Director may remove any hazardous 
materials handled at the establishment, after 
providing written notice to the person or busi- 
ness operating the establishment and the owner 
of the real property upon which the establish- 
ment is located, by certified mail 30 days in 
advance of such action. 

(f) Notices of violation. Whenever the 
Director determines that a person, business or 
responsible party is not in compliance with the 
provisions of this Article, the Director may issue 



a notice of violation ordering the person, busi- 
ness or responsible party to comply with this 
Article. 

(g) The Director may request that the Dis- 
trict Attorney institute criminal proceedings in 
enforcement of this Article against any violation, 
the Chief of Department initiate enforcement 
procedures pursuant to the provisions of the Fire 
Code, and the Chief of Police and authorized 
agents assist in the enforcement of this Article. 

(h) Except as otherwise provided in this 
Section for administrative civil penalty orders, 
an order issued under this Section shall become 
final five days after mailing if issued by certified 
mail, or upon receipt if issued by personal ser- 
vice. 

(i) Except as otherwise provided in this Sec- 
tion for administrative civil penalty orders, any 
party who is the subject of an enforcement action 
under this Section may request a public hearing 
within 15 days of the final date of an order issued 
under this Section, but except for orders revok- 
ing or suspending a permit, the effective date of 
an order shall not be postponed solely because of 
the filing of a request for a hearing. Notice of a 
public hearing and of the final decision of the 
Director shall be given as provided in Section 
1137. (Added by Ord. 164-92, App. 6/10/92; 
amended by Ord. 399-97, App. 10/17/97) 

SEC. 1134. PENALTIES. 
(a) Criminal Penalties. 

(1) Any person or business that wilfully 
prevents, interferes with, or attempts to impede 
the enforcement of this Article by any authorized 
representative of the Director is, upon convic- 
tion, guilty of a misdemeanor. 

(2) Any person or business which violates 
Section 1151(a) shall, upon conviction, be pun- 
ished by a fine of not more than $25,000 for each 
day of violation, or by imprisonment in the 
County Jail for not more than one year, or by 
both fine and imprisonment. If the conviction is 
for a violation committed after a first conviction 
under this Section, the person or business shall 
be punished by a fine of not less than $2,000 or 
more than $50,000 per day of violation, or by 



663 



Hazardous Materials 



Sec. 1134. 



imprisonment in the State Prison for 16, 20, or 
24 months or in the County Jail for not more 
than one year, or by both fine and imprisonment. 

(3) Any person subject to the underground 
storage tank requirements of Chapter 6.7 of 
California Health and Safety Code (commencing 
with Section 25280) who falsifies any monitoring 
records required by that chapter or this Article, 
or knowingly fails to report an unauthorized 
release as required by that chapter and Section 
1151(b), shall, upon conviction, be punished by a 
fine of not less than $5,000 or more than $10,000, 
by imprisonment in the County Jail for not to 
exceed one year, or by both fine and imprison- 
ment. 

(4) Any person or business who violates 
Section 1150 shall, upon conviction, be guilty of a 
misdemeanor or an infraction. If charged as an 
infraction, upon conviction, said person or busi- 
ness shall be punishable by a fine in an amount 
not to exceed $250. If charged as a misdemeanor, 
upon conviction, said person or business shall be 
punished by imprisonment in the County Jail 
not exceeding six months or a fine not exceeding 
$500, or both. Each day each violation is commit- 
ted or permitted to continue shall constitute a 
separate offense. In addition to any peace officer, 
the following classes of employees of the City and 
County of San Francisco shall have the authority 
to enforce the provisions of this subsection: 

Class 

Number Class Title 

6120 Environmental Health Inspector 

6122 Senior Environmental Health 

Inspector 
6124 Principal Environmental Health 

Inspector 

6137 Assistant Industrial Hygienist 

6138 Industrial Hygienist 

6139 Senior Industrial Hygienist 

6140 Hazardous Materials Program 

Manager 
6126 Director, Environmental Health 

Section 
6281 Fire Safety Inspector II 

H-4 Fire Inspector 



Class 
Number 

1372 



Class Title 

Special Assistant, Environment 
Health Section 



(b) Civil Penalties. 

(1) Any business or person which violates 
the requirements of Division II of this Article or 
fails to permit an inspection required pursuant 
to this Article shall be civilly liable to the City in 
an amount of not more than $2,000 for each day 
in which the violation occurs. 

(2) Any business or person which know- 
ingly violates the requirements of Division II of 
this Article or fails to permit an inspection re- 
quired pursuant to this Article after reasonable 
notice of the violation shall be civilly liable to the 
City in an amount not to exceed $5,000 for each 
day in which the violation occurs. 

(3) Any owner of an underground storage 
tank who commits any of the violations listed in 
Section 1130(d) and (f) and any operator of an 
underground storage tank who commits any of 
the violations listed in Section 1130(d), (e) and (f) 
shall be civilly liable to the City in an amount not 
less than $500 or more than $5,000 for each 
underground storage tank for each day of viola- 
tion. 

(4) Any person who violates any require- 
ments of Articles 3 and 4 of Chapter 6.75 of the 
California Health and Safety Code, (commencing 
with Section 25299.30) shall be civilly liable to 
the City in the amount of not more than $10,000 
for each underground storage tank for each day 
of violation. 

(c) Administrative Civil Penalties. 

(1) Notwithstanding Subsection (b), any per- 
son or business who violates this Article is civilly 
liable to the Department for an administrative 
civil penalty, in an amount not to exceed $2,000 
for each day in which the violation occurs. If the 
violation results in, or significantly contributes 
to, a release or threatened release of any hazard- 
ous material, any fire, or any health or medical 
problem requiring toxicological, health, or medi- 
cal consultation, the business shall also be as- 



Sec. 1134. 



San Francisco - Health Code 



664 



sessed the full cost of the City emergency re- 
sponse, as well as the cost of cleaning up and 
disposing of the hazardous materials. 

(2) Notwithstanding Subsection (b), any per- 
son or business who knowingly violates this 
Article after reasonable notice of the violation is 
civilly liable to the Director for an administra- 
tive penalty, in an amount not to exceed $5,000 
for each day in which the violation occurs. 

(3) An administrative civil penalty shall not 
be recoverable pursuant to this subsection and 
Subsection (b) for the same violation. 

(d) The court in determining civil and crimi- 
nal penalties and the Director in determining 
administrative civil penalties imposed pursuant 
to this Article shall consider the extent of harm 
caused by the violation, the nature and persis- 
tence of the violation, the length of time over 
which the violation occurs, the frequency of past 
violations, any action taken to mitigate the vio- 
lation, and the financial burden to the violator. 

(e) Apportionment of Penalties. 

(1) Criminal and civil penalties collected 
pursuant to Subsections (a)(2) and (b)(1) and (2) 
shall be apportioned consistent with the provi- 
sions of Sections 25515.2 and 25517 of the Cali- 
fornia Health and Safety Code. 

(2) Administrative civil penalties collected 
pursuant to Subsection (c) shall be apportioned 
consistent with the provisions of Sections 
25514.5(g) and (h) of the California Health and 
Safety Code. (Added by Ord. 164- 92, App. 6/10/ 
92; amended by Ord. 399-97, App. 10/17/97) 

SEC. 1135. CIVIL ACTION FOR 
RETALIATION. 

A civil action may be instituted against any 
employer by any employee who has been dis- 
charged, demoted, suspended, or in any other 
manner discriminated against in terms or condi- 
tions of employment, or threatened with any 
such retaliation, because such employee has, in 
good faith, made any oral or written report or 
complaint related to the enforcement of this 
Article to any company official, public official or 
union official, or has testified in any proceeding 
in any way related thereto. In addition to any 



actual damages which may be awarded, dam- 
ages shall include costs and attorneys' fees. The 
Court may award punitive damages in a proper 
case. (Added by Ord. 164-92, App. 6/10/92) 

SEC. 1136. SPECIAL ASSESSMENT 
LIENS. 

(a) Cost and charges incurred by the City by 
reason of the cleanup and abatement of an un- 
authorized release; abatement of any violation of 
this Article, including but not limited to monitor- 
ing and inspection costs; a delinquency in the 
payment of a bill for fees applicable under this 
section in excess of 30 days; and any final admin- 
istrative civil penalties assessed against a per- 
son or business for violations of this Article shall 
be an obligation owed to the City by the owner of 
the property where the hazardous materials were 
handled. The City shall mail to the owner of the 
property where the hazardous materials were 
handled or the person or business against whom 
the final administrative civil penalty was as- 
sessed. Such obligation may collected by means 
of the imposition of a lien against the property of 
the owner of the property where the hazardous 
materials were handled or of the person or busi- 
ness against whom the final administrative civil 
penalty was assessed. The City shall mail to the 
owner of the property where the hazardous ma- 
terials were handled and to the person or busi- 
ness against whom the final administrative civil 
penalty 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 mailing of the notice. 

(b) Liens shall be created and assessed in 
accordance with the requirement of Article XX of 
Chapter 10 of the San Francisco Administrative 
Code (commencing with Section 10.230). (Added 
by Ord. 164-92, App. 6/10/92; amended by Ord. 
322-00, File No. 001917, App. 12/28/2000) 

SEC. 1137. DIRECTOR'S HEARINGS. 

(a) The Director shall hold a public hearing 
for the following purposes: 

(1) To issue an order that imposes an ad- 
ministrative civil penalty pursuant to Section 
1133(c) of this Article unless the party against 



665 



Hazardous Materials 



Sec. 1140. 



whom liability is to be imposed has waived the 
right to a hearing as provided in Section 1133(c); 

(2) To issue an order pursuant to Section 
1133(a) that revokes or suspends a permit; 

(3) To take public comment on a permit 
application under Section 1124, upon timely and 
proper request by a person authorized pursuant 
to Section 1124(c); 

(4) To take public comment on the approval 
of a corrective action plan or modification to a 
corrective action plan pursuant to Section 1143, 
upon timely and proper request by a person 
authorized pursuant to Section 1143(g); 

(5) To comply with a request for a public 
hearing under Section 1133(i) following an en- 
forcement action by the Director, upon timely 
and proper request by a person authorized pur- 
suant to Section 1133(i); 

(6) To hear an appeal from the levy of fee 
penalties and site investigation fees imposed 
pursuant to Sections 1120 and 1120.1. The Di- 
rector may reduce the amount of the fees only 
upon a showing of just cause, such as demon- 
strable negligence on the part of an employee or 
agent; 

(7) To take public comment on a risk man- 
agement plan pursuant to Article 21A of this 
Code. 

(b) Notices of public hearings pursuant to 
this Section shall be given by publication in a 
newspaper of general circulation in the City for 
at least two days and not less than 10 days prior 
to the date of such hearing. Written notice set- 
ting forth the date of the public hearing shall be 
sent to interested persons, including without 
limitation the hazardous materials handler and 
the property owner, by certified mail at least 10 
days in advance of the hearing. The notice shall 
state the nature and purpose of the public hear- 
ing. 

(c) In any hearing under this Article, all 
parties involved shall have the right to offer 
testimonial, documentary, and tangible evidence 
bearing on the issues, to see and copy all docu- 
ments and other information the City relies on in 
the proceeding, to be represented by counsel, and 
to confront and cross-examine any witnesses 



against them. Any hearing under this Article 
may be continued by the person conducting the 
hearing for a reasonable time for the conve- 
nience of a party or a witness. 

(d) In a hearing to issue an order setting 
liability for administrative civil penalties, the 
Director shall designate a certified court re- 
porter to report all testimony, the objections 
made, and the ruling of the Director. Fees for 
transcripts of the proceedings shall be at the 
expense of the party requesting the transcript as 
prescribed by Section 69950 of the California 
Government Code, and the original transcript 
shall be filed with the Director at the expense of 
the party ordering the transcript. 

(e) At the conclusion of a public hearing, the 
Director may take any action consistent with 
this Article and other applicable law. The Director's 
decision shall be in writing, and shall contain a 
statement of reasons in support of the decision. 
Following a public hearing, the decision of the 
Director shall be sent by certified mail to the 
handler and the property owner and any other 
interested person. 

(f) Hearings requested pursuant to Subsec- 
tions (a)(3), (a)(4), and (a)(5) shall be subject to a 
hearing fee as provided in Section 1176. 

(g) The decision of the Director to issue, 
deny, revoke, suspend, modify or renew a permit 
may be appealed to the Board of Appeals in the 
manner prescribed in Article I, Part III of the 
San Francisco Municipal Code. 

(h) The Director's action shall be final un- 
less an appeal, if provided by this Article, is filed 
in a timely manner. (Added by Ord. 164-92, App. 
6/10/92; amended by Ord. 348-92, App. 11/18/92; 
Ord. 399-97, App. 10/17/97) 

SEC. 1138. 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. (Added by Ord. 164- 
92, App. 6/10/92) 

DIVISION V 

PUBLIC DISCLOSURE AND TRADE 

SECRETS 

SEC. 1140. MAINTENANCE OF FILES. 

The Health Department shall maintain files 
of all application forms and supporting materials 



Sec. 1140. 



San Francisco - Health Code 



666 



received from persons, businesses and establish- 
ments subject to the requirements of this Article, 
and shall provide for a central data bank of 
health and safety information. These files shall 
be open to the public for inspection, by appoint- 
ment, and for reproduction upon payment of a 
fee during normal business hours at an office 
designated by the Director of Health. Computer 
data shall be provided in a form to be determined 
by the Director of Health. Said form shall be 
easily intelligible to the general public. Files 
required to be maintained pursuant to this Sec- 
tion shall be kept for a period of five years, after 
which they may be destroyed. (Added by Ord. 
164-92, App. 6/10/92; amended by Ord. 399-97, 
App. 10/17/97) 

SEC. 1141. PUBLIC DISCLOSURE. 

(a) Any person may request information 
regarding hazardous materials at an establish- 
ment from the Director of Health in accordance 
with this Section. Upon any request for a copy of 
records, the Director of Health shall, within 10 
working days after receipt of such request, take 
either of the following actions: 

(1) Provide the information requested to 
said person; or 

(2) Notify said person that the Director of 
Health has determined: 

(A) That the provision of the requested in- 
formation will take longer than 10 working days 
because of the extensive amount or complicated 
nature of the information requested, or 

(B) That said request for information is 
denied, and the reasons therefor. 

In the event of a medical emergency, the 
Director of Health and/or the Chief of Depart- 
ment shall take all measures necessary to obtain 
the information immediately. 

(b) The Director of Health shall maintain, 
for a reasonable period of time, a record of all 
persons who request access to the application 
forms and supporting materials. The record shall 
include: 

(1) The person's name, address and tele- 
phone number; 



(2) The name and address of the person, 
business or governmental agency such person 
represents; and 

(3) The identity of the specific file(s) exam- 
ined or requested to be copied. 

(c) The provisions of this Article are not 
intended to impair the power of the Director of 
Health to refuse to disclose information where 
the Director determines, pursuant to the Califor- 
nia Public Records Act, that the public interest 
served by nondisclosure outweighs the public 
interest served by disclosure. (Added by Ord. 
164- 92, App. 6/10/92; amended by Ord. 399-97, 
App. 10/17/97) 

SEC. 1142. TRADE SECRETS. 

(a) If a person or business believes that any 
information required to be reported or disclosed 
by this Article involves the release of a trade 
secret, the person or business shall provide the 
information to the Department and shall notify 
the Department in writing of that belief. The 
Department shall not disclose any properly sub- 
stantiated trade secret which is so designated by 
a person or business except in accordance with 
this Section and Section 25511 of the Health and 
Safety Code. 

(b) Information certified by appropriate of- 
ficials of the United States, as necessarily kept 
secret for national defense purposes, shall be 
accorded the full protection against disclosure as 
specified by such official or in accordance with 
the laws of the United States. 

(c) The location of explosives stored by the 
San Francisco Police Department and other law 
enforcement or government agencies shall not be 
disclosed. 

(d) Information designated as a trade secret 
may be disclosed to: 

(1) An officer or employee of the City and 
County of San Francisco, the State of California 
or the United States of America, for use in 
connection with the official duties of such officer 
or employee acting under authority of law for the 
protection of health; 




667 



Hazardous Materials 



Sec. 1143. 



(2) Persons or businesses contracting with 
the City and County and their employees if, in 
the opinion of the Director of Health, such dis- 
closure is necessary and required for the satis- 
factory performance of the work to be done under 
the contract or to protect the health and safety of 
the employees of the contractor; 

(3) Any physician where the physician cer- 
tifies in writing to the Director of Health that 
such information is necessary to the medical 
treatment of a patient; where the Director deter- 
mines that a medical emergency exists, the Di- 
rector may waive the written certification; or 

(4) Health professionals (i.e., physician, in- 
dustrial hygienist, toxicologist, epidemiologist, 
or occupational health nurse) in a nonemergency 
situation where the request is in writing and the 
request describes in reasonable detail the medi- 
cal need for the information. 

(e) When the Director of Health receives a 
request for information pursuant to Section 1141 
and the registrant or permittee has designated 
as a trade secret the information sought, the 
Director of Health shall notify the registrant or 
permittee in writing of said request by certified 
mail. The Director of Health may release the 
information 30 days after the date of mailing 
said notice, unless prior to the expiration of said 
30-day period, the registrant or permittee insti- 
tutes and thereafter prosecutes in a timely man- 
ner an action in a court of competent jurisdiction 
claiming that the information is subject to pro- 
tection as a trade secret under California law 
and seeking an injunction prohibiting disclosure 
of said information to the general public. 

(f) In adopting this Article, the Board of 
Supervisors does not intend to authorize or re- 
quire the disclosure to the public of any trade 
secrets protected under the laws of the State of 
California. 

(g) This Section is not intended to empower 
a registrant or permittee to refuse to disclose any 
information including, but not limited to, trade 
secrets, to the Director of Health either in ob- 
taining a certificate of registration or permit or 
upon demand by the Director. 



(h) Notwithstanding any other provision of 
this Article, any officer or employee of the City 
and County, or former officer or employee or 
contractor with the City or employee thereof, 
who by virtue of such employment or official 
position has obtained possession of or has had 
access to information, the disclosure of which is 
prohibited by this Section, and who knowing 
that disclosure of the information is prohibited, 
knowingly and wilfully discloses the information 
in any manner to any person or business not 
entitled to receive it, shall be guilty of a misde- 
meanor. 

(i) The Director of Health shall advise any 
person or business to whom a trade secret is 
disclosed pursuant to this Section that the dis- 
closure thereof, except as authorized by this 
Section, constitutes a misdemeanor. (Added by 
Ord. 164-92, App. 6/10/92; amended by Ord. 
399-97, App. 10/17/97) 

SEC. 1143. PUBLIC NOTICE AND 
PARTICIPATION PROCEDURES FOR 
UNDERGROUND STORAGE TANK 
RELEASES. 

(a) The procedures of this section apply to 
underground storage tank sites included in the 
Underground Storage Tank Local Oversight Pro- 
gram (LOP) through a contract between the City 
and County of San Francisco and the State 
Water Resources Control Board pursuant to Cali- 
fornia Health and Safety Code Section 25297.1. 

(b) The Department shall make available to 
the public a list of current LOP sites. 

(c) For purposes of this Article "corrective 
action plan" means any corrective action plan or 
workplan submitted to the Department pursu- 
ant to Section 2722 of Section 2725 of Title 23 of 
the California Code of Regulations. For all LOP 
sites that require a corrective action plan in 
accordance with State Water Resources Control 
Board regulations or Department guidelines or 
regulations, after a responsible party submits to 
the Department a proposed corrective action 
plan or modification to a corrective action plan, 
including a request to terminate a corrective 
action prior to meeting established clean up 



Sec. 1143. 



San Francisco - Health Code 



668 



levels, the Department shall determine the ad- 
equacy of the proposed corrective action plan or 
modification. If Department staff determine that 
the proposed corrective action plan or modifica- 
tion is adequate, the Department shall submit a 
proposed memorandum of findings to the Direc- 
tor of Health for his or her signature. 

(d) When the memorandum of findings has 
been signed and dated, the Director of Health 
shall prepare a notice of the action, which shall 
include the name of the property owner, the 
address of the site, the type of remediation, a 
summary of the Director's action and instruc- 
tions for filing a public hearing request. 

(e) The Director of Health shall publish the 
notice by: 

(1) Mailing a copy to the responsible party, 
and if different, the owner of record of the real 
property on which the LOP site is located; 

(2) Posting the notice at City Hall or at the 
Department of Health offices at 101 Grove Street; 

(3) Publishing the notice in a newspaper of 
general circulation; 

(4) For nonresidential LOP sites, posting 
the notice at the site and mailing the notice to all 
real property owners within 300 feet of the 
exterior boundaries of the real property upon 
which the site is located, using for this purpose 
the names and addresses of such owners as 
shown on the latest citywide assessment roll in 
the office of the Tax Collector. Failure to send 
notice by mail to any such property owner where 
the address of such owner is not shown on such 
assessment roll shall not invalidate any proceed- 
ings in connection with such action; 

(5) For residential LOP sites, posting the 
notice at the site; 

(6) Providing the notice in any additional 
manner that the Director shall deem appropri- 
ate, including publishing the notice in non- 
English publications serving the affected commu- 
nity 

(f) The Director's action shall be final 15 
days after the Director's publication of the notice 
of corrective action plan approval, in a newspa- 
per of general circulation, unless a public hear- 
ing is requested as provided in Subsection (g). 



(g) Any person who deems that his or her 
interests or property or that the general public 
interest will be adversely affected by the Director's 
action may request a public hearing within 15 
days of the Director's publication of a notice of 
approval of a corrective action plan or modifica- 
tion to a corrective action plan. The Director 
shall hold a public hearing after giving the notice 
provided in Section 1137. (Added by Ord. 348-92, 
App. 11/18/92) 

DIVISION VI 
UNAUTHORIZED RELEASES AND 
CLOSURES OF ESTABLISHMENTS OR 
UNDERGROUND STORAGE TANKS 

SEC. 1150. UNAUTHORIZED RELEASES 
OF HAZARDOUS MATERIALS 
PROHIBITED. 

No person shall deposit, discharge or dispose 
of any hazardous material or container holding a 
hazardous material upon any public street, side- 
walk, park or other public right-of-way or public 
place or deposit, discharge or dispose of any 
hazardous material or container holding a haz- 
ardous material in a receptacle intended for 
refuse collection unless authorized by this Ar- 
ticle or other applicable code or federal or State 
law. No person shall handle a hazardous mate- 
rial in such a manner as to cause or threaten to 
cause an unauthorized release of hazardous ma- 
terial to any public place or any parcel, lot, lands, 
water or waterways within the City and County 
of San Francisco. (Added by Ord. 164-92, App. 
6/10/92) 

SEC. 1151. REPORTING 
UNAUTHORIZED RELEASE OF 
HAZARDOUS MATERIALS. 

(a) As soon as a person or business or any 
employee, authorized representative, agent or 
designee of the business or other person who is 
required to have a certificate of registration has 
reason to conclude that an unauthorized release 
of a hazardous material may have occurred at an 
establishment, such person or business or any 
employee, authorized representative, agent or 
designee of the business or other person shall 



669 



Hazardous Materials 



Sec. 1153. 



immediately notify the Department and the Cali- 
fornia Office of Emergency Services if required 
by that agency's regulations under the circum- 
stances. 

(b) Any person who owns or operates an 
underground storage tank or who causes an 
unauthorized release at an underground storage 
tank site shall comply with all requirements of 
Chapters 6.7 and 6.75 of California Health and 
Safety Code (commencing with Section 25280) 
with respect to an unauthorized release. 

(c) The responsible party or parties of a 
hazardous materials release site cleanup shall 
be responsible for the cleanup of any unautho- 
rized or uncontrolled release and shall institute 
and complete all actions necessary to remedy the 
effects of any unauthorized release, whether 
sudden or gradual. (Added by Ord. 164-92, App. 
6/10/92; amended by Ord. 399-97, App. 10/17/97) 

SEC. 1152. PERIODIC INSPECTION 
AFTER UNAUTHORIZED RELEASE. 

Whenever an unauthorized release occurs at 
an establishment, the Department may inspect 
the establishment to determine whether contin- 
ued hazardous materials handling at such estab- 
lishment is suitable or whether the establish- 
ment should be subject to enforcement action. In 
making such a determination, the Director of 
Health shall consider the age of the establish- 
ment, the methods of containment, the concen- 
tration of the hazardous materials contained, the 
severity of a potential unauthorized release, and 
the suitability of other long-term preventive mea- 
sures that meet the objectives of this Article. 
Enforcement action may be taken by the Direc- 
tor of Health as set forth in this Article. (Added 
by Ord. 164-92, App. 6/10/92; amended by Ord. 
399-97, App. 10/17/97) 

SEC. 1153. ABANDONED 
ESTABLISHMENTS OR UNDERGROUND 
STORAGE TANKS. 

(a) Any owner of real property having rea- 
son to believe that an abandoned UST or estab- 
lishment containing hazardous materials ("haz- 
ardous materials establishment") is located on or 
under the real property or is located under the 



surface of any improved or unimproved public 
street, sidewalk, alley, court or other place dedi- 
cated for or subject to an easement for public 
access that is immediately adjacent to the real 
property shall make a reasonable effort to locate 
and identify such a hazardous materials estab- 
lishment or UST. Whenever an abandoned haz- 
ardous materials establishment or UST is lo- 
cated, said owner of real property shall file a 
plan for the closing or the upgrading and regis- 
tering or permitting of such hazardous materials 
establishment or UST within 30 days of its 
discovery. The closure plan shall conform to the 
standards specified in Section 1154 and regula- 
tions promulgated by the Director of Health. 

(b) In the event that the Director of Health 
has reason to believe that an abandoned hazard- 
ous materials establishment or UST is located on 
or under any real property within the City and 
County of San Francisco, the Director shall no- 
tify in writing the owner of the real property that 
an abandoned hazardous materials establish- 
ment or UST may be located on or under the real 
property and compliance with this Article is 
required. If the Director has reason to believe 
that an abandoned hazardous materials estab- 
lishment or UST is located under the surface of 
any improved or unimproved public street, side- 
walk, alley, court or other place dedicated for or 
subject to an easement for public access, the 
Director shall provide the notice to the owner of 
the immediately adjacent property. 

(c) If any other City official notifies a per- 
son, business or other responsible party of the 
existence of an abandoned hazardous materials 
establishment or UST on or under the person's 
property or under public property adjacent to the 
person's property, the official shall send a copy of 
the notification to the Director of Health. The 
Director of Health shall cooperate with such City 
official to ensure that the abandoned hazardous 
materials establishment or UST is registered or 
permitted or closed in conformity with this Ar- 
ticle. (Added by Ord. 164-92, App. 6/10/92; 
amended by Ord. 399-97, App. 10/17/97) 



Sec. 1154. 



San Francisco - Health Code 



670 



SEC. 1154. CLOSURE OF 
ESTABLISHMENTS OR UNDERGROUND 
STORAGE TANKS. 

(a) Any person or business who owns or 
operates any establishment or UST subject to 
the certificate of registration or permit require- 
ments of this Article and the owner of the real 
property upon which the establishment or UST 
is located shall either obtain a valid certificate of 
registration or permit or file a closure plan in 
accordance with this Section. 

(b) Except as otherwise provided in Subsec- 
tions (e) and (f), the responsible party or parties 
shall close an establishment or UST in accor- 
dance with a closure plan filed with and ap- 
proved by the Director of Health. The closure 
plan shall be designed at a minimum to meet the 
following objectives: 

(1) Eliminate the need for further mainte- 
nance of the closed storage facility or establish- 
ment; 

(2) Ensure that a threat to public health or 
safety or to the environment from residual haz- 
ardous materials in the UST or establishment or 
the release of hazardous materials from the UST 
or establishment is eliminated; and 

(3) Ensure that the removal, disposal, neu- 
tralization, or reuse of the hazardous materials 
that were stored in or released from the UST or 
establishment is accomplished in an appropriate 
manner. 

(c) The Director may promulgate regula- 
tions implementing the closure plan objectives 
specified in this Section and specifying addi- 
tional requirements for closure plans that the 
Director determines are necessary for the protec- 
tion of public health and safety and the environ- 
ment. 

(d) A person or business shall apply for 
approval to close such UST or establishment and 
pay all applicable fees not less than 30 days prior 
to the termination of the storage of hazardous 
materials at the UST or establishment. 

(e) Notwithstanding Subsection (b), under- 
ground storage tanks shall be closed and sites 
remediated in conformity with all applicable 
requirements of Chapters 6.7 and 6.75 of the 



California Health and Safety Code (commencing 
with Section 25280), and implementing regula- 
tions of the State Water Resources Control Board 
and the Health Commission. For a nonresiden- 
tial site included in the Underground Storage 
Tank Local Oversight Program (LOP) that re- 
quires a corrective action plan pursuant to State 
Water Resources Control Board regulations or 
Department guidelines or regulations, the respon- 
sible party shall submit to the Department, as 
part of a proposed corrective action plan, a Com- 
munity Health and Safety Plan which addresses 
community health and safety issues reasonably 
expected to arise during assessment and reme- 
diation activities. A Community Health and Safety 
Plan shall meet the following objectives: assure a 
safe and healthy environment for the public; 
minimize hazards, accidents, off-site releases 
and community exposures due to site activities; 
and assure an appropriate level of community 
awareness. In the case of an underground stor- 
age tank located under the surface of any im- 
proved or unimproved public street, sidewalk, 
alley, court or other place dedicated for or subject 
to an easement for public access, the person that 
owns or operates the underground storage tank 
or the owner of the immediately adjacent real 
property shall be responsible for closure of the 
underground storage tank, with the exception of 
an underground storage tank installed solely for 
the benefit of the City and County of San Fran- 
cisco. 

(f) Notwithstanding Subsection (b), if the 
closure of any UST or establishment subject to 
regulation under this Article is within the juris- 
diction of any federal or State agency, the Direc- 
tor of Health shall request the appropriate fed- 
eral or State agency to determine closure 
requirements for the UST or establishment. 
(Added by Ord. 164-92, App. 6/10/92; amended 
by Ord. 348-92, App. 11/18/92; Ord. 399-97, App. 
10/17/97) 

SEC. 1155. OBLIGATIONS OF 
RESPONSIBLE PARTIES FOR CLOSURE 
AND CLEANUP. 

(a) Any responsible party who undertakes 
action to remedy the effects of unauthorized 
release(s) or close an establishment or UST shall 



671 



Hazardous Materials 



Sec. 1161.1. 



not be barred by this Article from seeking to 
recover appropriate costs and expenditures from 
other responsible parties. 

(b) Each responsible party shall be jointly 
and severally liable to the City and County of 
San Francisco for all costs incurred in any clo- 
sure or remedial action taken by the City pursu- 
ant to the provisions of Section 1131 or Section 
1133(b) of this Article and the Department's 
administrative costs for reviewing and approv- 
ing closure, remedial action and corrective action 
plans and carrying out the public notice and 
participation procedures of Section 1143 of this 
Article. These costs shall constitute a debt pay- 
able to the City. 

(c) The person or business who handles 
hazardous materials regulated by this Article 
shall indemnify, hold harmless and defend the 
City against any claim, cause of action, disabil- 
ity, loss, liability, damage, cost or expense, how- 
soever arising, which occurs by reason of an 
unauthorized release or a closure action under- 
taken in connection with the handling of hazard- 
ous materials regulated by this Article by the 
person or business except as arises from the 
City's sole willful act or sole active negligence. 
(Added by Ord. 164-92, App. 6/10/92; amended 
by Ord. 348-92, App. 11/18/92; Ord. 399-97, App. 
10/17/97) 

DIVISION VII 
INSPECTION AND RECORDS 

SEC. 1160. INSPECTIONS BY 
DIRECTOR OF HEALTH. 

In order to carry out the purposes of this 
Article, the Director of Health, or any duly 
authorized representative, has the authority speci- 
fied in Section 25508 of Chapter 6.95 of the 
California Health and Safety Code, to inspect 
any establishment, building or premises subject 
to registration under this Article, including any 
place where an underground storage tank is 
located or records relevant to its operation are 
kept, or any place where the Director has reason 
to believe an unauthorized release of a hazard- 
ous material has occurred, is occurring or is 
threatening to occur. The Director of Health, or 



any duly authorized representative, has the au- 
thority specified in Section 25185.5 of Chapter 
6.5 of the California Health and Safety Code, 
with respect to real property which is within 
2,000 feet of any place specified above. The 
authority conferred by this Section includes the 
authority to conduct any monitoring or testing of 
an underground storage tank system and to 
inspect for hazardous materials in addition to 
hazardous waste. This right of entry shall be 
exercised only at reasonable hours, and entry 
shall be made to any establishment or property 
only with the consent of the owner or tenant 
thereof, or with a proper inspection warrant or 
other remedy provided by law to secure entry. 
The Director shall cause to be corrected any 
conditions which would constitute a violation of 
this Article or of any other statute, code, rule, or 
regulation affecting the handling of hazardous 
materials. (Added by Ord. 164-92, App. 6/10/92; 
amended by Ord. 399-97, App. 10/17/97) 

SEC. 1161. INSPECTIONS BY 
REGISTRANT OR PERMITTEE. 

(a) The registrant or permittee shall con- 
duct regular inspections of its own establish- 
ments at least quarterly to assure compliance 
with this Article and shall maintain logs or file 
reports as required by the Director of Health. 
Documentation of inspections shall be kept ei- 
ther on forms provided by the Director of Health 
or on alternate forms, provided that the alter- 
nate forms contain all of the information found 
on the forms provided by the Director. Documen- 
tation of inspections shall be made available by 
the registrant or permittee upon request. 

(b) The Director of Health may require the 
owner or operator of an underground storage 
tank, upon request, to submit any information 
relevant to the compliance with this Article, to 
conduct monitoring or testing, and to report the 
results of that monitoring or testing under pen- 
alty of perjury. (Added by Ord. 164-92, App. 
6/10/92; amended by Ord. 168-95, App. 5/26/95) 

SEC. 1161.1. SPECIAL INSPECTIONS. 

In addition to the inspections specified above, 
the Director of Health may require the periodic 



Sec. 1161.1. 



San Francisco - Health Code 



672 



employment of special inspectors to conduct an 
audit or assessment of a registrant or permittee's 
establishment to make a hazardous material 
safety evaluation and to determine compliance 
with the provisions of this Article. 

(a) An inspector shall demonstrate exper- 
tise in proper containment of hazardous materi- 
als to the satisfaction of the Director of Health in 
order to qualify as a special inspector. 

(b) The special inspection report shall in- 
clude an evaluation of the establishment and its 
storage facilities and recommendations consis- 
tent with the provisions of this Article where 
appropriate. A copy of the report shall be filed 
with the Director of Health at the same time that 
it is submitted to the registrant or permittee. 

(c) The registrant or permittee shall, within 
30 days of said report, file with the Director of 
Health a plan to implement all recommenda- 
tions, or shall demonstrate to the satisfaction of 
the Director of Health why such recommenda- 
tions shall not be implemented. (Added by Ord. 
164-92, App. 6/10/92) 

SEC. 1161.2. SUBSTITUTED 
INSPECTIONS. 

An inspection by an employee of any other 
public agency may be deemed by the Director of 
Health as a substitute for any requirement of 
Section 1161.1 upon determination by the Direc- 
tor of Health that said employee is qualified to 
make such an inspection. (Added by Ord. 164-92, 
App. 6/10/92) 

SEC. 1162. MAINTENANCE OF 
RECORDS BY PERSON OR BUSINESS. 

All records required by this Article shall be 
maintained by the person or business at the 
establishment and said records shall be made 
available to the Director of Health for inspection 
during normal working hours and upon reason- 
able notice. (Added by Ord. 164-92, App. 6/10/92; 
amended by Ord. 399-97, App. 10/17/97) 

DIVISION VIII 
MISCELLANEOUS 

SEC. 1170. REGULATIONS. 

(a) The Director of Health shall adopt and, 
from time to time, may amend reasonable regu- 
lations implementing the provisions and intent 



of this Article. Said regulations shall be ap- 
proved by the Health Commission at a public 
hearing. In addition to the notices required by 
law, before the Health Commission approves the 
issuance or amendment of any rule or regula- 
tion, the Director of Health shall provide a 30- 
day public comment period by providing pub- 
lished notice in an official newspaper of general 
circulation in the City and County of San Fran- 
cisco of the intent to issue or amend the rule or 
regulation. 

(b) Regulations promulgated by the Direc- 
tor of Health shall be designed to protect the 
public health, safety and welfare from the haz- 
ards arising from the handling of hazardous 
materials. In developing such regulations, the 
Director of Health shall consider, among other 
things, State and federal statutes and regula- 
tions pertaining to hazardous materials and con- 
sensus standards such as those published by the 
National Fire Protection Association (NFPA) with 
the purpose of coordinating local regulations 
with them. The Director of Health shall also 
consult with other City departments, bureaus 
and commissions and other public agencies with 
jurisdiction over hazardous materials regula- 
tion, in developing said regulations. 

(c) Regulations promulgated by the Direc- 
tor of Health and approved by the Health Com- 
mission shall be maintained in the Office of the 
Clerk of the Board of Supervisors. (Added by 
Ord. 164-92, App. 6/10/92) 

SEC. 1171. DISCLAIMER OF LIABILITY. 

(a) The degree of protection required by this 
Article is considered reasonable for regulatory 
purposes. The standards set forth in this Article 
are minimal standards and do not imply that 
compliance will ensure no unauthorized release 
of hazardous material. 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 admin- 
istrative decision lawfully made pursuant to this 
Article. All persons handling hazardous materi- 
als within the City should be and are advised to 



673 



Hazardous Materials 



Sec. 1175.1. 



determine to their own satisfaction the level of 
protection desirable to ensure no unauthorized 
release of hazardous materials. 

(b) In undertaking this program to obtain 
disclosure of information relating to the location 
of hazardous materials, the City and County of 
San Francisco is assuming an undertaking only 
to promote the general welfare. It is not assum- 
ing, nor is it imposing on its officers and employ- 
ees, 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. 164-92, 
App. 6/10/92) 

SEC. 1172. 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. 164-92, App. 6/10/92) 

SEC. 1173. CONFLICT WITH OTHER 
LAWS. 

Notwithstanding any other provision of this 
Article: 

A person or business is exempted from any 
provisions of this Article that conflict with State 
or federal law or regulations to which person or 
business is subject. (Added by Ord. 164-92, App. 
6/10/92) 

SEC. 1174. SEVERABILITY. 

If any section, subsection, sentence, clause, 
or phrase of this Article is for any reason held to 
be invalid or unconstitutional by a decision of 
any court of competent jurisdiction, such deci- 



sion shall not affect the validity of the remaining 
portions of the Article. The Board of Supervisors 
hereby declares that it would have passed this 
Article and each and every section, subsection, 
sentence, clause, or phrase not declared invalid 
or unconstitutional without regard to whether 
any portion of the Article would be subsequently 
declared invalid or unconstitutional. (Added by 
Ord. 164-92, App. 6/10/92) 

SEC. 1175. FEES. 

The Director of Health, through the Health 
Commission, shall recommend to the Board of 
Supervisors appropriate processing, registra- 
tion, permit and related fees sufficient to pay for 
but not exceed the costs in administering this 
Article. Such fees shall include, but not be lim- 
ited to: 

(a) The cost of inspection and enforcement 
action performed by authorized hazardous mate- 
rials inspectors; 

(b) The cost of the appeals process; 

(c) The cost of filing and processing docu- 
ments; 

(d) The cost of printing forms and informa- 
tional brochures by the Director of Health; 

(e) The cost of setting up and running a 
centralized computer data bank on hazardous 
materials; 

(f) Other expenses incurred by the City and 
County of San Francisco in implementing and 
enforcing this Article. (Added by Ord. 164-92, 
App. 6/10/92) 

SEC. 1175.1. DELINQUENT FEES. 

All fees shall be due and payable within 30 
days of the date of issuance of a notice of pay- 
ment due. Delinquent fees shall be subject to a 
penalty of 10 percent plus interest at the rate of 
one percent per month on the outstanding bal- 
ance which shall be added to the amount of the 
fee collected from the date that payment is due. 
In addition, the City may impose a lien against 
the property as provided in Article XX of Chapter 



Sec. 1175.1. 



San Francisco - Health Code 



674 



10 of the San Francisco Administrative Code 
(commencing with Section 10.230). (Added by 
Ord. 164-92, App. 6/10/92; amended by Ord. 
322-00, File No. 001917, App. 12/28/2000) 

SEC. 1175.2. REFUND OF FEES. 

Permit and registration applicants shall not 
be entitled to a refund or rebate of a fee because 
the permit or certificate of registration is denied 
or application withdrawn. Permit or registration 
fees are not refundable if the person or business 
discontinues the activity or use of an establish- 
ment prior to the expiration of the term or if the 
permit is suspended or revoked prior to the 
expiration of the term. (Added by Ord. 164-92, 
App. 6/10/92) 

SEC. 1175.3. NOT EXEMPTED FROM 
PAYING OTHER FEES. 

Payment of fees as provided in this Article, 
Article 21A or Article 22 does not exempt the 
person or business from payment of any other 
charges which may be levied pursuant to other 
sections of the San Francisco Municipal Code or 
written rules and regulations of any department 
relating to the permit or registration. (Added by 
Ord. 164-92, App. 6/10/92; amended by Ord. 
399-97, App. 10/17/97) 

SEC. 1175.4. REVIEW OF FEES. 

The Director of Health shall cause an annual 
report to be made and filed with the Controller 
no later than April 1st of each year as set forth in 
Section 3.7 of the San Francisco Administrative 
Code. 

The Controller shall file said report with the 
Board of Supervisors no later than May 15th of 
each year along with a proposed ordinance read- 
justing the fee rates as necessary to ensure that 
they produce sufficient revenue to support the 
costs of providing the services for which each fee 
is assessed. After receipt of the report, the Board 
of Supervisors shall, by ordinance, establish or 
readjust the rates for certificates of registration, 
permits, inspections, and other related hazard- 



ous materials and hazardous waste fees set forth 
in this Article, Article 21A, or Article 22. (Added 
by Ord. 164-92, App. 6/10/92; amended by Ord. 
399-97, App. 10/17/97) 

SEC. 1175.5. DETERMINATION OF 
PERCENTAGE OF FEES CREDITED TO 
OTHER DEPARTMENTS. 

Each year the Controller shall determine 
what percentage of any fee charged pursuant to 
this Article, Article 21A and Article 22 offsets the 
costs incurred by City departments other than 
the Health Department in regulating and inspect- 
ing activities authorized by certificates of regis- 
tration or permits issued by the Health Depart- 
ment pursuant to this Article, Article 21A and 
Article 22 and the appropriate percentage of 
such fees shall be credited by the Health Depart- 
ment to the other departments; provided, how- 
ever, the Health Department shall not charge for 
the Fire Department's costs if the materials 
stored or activities at the establishment are 
subject to the permit requirements of the Fire 
Code (Part II, Chapter 4) and shall not charge for 
permit review by the City Planning Department 
if the owner of the establishment is required to 
obtain a building permit or previously has re- 
ceived a Health Department, Police Department 
or Fire Department permit based on the same 
materials, activities or use. (Added by Ord. 164- 
92, App. 6/10/92; amended by Ord. 399-97, App. 
10/17/97) 

SEC. 1176. HAZARDOUS MATERIALS 
FEE SCHEDULE. 

(a) Fees Generally. Fees for services and 
regulatory functions of the Department of Public 
Health pursuant to this Article shall be as pro- 
vided in this Section. 

(b) State Surcharge. Registrants and per- 
mittees subject to the requirements of this Ar- 
ticle shall pay the annual State surcharge for 
general program oversight, along with any pro- 
gram-specific service charges established by the 
Secretary of the California Environmental Pro- 
tection Agency pursuant to Health and Safety 
Code Section 25404.5(b). 



675 



Hazardous Materials 



Sec. 1176. 



(c) Hazardous Materials Registration 
Fees. 

(1) Registration fees shall be payable on the 
filing of a complete application for a certificate of 
registration and on annual renewal. On the 
filing of an addendum disclosing increased quan- 
tities or previously undisclosed hazardous mate- 
rials, a registration fee is due equal to the 
difference between the most recently charged 
registration fee and the fee due taking into 
account the information in the addendum. 

(2) Registration fees shall be as follows: 

(A) Temporary certificate of registration, $143 
for fiscal year 2004 (beginning July 1, 2004), 
$151 for fiscal year 2005 (beginning July 1, 
2005), $159 for fiscal year 2006 (beginning July 
1, 2006); 

(B) Freight forwarding and freight transpor- 
tation services establishments, $285 for fiscal 
year 2004 (beginning July 1, 2004), $301 for 
fiscal year 2005 (beginning July 1, 2005), $319 
for fiscal year 2006 (beginning July 1, 2006); 



(C) For all other registrants subject to this 
Article, a fee determined by the total quantity of 
liquids, quantity of solids and quantity of gases 
required to be registered by the establishment, 
excluding hazardous materials contained in un- 
derground storage tanks. The applicable fee shall 
be determined by adding together the appropri- 
ate quantity groups as set forth in Chart I for 
liquids, solids and gases at the establishment 
(excluding hazardous materials contained in un- 
derground storage tanks) in order to arrive at a 
quantity group total. The corresponding fee for 
each quantity group total is set forth in Chart II. 

(D) An establishment required to obtain a 
UST permit which does not have any above- 
ground storage of hazardous materials subject to 
this Article shall be exempt from payment of a 
registration fee. 



CHA 
QUANTITY 


HTI 

{ GROUPS 


Group 
No. 


Quantity of Liquids 
(Gallons) 


Quantity of Solids 
(Pounds) 


Quantity of Gases 
(Cubic Feet) 


1 


less than 55 


less than 500 


less than 200 


2 


55—99 


500—999 


200—1,499 


3 


100—499 


1,000—1,499 


1,500—2,499 


4 


500—999 


1,500—1,999 


2,500—3,999 


5 


1,000—1,499 


2,000—3,499 


4,000—4,999 


6 


1,500—1,999 


3,500—4,999 


5,000—5,999 


7 


2,000—2,749 


5,000—7,499 


6,000—6,999 


8 


2,750—3,499 


7,500—9,999 


7,000—7,999 


9 


3,500—4,499 


10,000—14,999 


8,000—8,999 


10 


4,500—5,499 


15,000—19,999 


9,000—9,999 


11 


5,500—6,499 


20,000—24,999 


10,000—12,499 


12 


6,500—7,499 


25,000—29,999 


12,500—14,999 


13 


7,500—8,999 


30,000—39,999 


15,000—17,499 


14 


9,000—9,999 


40,000—49,999 


17,500—19,999 


15 


10,000 or greater 


50,000 or greater 


20,000 or greater 



Sec. 1176. 



San Francisco - Health Code 



676 



CEF 


CHART II 
nTFICATE OF REGISTRATION FEE SCHEDULE 


Quantity 
Group Total 


Registration Fee 


Fiscal Year 2004 


Fiscal Year 2005 


Fiscal Year 2006 


1 


$234 


$247 


$261 


2 


$244 


$258 


$273 


3 


$265 


$280 


$296 


4 


$317 


$335 


$354 


5 


$359 


$380 


$401 


6 


$403 


$425 


$449 


7 


$445 


$470 


$497 


8 


$489 


$517 


$546 


9 


$531 


$562 


$593 


10 


$573 


$605 


$639 


11 


$637 


$673 


$711 


12 


$702 


$741 


$783 


13 


$766 


$809 


$855 


14 


$829 


$876 


$926 


15 


$895 


$946 


$999 


16 


$957 


$1,012 


$1,069 


17 


$1,022 


$1,080 


$1,141 


18 


$1,085 


$1,147 


$1,212 


19 


$1,151 


$1,216 


$1,285 


20 


$1,224 


$1,293 


$1,366 


21 


$1,299 


$1,372 


$1,450 


22 


$1,374 


$1,451 


$1,534 


23 


$1,449 


$1,531 


$1,617 


24 


$1,525 


$1,611 


$1,702 


25 


$1,598 


$1,688 


$1,784 


26 


$1,673 


$1,767 


$1,868 


27 


$1,748 


$1,847 


$1,951 


28 


$1,832 


$1,936 


$2,046 


29 


$1,917 


$2,025 


$2,140 


30 


$2,003 


$2,117 


$2,237 


31 


$2,089 


$2,207 


$2,332 


32 


$2,174 


$2,297 


$2,427 


33 


$2,259 


$2,387 


$2,522 


34 


$2,345 


$2,477 


$2,618 


35 


$2,430 


$2,568 


$2,713 


36 


$2,515 


$2,657 


$2,808 


37 


$2,601 


$2,749 


$2,904 


38 


$2,686 


$2,838 


$2,999 


39 


$2,750 


$2,906 


$3,071 


40 


$2,814 


$2,973 


$3,142 


41 


$2,878 


$3,041 


$3,214 


42 


$2,951 


$3,118 


$3,295 


43 


$2,985 


$3,154 


$3,333 


44 


$3,028 


$3,200 


$3,381 


45 


$3,071 


$3,245 


$3,428 



677 



Hazardous Materials 



Sec. 1176. 



(d) UST Permit Fees. A person required to 
obtain a UST permit shall pay an annual fee for 
each tank at each site $270 for fiscal year 2004 
(beginning July 1, 2004), $285 for fiscal year 
2005 (beginning July 1, 2005), $301 for fiscal 
year 2006 (beginning July 1, 2006). 



(e) Miscellaneous Other Fee Schedules. 

Other hazardous materials fees shall be as follows: 



TYPE OF FEE 


AMOUNT 


Fiscal Year 2004 


Fiscal Year 2005 


Fiscal Year 2006 


Application fee for UST repair, modifica- 
tion, removal, or closure approval and up to 
three hours field inspection, per site 


$724 


$765 


$808 


Field inspection fee, per hour (business 
hours) 


$137 


$145 


$153 


Field inspection fee, per hour (Saturday, 
Sunday, evenings) 


$206 


$218 


$230 


Permit review by Department of City Plan- 
ning 


$70 


$74 


$78 


Closure plan processing fee and up to three 
hours of plan review 


$448 


$473 


$500 


Closure plan review exceeding three hours, 
per hour 


$137 


$145 


$153 


Consultation fee, per hour 


$137 


$145 


$153 


Director's hearing pursuant to Sections 
1137(a)(3), (4), (5), and (7) 


$220 


$232 


$245 


Application fee for a Voluntary Remedial 
Agreement with the Director 


$390 


$414 


$439 


Voluntary Remedial Agreement Fee, hourly 
rate 


$137 


$145 


$153 



(f) Additional Fees as Penalties. Addi- 
tional fees assessed pursuant to Sections 1120 
and 1120.1 shall be as follows: 



TYPE OF FEE 


AMOUNT 


Fiscal Year 2004 


Fiscal Year 2005 


Fiscal Year 2006 


Site investigation (maximum) 


$894 


$945 


$998 


Failure to timely obtain a Certificate of 
Registration or obtain a UST permit, unless 
otherwise provided in this section 


$368 


$389 


$411 


Failure to timely register a temporary stor- 
age facility 


$143 


$151 


$159 



Sec. 1176. 



San Francisco - Health Code 



678 



TYPE OF FEE 


AMOUNT 


Fiscal Year 2004 


Fiscal Year 2005 


Fiscal Year 2006 


Failure to obtain approval to modify, repair, 
close, or remove an UST 


$894 


$945 


$998 


Failure to schedule a site inspection prior 
to the modification, closure, or removal of 
an UST 


$448 


$473 


$500 



(g) Application Fee for New Certificate 
of Registration. Registrants and permittees 
shall pay an application fee for a new Certificate 
of Registration $143 for fiscal year 2004 (begin- 
ning July 1, 2004), $151 for fiscal year 2005 
(beginning July 1, 2005), $159 for fiscal year 
2006 (beginning July 1, 2006). 

(h) Hazardous Materials and Hazard- 
ous Waste Base Fee. Any business that is 
subject to requirements of Articles 21, 21A and/or 
22 shall pay an annual base fee $143 for fiscal 
year 2004 (beginning July 1, 2004), $151 for 
fiscal year 2005 (beginning July 1, 2005), $159 
for fiscal year 2006 (beginning July 1, 2006). 
This subsection shall not apply to Minimal Quan- 
tity Generator as defined in Section 1204(b) of 
Article 22 of this Code. 

(i) Beginning with fiscal year 2007-2008, no 
later than April 15 of each year, the Controller 
shall adjust the fees provided in this Article to 
reflect changes in the relevant Consumer Price 
Index, without further action by the Board of 
Supervisors. In adjusting the fees, the Controller 
may round these fees up or down to the nearest 
dollar, half-dollar or quarter-dollar. The Director 
shall perform an annual review of the fees sched- 
uled to be assessed for the following fiscal year 
and shall file a report with the Controller no 
later than May 1st of each year, proposing, if 
necessary, an adjustment to the fees to ensure 
that costs are fully recovered and that fees do not 
produce significantly more revenue than re- 
quired to cover the costs of operating the pro- 
gram. The Controller shall adjust fees when 
necessary in either case. (Added by Ord. 164-92, 
App. 6/10/92; amended by Ord. 168-95, App. 
5/26/95; Ord. 399-97, App. 10/17/97; Ord. 158-99, 
File No. 990761, App. 6/11/99; Ord. 184-04, File 
No. 040747, App. 7/22/2004) 



[The next page is 701] 



ARTICLE 21A: RISK MANAGEMENT PROGRAM 



Sec. 1180. Scope and Intent. 

Sec. 1181. Definitions. 
Sec. 1182. Submission of RMP. 
Sec. 1183. Notice of Deficiency and 

Submission of Corrected RMP. 
Sec. 1184. Public Review and Comment on 

RMPs. 
Sec. 1185. Terms, Renewals and 

Implementation. 
Sec. 1186. Modification of Facility or 

Regulated Substance Handling. 
Sec. 1187. RMP Prior to Approval of a 

Development Project or 

Issuance of a Building Permit. 
Sec. 1188. Inspections and Access to 

Information. 
Sec. 1189. Stationary Sources Subject to 

Hazardous Materials Program. 
Sec. 1190. Penalties. 
Sec. 1191. Fees and Charges. 

Sec. 1192. Collection, Administration and 

Review of Fees. 
Sec. 1193. Trade Secrets. 
Sec. 1194. Authority to Adopt Rules, 

Regulations and Guidelines. 
Sec. 1195. Severability. 

Sec. 1196. Disclaimer of Liability. 
Sec. 1197. Duties are Discretionary. 

Sec. 1198. Conflict with Other Laws. 

SEC. 1180. SCOPE AND INTENT. 

This Article is intended to authorize the 
Department of Public Health, as the certified 
unified program agency approved pursuant to 
Chapter 6.11 of the Health and Safety Code, to 
implement the program for prevention of acci- 
dental releases set forth in Chapter 6.95 (com- 
mencing with Article 2) of the Health and Safety 
Code, and any implementing regulations, to- 
gether with the additional local requirements set 



forth in this Article. The Director shall have all 
of the powers and authority granted to a certified 
unified program agency to implement and en- 
force Article 2 of Chapter 6.95 of the Health and 
Safety Code, in addition to local requirements 
imposed by this Article. (Added by Ord. 399-97, 
App. 10/17/97) 

SEC. 1181. DEFINITIONS. 

(a) "Covered process" means a process that 
has a regulated substance present in more than 
a threshold quantity, as determined pursuant to 
Section 68.115 of Title 40 of the Code of Federal 
Regulations. 

(b) "Department" shall mean the San Fran- 
cisco Department of Public Health. 

(c) "Director" shall mean the Director of the 
Department of Public Health. 

(d) "Qualified person" means a person who 
is qualified to attest, at a minimum, to the 
completeness of an RMP. 

(e) "Regulated substance" means any sub- 
stance which is either of the following: 

(1) A regulated substance listed in Section 
68.130 of Title 40 of the Code of Federal Regula- 
tions pursuant to Paragraph (3) of Subsection (r) 
of Section 112 of the Clean Air Act (42 U.S.C. 
Section 7412(r)(3)); or 

(2) An extremely hazardous substance listed 
in Appendix A of Part 355 of Title 40 of the Code 
of Federal Regulations which is any of the fol- 
lowing: 

(A) A gas at standard temperature and pres- 
sure, 

(B) A liquid with a vapor pressure at stan- 
dard temperature and pressure equal to or greater 
than 10 millimeters mercury, 

(C) A solid that is one of the following: 

(i) In solution, in molten form, 

(ii) In powder form with a particle size less 
than 100 microns, or 



701 



Sec. 1181. 



San Francisco - Health Code 



702 



(iii) Reactive with a National Fire Protec- 
tion Association rating of 2, 3, or 4, 

(D) A substance that is determined by the 
State of California to either: 

(i) Meet one or more of the criteria set forth 
in Clauses (A), (B), or (C), or 

(ii) Pose a regulated substance accident risk 
pursuant to Section 25543.3 of the Health and 
Safety Code. 

(f) "RMP" means the risk management plan 
required under Subpart G of Part 68 of Title 40 of 
the Code of Federal Regulations or Article 2, 
Chapter 6.95 of the Health and Safety Code, in 
addition to local requirements imposed under 
this Article. 

(g) "Regulated substance accident risk" 
means a potential for the accidental release of a 
regulated substance into the environment which 
could produce a significant likelihood that per- 
sons exposed may suffer acute health effects 
resulting in significant injury or death. 

(h) "Stationary source" means any build- 
ings, structures, equipment, installations, or sub- 
stance-emitting stationary activities which be- 
long to the same industrial group, which are 
located on one or more contiguous properties, 
which are under the control of the same person 
(or persons under common control), and from 
which an accidental release may occur. A station- 
ary source includes transportation containers 
that are no longer under active shipping papers 
and transportation containers that are con- 
nected to equipment at the stationary source for 
the purposes of temporary storage, loading, or 
unloading. The term "stationary source" does not 
include transportation, including storage inci- 
dent to transportation, of any regulated sub- 
stance or any other extremely hazardous sub- 
stance under the provisions of this Article, if that 
transportation is regulated under Part 192, Part 
193, or Part 195 of Title 49 of the Code of Federal 
Regulations. Properties shall not be considered 
contiguous solely because of a railroad or gas 
pipeline right-of-way. 

(i) "Threshold quantity" means the quan- 
tity of a regulated substance that is determined 
to be present at a stationary source in the 



manner specified in Section 68.115 of Title 40 of 
the Code of Federal Regulations and that is the 
lesser of the following: 

(1) The threshold quantity for the regulated 
substance specified in Section 68.130 of Title 40 
of the Code of Federal Regulations; 

(2) The "State threshold quantity" as that 
term is defined in Section 25532(j) of the Health 
and Safety Code. (Added by Ord. 399-97, App. 
10/17/97) 



SEC. 1182. SUBMISSION OF RMP. 

(a) The owner or operator of a stationary 
source shall prepare and submit an RMP if an 
RMP is required pursuant to Part 68 of Title 40 
of the Code of Federal Regulations not later than 
the date specified in 40 CFR 68.150. An RMP 
required under this subsection shall be prepared 
in accordance with those regulations, the appli- 
cable requirements of Article 2 of Chapter 6.95 of 
the Health and Safety Code and any State imple- 
menting regulations, and shall be submitted to 
the Director and the United States Environmen- 
tal Protection Agency. 

(b) For any stationary source with one or 
more covered processes that is not otherwise 
required to prepare an RMP pursuant to Subsec- 
tion (a), the Director shall make a preliminary 
determination whether there is a significant 
likelihood that the use by a stationary source of 
regulated substances may pose a regulated sub- 
stances accident risk. 

( 1 ) If the Director determines that there is a 
significant likelihood of a regulated substances 
accident pursuant to this Article and Article 2 of 
Chapter 6.95 of the Health and Safety Code, the 
Director shall require the stationary source to 
prepare and submit an RMP, or the Director may 
reclassify the covered process from Program 2 to 
Program 3, as specified in Part 68 of Title 40 of 
the Code of Federal Regulations. 



703 



Risk Management Program 



Sec. 1185. 



(2) If the Director determines that there is 
not a significant likelihood of a regulated sub- 
stances accident risk pursuant to Article 2 of 
Chapter 6.95 of the Health and Safety Code, the 
Director may do either of the following: 

(A) Require the preparation and submis- 
sion of an RMP, but the Director need not do so if 
he or she determines that the likelihood of a 
regulated substances accident is remote, unless 
otherwise required by federal law; or 

(B) Reclassify a covered process from Pro- 
gram 3 to Program 2 or from Program 2 to 
Program 1, as specified in Part 68 of Title 40 of 
the Code of Federal Regulations, unless the 
classification of the covered process is specified 
in those regulations. 

(3) Where an RMP is required only pursu- 
ant to this subsection, the RMP shall be submit- 
ted to the Director. 

(c) Each RMP required to be prepared pur- 
suant to this Section shall be prepared and 
submitted in accordance with the provisions of 
Article 2, Chapter 6.95 of the Health and Safety 
Code and any implementing regulations. The 
RMP, and any revisions, shall comply with all 
information, notification and certification require- 
ments specified in Article 2, Chapter 6.95 of the 
Health and Safety Code and any implementing 
regulations. The owner or operator of a station- 
ary source shall provide any additional technical 
or clarifying information in its possession deemed 
necessary by the Director to clarify the RMP or 
which is reasonably necessary to determine the 
sufficiency of the RMP. An RMP required to be 
prepared pursuant to this Section shall be certi- 
fied as complete by a qualified person and by the 
owner or operator of the stationary source. (Added 
by Ord. 399-97, App. 10/17/97) 

SEC. 1183. NOTICE OF DEFICIENCY 
AND SUBMISSION OF CORRECTED RMP. 

The Director shall review the completed and 
certified RMP and notify the stationary source of 
any deficiencies. The stationary source shall 
submit a corrected RMP within 60 days of the 
notification of deficiency, unless granted a one- 
time extension of no more than 30 days by the 



Director. The Director may authorize the Bay 
Area Air Quality Management District 
("BAAQMD") to conduct a technical review of the 
RMP. (Added by Ord. 399-97, App. 10/17/97) 

SEC. 1184. PUBLIC REVIEW AND 
COMMENT ON RMPS. 

(a) Within 15 days after the Director deter- 
mines the RMP is complete, the Director shall 
make the RMP available to the public for review 
and comment for a period of at least 45 days. 
Upon receiving a written request during the 
public comment for a public hearing, the Direc- 
tor shall hold a public hearing on the RMP in 
accordance with Section 1137 of this Code. 

(b) The Director shall publish in a daily 
local newspaper and mail to interested persons 
and organizations a notice briefly describing and 
stating that the RMP is available for public 
review at a specified location. 

(c) The Director shall review the RMP and 
any comments received in accordance with State 
law. (Added by Ord. 399-97, App. 10/17/97) 

SEC. 1185. TERMS, RENEWALS AND 
IMPLEMENTATION. 

(a) The stationary source shall maintain all 
records concerning an RMP for a period of at 
least five years unless otherwise provided in 
Subpart D of Part 68 of Title 40 of the Code of 
Federal Regulations. 

(b) Any stationary source with one or more 
covered processes, or any stationary source for 
which the Director has determined an RMP shall 
be required, shall comply with the deadlines set 
forth in Health and Safety Code Section 25536. 
The RMP shall be implemented in accordance 
with the Health and Safety Code Section 25535. 
In addition, any stationary source which is re- 
quired to submit an RMP in accordance with this 
Article shall follow all RMP program guidance 
prepared for stationary sources and distributed 
by the Director. 

(c) The stationary source shall review the 
RMP and make necessary revisions to the RMP 
in accordance with State and federal law, or upon 
order of the Director following a regulatory in- 
spection during which violations are found. 



Sec. 1185. 



San Francisco - Health Code 



704 



(d) A revised RMP shall be submitted to the 
Director within 60 days following any modifica- 
tion which would materially affect the handling 
of a regulated substance. 

(e) (1) Any business which was required to 
prepare, submit and implement a risk manage- 
ment and prevention program pursuant to Ar- 
ticle 2, Chapter 6.95 of the Health and Safety 
Code as it read on December 31, 1996, and which 
is required to prepare and submit an RMP pur- 
suant to this Article, shall continue to implement 
the risk management and prevention program 
until the business has submitted an RMP in 
accordance with this Article. 

(2) Any business which was required to 
prepare, submit and implement a risk manage- 
ment and prevention program pursuant to Ar- 
ticle 2, Chapter 6.95 of the Health and Safety 
Code as it read on December 31, 1996, and which 
is not required to prepare an RMP pursuant to 
this Article is required to comply only with those 
requirements of Article 2, Chapter 6.95 of the 
Health and Safety Code that apply to the busi- 
ness. 

(3) Any stationary source which was not 
required to prepare, submit and implement a 
risk management and prevention program pur- 
suant to Article 2, Chapter 6.95 of the Health 
and Safety Code as it read on December 31, 1996, 
but which is required to prepare an RMP pursu- 
ant to this Article shall submit and implement 
an RMP not later than the deadlines specified in 
Subpart A (commencing with Section 68.1) of 
Part 68 of Subchapter C of Chapter I of Title 40 
of the Code of Federal Regulations. (Added by 
Ord. 399-97, App. 10/17/97) 

SEC. 1186. MODIFICATION OF 
FACILITY OR REGULATED SUBSTANCE 
HANDLING. 

(a) A stationary source that intends to modify 
a facility in a manner which may result in either 
a significant change in the amount of regulated 
substances handled by the facility or in a signifi- 
cantly changed risk in handling a regulated 
substance, as compared to the amount of sub- 
stances and amount of risk identified in the 



facility's RMP relating to the covered process 
proposed for modification, shall comply with the 
requirements of Health and Safety Code Section 
25543.2 prior to operating the modified facility. 
An increase in production up to a stationary 
source's existing operating capacity or an in- 
crease in production levels up to the production 
levels authorized in a permit granted pursuant 
to Health and Safety Code Section 42300 shall 
not constitute a modification for purposes of this 
Section. 

(b) The stationary source subject to this 
Section shall revise the appropriate documents 
expeditiously, but not later than 60 days from 
the date of the facility modification. (Added by 
Ord. 399-97, App. 10/17/97) 

SEC. 1187. RMP PRIOR TO APPROVAL 
OF A DEVELOPMENT PROJECT OR 
ISSUANCE OF A BUILDING PERMIT. 

Pursuant to Government Code Section 
65850.2, within five days of submitting a devel- 
opment project application or building permit 
application to the City and County of San Fran- 
cisco, the applicant shall certify to the Director 
whether or not the proposed project will have 
more than a threshold quantity of a regulated 
substance in a process. Within 25 days of receipt 
of such certification and such additional informa- 
tion as the Director deems adequate to deter- 
mine whether an RMP will be required, the 
Director shall issue either a notice of require- 
ment to comply with, or determination of exemp- 
tion from, the requirement for an RMP. (Added 
by Ord. 399-97, App. 10/17/97) 

SEC. 1188. INSPECTIONS AND ACCESS 
TO INFORMATION. 

(a) In accordance with Health and Safety 
Code Section 25537, the Director shall inspect 
each stationary source subject to this Article at 
least once every three years in order to deter- 
mine whether the stationary source is in compli- 
ance with the requirements of this Article. 

(b) The Director may have access to inspect 
any stationary source subject to this Article and 
to review all information in the possession of the 
stationary source which is reasonably necessary 



705 



Risk Management Program 



Sec. 1190. 



to allow the Director to determine the stationary- 
source's compliance with this Article. Upon re- 
quest by the Director, a stationary source shall 
provide to the Director information regarding 
that source's compliance with this Article. 

(c) Claims by a stationary source that infor- 
mation required to be provided to the Director 
under this Article constitutes trade secret infor- 
mation shall be addressed in accordance with 
Health and Safety Code Section 25538. (Added 
by Ord. 399-97, App. 10/17/97) 

SEC. 1189. STATIONARY SOURCES 
SUBJECT TO HAZARDOUS MATERIALS 
PROGRAM. 

(a) Where a stationary source subject to the 
requirements of this Article is also subject to the 
requirements of Division II of Article 21 for the 
same substance, compliance with this Article 
shall be deemed compliance with Division II of 
Article 21 for that substance to the extent not 
inconsistent with federal law and the require- 
ments of Division II of Article 21. However, this 
subsection shall not apply where the require- 
ments imposed for a particular substance under 
this Article are less stringent than the require- 
ments imposed on a stationary source for the 
same substance pursuant to Division II of Article 
21. 

(b) A stationary source that relies on Sub- 
section (a) for compliance with the applicable 
requirements of Division II of Article 21 shall 
annually submit to the Director a statement that 
the stationary source has made no changes re- 
quired to be reported pursuant to Division II of 
Article 21, or identifying all reportable changes. 
(Added by Ord. 399-97, App. 10/17/97) 

SEC. 1190. PENALTIES. 

(a) Any stationary source that violates this 
Article shall be civilly liable to the City in an 
amount of not more than $2,000 for each day in 
which the violation occurs. If the violation re- 
sults in, or significantly contributes to, a release 
or threatened release of any regulated sub- 
stance, any fire, or any health or medical prob- 
lem requiring toxicological, health or medical 
consultation, the stationary source shall also be 



assessed the full cost of the City emergency 
response, as well as the cost of cleaning up and 
disposing of the hazardous materials. 

(b) Any stationary source that knowingly 
violates the provisions of this Article after rea- 
sonable notice of the violation shall be civilly 
liable to the City in an amount not to exceed 
$25,000 for each day in which the violation 
occurs and upon conviction, may be punished by 
imprisonment in the County Jail for not more 
than one year. 

(c) Any person or stationary source that 
violates any rule or regulation, emission limita- 
tion, permit condition, order, fee requirement, 
filing requirement, duty to allow or carry out 
inspection or monitoring activities, or duty to 
allow entry imposed pursuant to this Article and 
for which delegation or approval of implementa- 
tion and enforcement authority has been ob- 
tained by the State pursuant to Subsections (1) 
and (r) of Section 112 of the Clean Air Act (42 
U.S.C. Sections 7412(1) and 7412(r)) or the regu- 
lations adopted pursuant thereto, is strictly li- 
able for a civil penalty not to exceed $10,000 for 
each day in which the violation occurs. 

(d) Any person or stationary source that 
knowingly makes any false material statement 
representation or certification in any record, 
report, or other document filed, maintained, or 
used for the purpose of compliance with this 
Article, or destroys, alters, or conceals such docu- 
ment, shall, upon conviction, be punished by a 
fine of not more than $25,000 for each day of 
violation, by imprisonment in the County Jail for 
a period not to exceed one year, or by both fine 
and imprisonment. 

If the conviction is for a violation committed 
after a first conviction under this subsection, the 
person or stationary source shall be punished by 
a fine of not less than $2,000 or more than 
$50,000 per day of violation, by imprisonment in 
the State Prison for one, two, or three 3^ears or in 
the County Jail for not more than one year, or 
both fine and imprisonment. 

If a violation under this subsection results in, 
or significantly contributes to, an emergency, 
including a fire, to which the City is required to 



Sec. 1190. 



San Francisco - Health Code 



706 



respond, the person or stationary source shall 
also be assessed the full cost of the City emer- 
gency response, as well as the cost of cleaning up 
and disposing of the hazardous materials. 

(e) Any person or stationary source that 
knowingly violates any requirement of this Ar- 
ticle, including any fee or filing requirement, for 
which delegation of federal implementation and 
enforcement authority has been obtained by the 
State pursuant to Subsections (1) and (r) of 
Section 112 of the Clean Air Act (42 U.S.C. 
Sections 7412(1) and 7412(r)) or that knowingly 
renders inaccurate any federally required moni- 
toring device or method, shall upon conviction, 
be punished by a fine of not more than $10,000 
for each day of violation. 

(f) If civil penalties are recovered pursuant 
to Subparagraphs (a), (b) or (c), the same offense 
shall not be subject to a criminal prosecution 
pursuant to Subparagraphs (d) or (e). If the 
Director refers a violation to the District Attor- 
ney and a criminal complaint is filed, any civil 
action brought pursuant to this Article for that 
offense shall be dismissed. (Added by Ord. 399- 
97, App. 10/17/97) 

SEC. 1191. FEES AND CHARGES. 

(a) In accordance with the single fee system 
established pursuant to Health and Safety Code 
Section 25404.5, stationary sources required un- 
der this Article to submit an RMP shall pay the 
following fees and charges: 

( 1 ) RMP Review and Processing Fees. A 
stationary source that is notified that it must 
submit an RMP shall pay the following one-time 
fee to cover the cost of submission review and 
processing. This fee shall be due at the time the 
stationary source is notified that it must prepare 
an RMP: 

(A) Program 1 facilities: $1044 for fiscal 
year 2004 (beginning July 1, 2004), $1103 for 
fiscal year 2005 (beginning July 1, 2005), $1166 
for fiscal year 2006 (beginning July 1, 2006); 

(B) Program 2 or Program 3 facilities: $6136 
for fiscal year 2004 (beginning July 1, 2004), 
$6480 for fiscal year 2005 (beginning July 1, 
2005), $6849 for fiscal year 2006 (beginning July 
1, 2006); 



(2) Annual Fee for Stationary Sources. 

A stationary source that is required to prepare 
and maintain an RMP shall pay the following 
annual fee, due at the first billing cycle after the 
RMP is considered complete by the Director, and 
annually thereafter: 

(A) Program 1 facilities: $148 for fiscal year 
2004 (beginning July 1, 2004), $156 for fiscal 
year 2005 (beginning July 1, 2005), $165 for 
fiscal year 2006 (beginning July 1, 2006); 

(B) Program 2 or Program 3 facilities: $296 
for fiscal year 2004 (beginning July 1, 2004), 
$313 for fiscal year 2005 (beginning July 1, 
2005), $330 for fiscal year 2006 (beginning July 
1, 2006). 

(b) Beginning with fiscal year 2007-2008, 
no later than April 15 of each year, the Controller 
shall adjust the fees provided in this Article to 
reflect changes in the relevant Consumer Price 
Index, without further action by the Board of 
Supervisors. In adjusting the fees, the Controller 
may round these fees up or down to the nearest 
dollar, half-dollar or quarter-dollar. The Director 
shall perform an annual review of the fees sched- 
uled to be assessed for the following fiscal year 
and shall file a report with the Controller no 
later than May 1st of each year, proposing, if 
necessary, an adjustment to the fees to ensure 
that costs are fully recovered and that fees do not 
produce significantly more revenue than re- 
quired to cover the costs of operating the pro- 
gram. The Controller shall adjust fees when 
necessary in either case. (Added by Ord. 399-97, 
App. 10/17/97; amended by Ord. 158-99, File No. 
990761, App. 6/11/99; Ord. 177-04, File No. 040735, 
App. 7/22/2004) 

SEC. 1192. COLLECTION, 
ADMINISTRATION AND REVIEW OF 
FEES. 

The Director of Health through the Health 
Commission shall recommend to the Board of 
Supervisors appropriate fees sufficient to pay for 
but not exceed the costs incurred in administer- 
ing this Article. Such fees shall be set, collected, 
reviewed and administered in accordance with 



707 



Risk Management Program 



Sec. 1193. 



Sections 1175.1 through 1175.5 of Article 21 of 
this Code. (Added by Ord. 399- 97, App. 10/17/97) 

SEC. 1193. TRADE SECRETS. 

(a) If a stationary source believes that any 
information submitted or otherwise provided to 
the Department pursuant to this Article involves 
the release of a trade secret, the stationary 
source shall provide the information to the De- 
partment and shall notify the Department in 
writing of that belief. Upon receipt of a claim of 
trade secret related to an RMP, the Department 
shall review the claim and shall segregate prop- 
erly substantiated trade secret information from 
information which shall be made available to the 
public upon request in accordance with the Cali- 
fornia Public Records Act. The Department shall 
not disclose any properly substantiated trade 
secret which is so designated by a stationary 
source except in compliance with this Section 
and Section 25538 of the Health and Safety 
Code. 

(b) Information certified by appropriate of- 
ficials of the United States, as necessarily kept 
secret for national defense purposes, shall be 
accorded the full protection against disclosure as 
specified by such official or in accordance with 
the laws of the United States. 

(c) The location of explosives stored by the 
San Francisco Police Department and other law 
enforcement or government agencies shall not be 
disclosed. 

(d) Information designated as a trade secret 
may be disclosed to: 

(1) An officer or employee of the City and 
County of San Francisco, the State of California 
or the United States of America, for use in 
connection with the official duties of such officer 
or employee acting under authority of law for the 
protection of health; 

(2) Persons or businesses contracting with 
the City and County and their employees if, in 
the opinion of the Director of Health, such dis- 
closure is necessary and required for the satis- 
factory performance of the work to be done under 
the contract or to protect the health and safety of 
the employees of the contractor; 



(3) Any physician where the physician cer- 
tifies in writing to the Director of Health that 
such information is necessary to the medical 
treatment of a patient; where the Director deter- 
mines that a medical emergency exists, the Di- 
rector may waive the written certification; or 

(4) Health professionals (i.e., physician, in- 
dustrial hygienist, toxicologist, epidemiologist, 
or occupational health nurse) in a nonemergency 
situation where the request is in writing and the 
request describes in reasonable detail the medi- 
cal need for the information. 

(e) (1) When the Director receives a re- 
quest for information which includes informa- 
tion which the stationary source has designated 
as a trade secret, the Director shall notify the 
stationary source of said request by certified 
mail. The stationary source shall have 30 days 
from receipt of the notice to provide the Director 
with any materials or information intended to 
supplement the information submitted pursuant 
to Subsection (a) and needed to substantiate the 
trade secret claim. 

(2) The Director shall inform the stationary 
source by certified mail that some or all of a 
claim of trade secret has not been substantiated. 
The Director shall release the information 30 
days after receipt by the stationary source of said 
notice, unless prior to the expiration of said 
30-day period, the stationary source files an 
action in a court of competent jurisdiction for a 
declaratory judgment that the information is 
subject to protection under Subsection (b) as a 
trade secret, or for an injunction prohibiting 
disclosure of said information to the general 
public, and promptly notifies the Director of that 
action. 

(f) In adopting this Article, the Board of 
Supervisors does not intend to authorize or re- 
quire the disclosure to the public of any trade 
secrets protected under the laws of the State of 
California. 

(g) This Section is not intended to authorize 
a stationary source to refuse to disclose any 
information, including but not limited to, trade 
secrets, required pursuant to this Article. 



Sec. 1193. 



San Francisco - Health Code 



708 



(h) Notwithstanding any other provision of 
this Article, any officer or employee of the City 
and County, or former officer or employee or 
contractor with the City or employee thereof, 
who by virtue of such employment or official 
position has obtained possession of or has had 
access to information, the disclosure of which is 
prohibited by this Section, and who knowing 
that disclosure of the information is prohibited, 
knowingly and wilfully discloses the information 
in any manner to any person not entitled to 
receive it, shall, upon conviction, be punished by 
imprisonment in the County Jail for not more 
than six months or by a fine of not more than 
$1,000, or by both fine and imprisonment. 

(i) The Director of Health shall advise any 
person to whom a trade secret is disclosed pur- 
suant to this Section that the disclosure thereof, 
except as authorized by this Section, constitutes 
a misdemeanor. (Added by Ord. 399-97, App. 
10/17/97) 

SEC. 1194. AUTHORITY TO ADOPT 
RULES, REGULATIONS AND 
GUIDELINES. 

(a) The Director may adopt and thereafter, 
from time to time, may amend rules, regulations 
and guidelines implementing the provisions and 
intent of this Article. Before issuing or amending 
any such procedure, the Department of Public 
Health shall provide a 30-day public comment 
period by providing published notice in an offi- 
cial newspaper of general circulation in the City 
of the intent to issue or amend the procedure. 
Rules and regulations shall be approved by the 
Health Commission at a public hearing. In addi- 
tion to the notices required by law, the Secretary 
of the Health Commission shall send written 
notice, at least 15 days prior to the hearing, to 
any interested party who sends a written re- 
quest to the Health Commission for notice of 
hearings on hazardous materials regulation. 

(b) Regulations promulgated by the Direc- 
tor and approved by the Health Commission 
shall be maintained in the Office of the Clerk of 
the Board of Supervisors. 



(c) The Director may require generators to 
submit information deemed necessary by the 
Director, including, but not limited to: the name 
and address of the generator, the name and 
address of the property owner, and a description 
of the type and volume of hazardous materials 
handled or stored. (Added by Ord. 399-97, App. 
10/17/97) 

SEC. 1195. SEVERABILITY. 

If any section, subsection, sentence, clause or 
phrase of this Article is for any reason held to be 
invalid or unconstitutional by a decision of any 
court of competent jurisdiction, such decision 
shall not affect the validity of the remaining 
portions of the Article. The Board of Supervisors 
hereby declares that it would have passed this 
Article and each and every section, subsection, 
sentence, clause or phrase not declared invalid 
or unconstitutional without regard to whether 
any portion of this Article would be subsequently 
invalid or unconstitutional. (Added by Ord. 399- 
97, App. 10/17/97) 

SEC. 1196. DISCLAIMER OF LIABILITY. 

(a) The degree of protection required by this 
Article is considered reasonable for regulatory 
purposes. The standards set forth in this Article 
are minimal standards and do not imply that 
compliance will ensure no unauthorized release 
of hazardous materials. 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 admin- 
istrative decision lawfully made pursuant to this 
Article. All persons handling hazardous materi- 
als within the City should be and are advised to 
determine to their own satisfaction the level of 
protection desirable to ensure no unauthorized 
release of hazardous materials. 

(b) In undertaking this program to obtain 
disclosure of information relating to the location 
and handling of hazardous materials, the City 
and County of San Francisco is assuming an 
undertaking only to promote the general wel- 
fare. It is not assuming, nor is it imposing on its 
officers and employees, an obligation for breach 



709 Risk Management Program Sec. 1198. 



of which it is liable in money damages to any 
person who claims that such breach proximately 
caused injury. 

(c) All inspections specified or authorized 
by this Article shall be at the discretion of the 
City and nothing in this Article shall be con- 
strued 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. 399-97, App. 10/17/97) 

SEC. 1197. DUTIES ARE 
DISCRETIONARY. 

Subject to the limitations of due process and 
applicable requirements of State or federal law, 
and 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, employ- 
ees, or agents, it is the legislative intent that 
such words establish a discretionary responsibil- 
ity or duty requiring the exercise of judgment 
and discretion. (Added by Ord. 399-97, App. 
10/17/97) 

SEC. 1198. CONFLICT WITH OTHER 
LAWS. 

Notwithstanding any other provision of this 
Article: 

A person or business is exempted from any 
provisions of this Article that conflict with State 
or federal law or regulations to which person or 
business is subject. (Added by Ord. 399-97, App. 

10/17/97) 



Sec. 1198. San Francisco - Health Code 710 



[The next page is 725] 



ARTICLE 22: HAZARDOUS WASTE MANAGEMENT 



Sec. 1201. 
Sec. 1202. 
Sec. 1203. 



Sec. 1204. 

Sec. 1205. 

Sec. 1206. 

Sec. 1207. 

Sec. 1208. 

Sec. 1209. 



Scope and Intent. 
Definitions. 
Implementation and 
Enforcement of Hazardous 
Waste Control Act. 
Fees and Charges. 
Authority to Adopt Rules, 
Regulations and Guidelines. 
Severability. 
Disclaimer of Liability. 
Duties are Discretionary. 
Conflict with Other Laws. 



SEC. 1201. SCOPE AND INTENT. 

The California Hazardous Waste Control Act, 
California Health and Safety Code, Division 20, 
Chapter 6.5, Article 2, Section 25100, et seq., 
authorizes the California State Department of 
Toxic Substances Control and local certified uni- 
fied program agencies to regulate facilities that 
generate or treat hazardous waste. 

It is the intent of the Board of Supervisors in 
adopting this Article to authorize the Director of 
the Department of Public Health, as the certified 
unified program agency approved pursuant to 
Chapter 6.11 of the Health and Safety Code, to 
implement and enforce the requirements of the 
California Hazardous Waste Control Act appli- 
cable to generators of hazardous waste and per- 
sons operating pursuant to a permit-by-rule, 
conditional authorization or conditional exemp- 
tion set forth in Health and Safety Code Section 
25404(c)(1). (Added by Ord. 193-90, App. 5/24/90; 
amended by Ord. 399-97, App. 10/17/97) 

SEC. 1202. DEFINITIONS. 

The definitions in the Hazardous Waste Con- 
trol Act, California Health and Safety Code, 
Division 20, Chapter 6.5, and its implementing 
regulations, California Code of Regulations, Title 
22, Chapter 30, Division 4, as of the effective 
date of this Article, are hereby adopted by refer- 



ence. The terms used in this ordinance shall be 
as defined in the Hazardous Waste Control Act 
and its implementing regulations, setting mini- 
mum standards for management of hazardous 
waste, except as to the following: 

(1) Department means the San Francisco 
Department of Public Health. 

(2) Director means the Director of Public 
Health or his or her designee. (Added by Ord. 
193-90, App. 5/24/90; amended by Ord. 399-97, 
App. 10/17/97) 

SEC. 1203. IMPLEMENTATION AND 
ENFORCEMENT OF HAZARDOUS WASTE 
CONTROL ACT. 

The Director shall have the authority granted 
to certified unified program agencies by Health 
and Safety Code Section 25404(c)(1) to imple- 
ment and enforce the provisions of the Hazard- 
ous Waste Control Act as set forth in California 
Health and Safety Code, Division 20, Chapter 
6.5, and the minimum standards of management 
of hazardous waste as specified in Title 22 of the 
California Code of Regulations, Chapter 30, Di- 
vision 4. The Director shall have the authority to 
carry out all duties imposed on certified unified 
program agencies with respect to regulation of 
hazardous waste, including, but not limited to, 
the following: 

(1) Conduct inspections as provided for in 
Health and Safety Code Sections 25185 and 
25185.5, of any factory, plant, construction site, 
waste disposal site, transfer station, establish- 
ment or any other place or environment where 
hazardous wastes are stored, handled, pro- 
cessed, disposed of, or being treated to recover 
resources; 

(2) Maintain records of compliance with the 
Hazardous Waste Control Act; 

(3) Require hazardous waste generators as 
provided herein, to pay inspection and adminis- 
tration fees to cover the Department's costs of 



725 



Sec. 1203. 



San Francisco - Health Code 



726 



administering the provisions of this Article. Such 
fees may include but shall not be limited to the 
cost of inspection, document development and 
processing, recordkeeping, enforcement activi- 
ties, and informational materials development 
and distribution; 

(4) Issue authorizations for on-site treat- 
ment of hazardous waste to persons eligible to 
operate pursuant to permit-by-rule, conditional 
authorization or conditional exemption; 

(5) Enforce against violations of the Hazard- 
ous Waste Control Act in accordance with Health 
and Safety Code, Division 20, Chapter 6.5, Ar- 
ticle 8. (Added by Ord. 193-90, App. 5/24/90; 
amended by Ord. 399-97, App. 10/17/97) 

SEC. 1204. FEES AND CHARGES. 

In accordance with the single fee system 
established pursuant to Health and Safety Code 
Section 25404.5, hazardous waste generators 
shall pay the following fees and charges to cover 
the Department's costs incurred in implement- 
ing and enforcing the program established by 
this Article: 

(a) State Surcharge. The annual State 
surcharge for general program oversight, in ad- 
dition to any tiered permitting service charge, as 



established by the Secretary of the California 
Environmental Protection Agency pursuant to 
Health and Safety Code Section 25404.5(b). 

(b) Hazardous Waste Generator Fee. Haz- 
ardous waste generators subject to the program 
established by this Article shall pay an annual 
fee based upon the amount of hazardous waste 
generated during the preceding year. The amount 
of this fee is set forth in Chart I. Minimal 
Quantity Generator shall pay an annual fee of 
$72 for fiscal year 2004 (beginning July 1, 2004), 
$76 for fiscal year 2005 (beginning July 1, 2005), 
$80 for fiscal year 2006 (beginning July 1, 2006). 
Minimal Quantity Generator shall be exempted 
from the annual base fee set forth in Section 
1176(h) of Article 21 of this Code. For purposes of 
determining this fee, the term "Minimal Quan- 
tity Generator" or "MQG" shall mean a generator 
that meets all of the following requirements: 

(1) The quantity of hazardous waste gener- 
ated by the generator does not exceed 50 pounds 
per month or 500 pounds per year; and 

(2) Hazardous waste is not treated on site; 
and 

(3) The generator is not required to have a 
hazardous materials registration pursuant to 
Article 21 for hazardous materials used or stored 
at the site. 



CHART I 
HAZARDOUS WASTE GENERATOR FEES 


HW QUANTITY 
GENERATED/YEAR 


ANNUAL FEE 


Fiscal Year 2004 


Fiscal Year 2005 


Fiscal Year 2006 


> 0—5 tons, other than MQG 


$ 267 


$ 282 


$ 298 


5 — 25 tons 


$ 557 


$ 588 


$ 622 


25—50 tons 


$ 778 


$ 822 


$ 868 


50—250 tons 


$ 1,116 


$ 1,179 


$ 1,246 


250—500 tons 


$ 1,548 


$ 1,636 


$ 1,728 


500—1,000 tons 


$ 2,167 


$ 2,290 


$ 2,420 


1,000—2,000 tons 


$ 3,142 


$ 3,320 


$ 3,509 


2,000 + tons 


$ 4,400 


$ 4,649 


$ 4,912 



727 



Hazardous Waste Management 



Sec. 1205. 



(c) Tiered Permitting Fee. Persons oper- 
ating pursuant to a permit-by-rule, conditional 
authorization or conditional exemption shall pay 
the following annual fee, based upon the type of 
permit, except that in the case of persons subject 
to more than one permitting tier at one facility, 
the fee for all tiered permits at that facility shall 
be a single fee set at the amount of the fee for the 
highest applicable tier: 

(1) Permit-by-rule: $607 for fiscal year 2004 
(beginning July 1, 2004), $641 for fiscal year 
2005 (beginning July 1, 2005), $677 for fiscal 
year 2006 (beginning July 1, 2006); 

(2) Conditional authorization: $185 for fis- 
cal year 2004 (beginning July 1, 2004), $195 for 
fiscal year 2005 (beginning July 1, 2005), $206 
for fiscal year 2006 (beginning July 1, 2006); 

(3) Conditional exemption: $96 for fiscal 
year 2004 (beginning July 1, 2004), $102 for 
fiscal year 2005 (beginning July 1, 2005), $107 
for fiscal year 2006 (beginning July 1, 2006). 

(d) Inspection Fee. In administering the 
provisions of this Article and conducting inspec- 
tions pursuant to Health and Safety Code Sec- 
tions 25185 and 25185.5, the Department shall 
require hazardous waste generators and persons 
operating pursuant to a permit-by-rule, condi- 
tional authorization or conditional exemption to 
pay inspection and administrative fees to cover 
the Department's costs of any inspection (other 
than a routine inspection) conducted by the 
Department when it has reason to believe a 
generator is not in compliance with the hazard- 
ous waste laws and regulations. The fee for any 
such inspection and associated administrative 
activities for each hour or portion thereof for 
inspections performed during business hours shall 
be $137 for fiscal year 2004 (beginning July 1, 
2004), $145 for fiscal year 2005 (beginning July 
1, 2005), $153 for fiscal year 2006 (beginning 
July 1, 2006); and for each hour or portion 
thereof for inspections performed during nonbusi- 
ness hours, including Saturdays, Sundays and 
evenings, shall be $206 for fiscal year 2004 
(beginning July 1, 2004), $218 for fiscal year 
2005 (beginning July 1, 2005), $230 for fiscal 
year 2006 (beginning July 1, 2006). 



(e) When the real property where the site is 
located is owned by a person other than the 
operator of the site, it is the operator's duty to 
pay any inspection and administration fees. How- 
ever, in the event the operator fails to pay any 
inspection and administration fee as provided for 
in this Article, the City and County may impose 
a lien on the real property pursuant to the 
provisions of this Article and San Francisco 
Administrative Code, Chapter 10, Article XX. 

(f) Consultation Fee. The Director is au- 
thorized to charge a fee for Department staff to 
consult with, regulated parties subject to this 
Article or their representatives concerning com- 
pliance with the requirements of this Article. 
The fee shall be $137 for fiscal year 2004 (begin- 
ning July 1, 2004), $145 for fiscal year 2005 
(beginning July 1, 2005), $153 for fiscal year 
2006 (beginning July 1, 2006). 

(g) Beginning with fiscal year 2007-2008, 
no later than April 15 of each year, the Controller 
shall adjust the fees provided in this Article to 
reflect changes in the relevant Consumer Price 
Index, without further action by the Board of 
Supervisors. In adjusting the fees, the Controller 
may round these fees up or down to the nearest 
dollar, half-dollar or quarter-dollar. The Director 
shall perform an annual review of the fees sched- 
uled to be assessed for the following fiscal year 
and shall file a report with the Controller no 
later than May 1st of each year, proposing, if 
necessary, an adjustment to the fees to ensure 
that costs are fully recovered and that fees do not 
produce significantly more revenue than re- 
quired to cover the costs of operating the pro- 
gram. The Controller shall adjust fees when 
necessary in either case. (Added by Ord. 193-90, 
App. 5/24/90; amended by Ord. 399-97, App. 
10/17/97; Ord. 158-99, File No. 990761, App. 
6/11//99; Ord. 175-04, File No. 040733, App. 
7/22/2004) 

SEC. 1205. AUTHORITY TO ADOPT 
RULES, REGULATIONS AND 
GUIDELINES. 

(a) Consistent with the requirements of the 
California Health and Safety Code, the Director 
may adopt and thereafter, from time to time, 



Sec. 1205. 



San Francisco - Health Code 



728 



may amend rules, regulations and guidelines 
implementing the provisions and intent of this 
Article. Before issuing or amending any such 
procedure, the Department of Public Health shall 
provide a 30-day public comment period by pro- 
viding published notice in an official newspaper 
of general circulation in the City of the intent to 
issue or amend the procedure. Rules and regula- 
tions shall be approved by the Health Commis- 
sion at a public hearing. In addition to the 
notices required by law, the Secretary of the 
Health Commission shall send written notice, at 
least 15 days prior to the hearing, to any inter- 
ested party who sends a written request to the 
Health Commission for notice of hearings on 
hazardous waste regulation. 

(b) Regulations promulgated by the Direc- 
tor and approved by the Health Commission 
shall be maintained in the Office of the Clerk of 
the Board of Supervisors. 

(c) The Director may require generators to 
submit information deemed necessary by the 
Director, including, but not limited to: the name 
and address of the generator, the name and 
address of the property owner, and a description 
of the type and volume of hazardous waste 
generated, treated, stored, recycled or disposed. 
(Added by Ord. 193-90, App. 5/24/90; amended 
by Ord. 399-97, App. 10/17/97) 

SEC. 1206. SEVERABILITY. 

If any section, subsection, sentence, clause or 
phrase of this Article is for any reason held to be 
invalid or unconstitutional by a decision of any 
court of competent jurisdiction, such decision 
shall not affect the validity of the remaining 
portions of the Article. The Board of Supervisors 
hereby declares that it would have passed this 
Article and each and every section, subsection, 
sentence, clause or phrase not declared invalid 
or unconstitutional without regard to whether 
any portion of this Article would be subsequently 
invalid or unconstitutional. (Added by Ord. 193- 
90, App. 5/24/90; amended by Ord. 399-97, App. 
10/17/97) 



SEC. 1207. DISCLAIMER OF LIABILITY. 

(a) The degree of protection required by this 
Article is considered reasonable for regulatory 
purposes. The standards set forth in this Article 
are minimal standards and do not imply that 
compliance will ensure no unauthorized release 
of hazardous waste. 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 administra- 
tive decision lawfully made pursuant to this 
Article. All persons handling hazardous waste 
within the City should be and are advised to 
determine to their own satisfaction the level of 
protection desirable to ensure no unauthorized 
release of hazardous waste. 

(b) In undertaking this program to regulate 
the handling of hazardous waste, the City and 
County of San Francisco is assuming an under- 
taking 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 in- 
jury. 

(c) Except as otherwise required by State or 
federal law, all inspections specified or autho- 
rized by 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 inspec- 
tion. (Added by Ord. 399-97, App. 10/17/97) 

SEC. 1208. DUTIES ARE 
DISCRETIONARY. 

Subject to the limitations of due process and 
applicable requirements of State and federal law, 
and 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, employ- 
ees, or agents, it is the legislative intent that 
such words establish a discretionary responsibil- 
ity or duty requiring the exercise of judgment 
and discretion. (Added by Ord. 399-97, App. 
10/17/97) 



729 Hazardous Waste Management Sec. 1209. 



SEC. 1209. CONFLICT WITH OTHER 
LAWS. 

Notwithstanding any other provision of this 
Article: 

A person or business is exempted from any 
provisions of this Article that conflict with State 
or federal law or regulations to which person or 
business is subject. (Added by Ord. 399-97, App. 
10/17/97) 



Sec. 1209. San Francisco - Health Code 730 



[The next page is 741] 



ARTICLE 22A: ANALYZING SOILS FOR HAZARDOUS WASTE 



Sec. 1220. 

Sec. 1221. 

Sec. 1222. 

Sec. 1223. 



Sec. 1224. 

Sec. 1225. 

Sec. 1226. 

Sec. 1227. 



Sec. 1228. 

Sec. 1229. 

Sec. 1230. 

Sec. 1231. 

Sec. 1232. 

Sec. 1233. 

Sec. 1234. 

Sec. 1235. 

Sec. 1236. 

Sec. 1237. 



Definitions. 

Applicability of Article. 

Waiver of Requirements for 

Compliance. 

Director's Discretionary 

Authority to Require 

Compliance. 

Site History. 

Soil Sampling and Analysis. 

Soil Analysis Report. 

Known Hazardous Waste Site; 

Hunters Point Shipyard Parcel 

A. 

Applicant's Responsibility Upon 

Discovery of Hazardous Wastes. 

Certification. 

Notification to Director of 

Building Inspection. 

Maintenance of Report by 

Director. 

Rules and Regulations. 

Notification to Buyer. 

Nonassupmtion of Liability. 

Construction on City Property. 

Severability. 

Fees. 



SEC. 1220. DEFINITIONS. 

In addition to the general definitions appli- 
cable to this Code, whenever used in this Article, 
the following terms shall have the meanings set 
forth below: 

(a) "Applicant" means a person applying for 
any building permit as specified by Section 106.1 
of the San Francisco Building Code. 

(b) "Certified laboratory" means a labora- 
tory certified by the California Department of 
Health Services, pursuant to the provisions of 
Section 25198 of the California Health and Safety 
Code, for analyzing samples for the presence of 
hazardous waste. 



(c) "Director" means the Director of the San 
Francisco Department of Public Health or the 
Director's designee. 

(d) "Director of Building Inspection" means 
the Director of the Department of Building In- 
spection of the City and County of San Francisco. 

(e) "Hazardous waste" means any substance 
that meets the definition of hazardous waste in 
Section 25117 of the California Health and Safety 
Code or Appendix X of Division 4.5, Chapter 10, 
Article 5 of Title 22 California Administrative 
Code. (Added by Ord. 35-99, App. 3/12/99) 

SEC. 1221. APPLICABILITY OF 
ARTICLE. 

Pursuant to Section 1001 of the San Fran- 
cisco Public Works Code, an applicant shall com- 
ply with this Article. (Added by Ord. 35-99, App. 
3/12/99) 

SEC. 1222. WAIVER OF 
REQUIREMENTS FOR COMPLIANCE. 

Director may waive the requirements im- 
posed by this Article if the applicant demon- 
strates that the property has been continuously 
zoned as residential under the City Planning 
Code since 1921, has been in residential use 
since that time, and no evidence has been pre- 
sented to create a reasonable belief that the soil 
may contain hazardous wastes. The Director 
shall provide the applicant and the Director of 
Building Inspection with written notification that 
the requirements of this Article have been waived. 
(Added by Ord. 35-99, App. 3/12/99) 

SEC. 1223. DIRECTOR'S 
DISCRETIONARY AUTHORITY TO 
REQUIRE COMPLIANCE. 

In addition to those areas defined pursuant 
to Section 1221, the Director has authority to 
require soil analysis pursuant to the provisions 
of this Article as part of any building permit 
application when the Director has reason to 



741 



Sec. 1223. 



San Francisco - Health Code 



742 



believe that hazardous wastes may be present in 
the soil at the property. (Added by Ord. 35-99, 
App. 3/12/99) 

SEC. 1224. SITE HISTORY. 

The applicant shall provide to the Director a 
site history for the property prepared by an 
individual with the requisite training and expe- 
rience described in regulations adopted pursu- 
ant to Section 1232. The site history shall con- 
tain a statement indicating whether the property 
is listed on the National Priorities List, pub- 
lished by the United States Environmental Pro- 
tection Agency pursuant to the federal Compre- 
hensive Environmental Response Compensation 
and Liability Act, 42 U.S.C. Section 9604(c)(3) or 
listed as a hazardous substance release site by 
the California Department of Toxic Substances 
Control or the State Water Resources Control 
Board pursuant to the California Hazardous 
Substances Account Act, Health and Safety Code 
Section 25356. The applicant shall file the site 
history with the Director and the certified labo- 
ratory. (Added by Ord. 35-99, App. 3/12/99) 

SEC. 1225. SOIL SAMPLING AND 
ANALYSIS. 

(a) Analysis of Sampled Soil. The appli- 
cant shall cause a professional geologist, civil 
engineer, or engineering geologist who is regis- 
tered or certified by the State of California, or a 
certified laboratory to take samples of the soil on 
the property to determine the presence of haz- 
ardous wastes in the soil. The following types of 
analyses shall be conducted, unless an alterna- 
tive proposal is approved by the Director: 

(1) Inorganic persistent and bioaccumula- 
tive toxic substances as listed in Section 
66261.24(a)(2)(A) of Title 22 of the California 
Administrative Code; 

(2) Volatile organic toxic pollutants as listed 
in 40 Code of Federal Regulations, Part 122, 
Appendix D, Table II; 

(3) PCBs; 

(4) pH levels; 

(5) Cyanides; 

(6) Methane and other flammable gases; 



(7) Total petroleum hydrocarbons; 

(8) Semi-volatile compounds; 

(9) Hazardous wastes designated by the Di- 
rector pursuant to Section 1232; and 

(10) Any other hazardous waste that either 
the Director or the certified laboratory, after an 
examination of the site history, has reason to 
conclude may be present on the property. The 
Director shall make any such determination 
within 30 days of filing by the applicant of the 
site history. 

(b) Procedures for Soil Sampling. Soil 
sampling shall be conducted in accordance with 
procedures for sampling soils approved by the 
California Department of Toxic Substances Con- 
trol or the State Water Resources Control Board 
and the San Francisco Bay Regional Water Qual- 
ity Control Board. 

(c) Testing of Sampled Soil. Samples shall 
be analyzed by a certified laboratory in accor- 
dance with methods for analyzing samples for 
the presence of hazardous wastes approved by 
the California Department of Toxic Substances 
Control or the State Water Resources Control 
Board and the San Francisco Bay Regional Wa- 
ter Quality Control Board. (Added by Ord. 35-99, 
App. 3/12/99) 

SEC. 1226. SOIL ANALYSIS REPORT. 

(a) Contents. The Applicant shall submit a 
soil analysis report prepared by the persons 
conducting the soil sampling and analysis to the 
Director, the California Department of Toxic Sub- 
stances Control, the San Francisco Bay Regional 
Water Quality Control Board and to other agen- 
cies as directed by the Director. The report shall 
include the following information: 

(1) The names and addresses of the persons 
and the certified laboratory that conducted the 
soil sampling, the soil analysis and prepared the 
report; 

(2) An explanation of the sampling and test- 
ing methodology; 

(3) The results of the soil analyses; 



743 



Analyzing Soils for Hazardous Waste 



Sec. 1228. 



(4) Whether any of the analyses conducted 
indicate the presence of hazardous wastes and, 
for each, the level detected and the State and 
federal minimum standards, if any; 

(5) The State and federal agencies to which 
the presence of the hazardous wastes has been 
reported and the date of the report; 

(6) A statement that the certified labora- 
tory, after examination of the site history, has no 
reason to conclude that hazardous wastes other 
than those listed in Section 1225(a)(1) through 
(a)(9) were likely to be present on the property; 

(b) Review by Director. The Director shall 
determine whether the site history, soil sampling 
and analyses required by this Article were con- 
ducted and whether the report required by this 
Section is complete. If the site history, soil sam- 
pling or analyses were not conducted or the 
report does not comply with the requirements of 
this Section, the Director shall notify the appli- 
cant in writing within 30 days of receipt of the 
report, indicating the reasons the report is unac- 
ceptable. A copy of the notification shall be sent 
to the Director of Building Inspection. 

(c) No Wastes Present. If the soil sam- 
pling and analysis report indicates that there are 
no hazardous wastes present in the soil, the 
Director shall provide the applicant and the 
Director of Building Inspection with written no- 
tification that the applicant has complied with 
the requirements of this Article. (Added by Ord. 
35-99, App. 3/12/99) 

SEC. 1227. KNOWN HAZARDOUS WASTE 
SITE; HUNTERS POINT SHIPYARD 
PARCEL A. 

(a) If the soil sampling and analysis report 
or site history indicates that the property is 
listed on the National Priorities List or the list of 
California Hazardous Substances Account Act 
release sites, the applicant shall provide to the 
Director certification or verification from the 
appropriate federal or State agency that any site 
mitigation required by the federal or State agency 
has been completed and complete the certifica- 
tion procedure set forth in Section 1229. Certifi- 
cation by a competent State or federal agency 



that mitigation measures have been properly 
completed shall constitute a conclusive determi- 
nation and shall be binding upon the Director. 

(b) Applicant's activities on Parcel A of the 
Hunters Point Shipyard, as defined in .Article 31, 
are governed by Article 31 of the Health Code 
and not by this Article. (Added by Ord. 35-99, 
App. 3/12/99) 

SEC. 1228. APPLICANT'S 
RESPONSIBILITY UPON DISCOVERY OF 
HAZARDOUS WASTES. 

Unless Section 1227 is applicable, if the soil 
sampling and analysis report indicates that haz- 
ardous wastes are present in the soil, the appli- 
cant shall submit a site mitigation report pre- 
pared by a qualified person to the Director. 

(a) For the purposes of this Section, a quali- 
fied person is defined as one or more of the 
following who is registered or certified by the 
State of California: soil engineer, civil engineer, 
chemical engineer, engineering geologist, geolo- 
gist, hydrologist, industrial hygienist or environ- 
mental assessor. 

(b) The site mitigation report shall contain 
the following information: 

(1) A determination by the qualified person 
as to whether the hazardous wastes in the soil 
are causing or are likely to cause significant 
environmental or health and safety risks, and if 
so, recommend measures that will mitigate the 
significant environmental or health and safety 
risks caused or likely to be caused by the pres- 
ence of the hazardous waste in the soil. If the 
report recommends mitigation measures it shall 
identify any soil sampling and analysis that it 
recommends the project applicant conduct follow- 
ing completion of the mitigation measures to 
verify that mitigation is complete; 

(2) A statement signed by the person who 
prepared the report certifying that the person is 
a qualified person within the meaning of this 
Section and that in his or her judgment either no 
mitigation is required or the mitigation mea- 
sures identified, if completed, will mitigate the 



Sec. 1228. 



San Francisco - Health Code 



744 



significant environmental or health and safety 
risks caused by or likely to be caused by the 
hazardous wastes in the soil; 

(3) Complete the site mitigation measures 
identified by the qualified person in the site 
mitigation report; and 

(4) Complete the certification required by 
Section 1229. (Added by Ord. 35-99, App. 3/12/ 
99) 

SEC. 1229. CERTIFICATION. 

(a) Contents. The applicant shall certify 
under penalty of perjury to the Director that: 

(1) If Section 1227 is applicable, the appli- 
cant has received certification or verification 
from the appropriate State or federal agency 
that mitigation is complete. 

(2) If Section 1228 is applicable: 

(A) A qualified person has determined in 
the site mitigation report that no hazardous 
wastes in the soil are causing or are likely to 
cause significant environmental or health and 
safety risks, and the qualified person recom- 
mends no mitigation measures; or 

(B) The applicant has performed all mitiga- 
tion measures recommended in the site mitiga- 
tion report, and has verified that mitigation is 
complete by conducting follow-up soil sampling 
and analysis, if recommended in the site mitiga- 
tion report. 

(b) Applicant Declarations. The certifica- 
tion shall state: 

"The Applicant recognizes that it has a non- 
delegable duty to perform site mitigation; that it, 
and not the City, is responsible for site mitiga- 
tion; that it, not the City, attests to and is 
responsible for the accuracy the representations 
made in the certification, and that it will con- 
tinue to remain liable and responsible, to the 
extent such liability or responsibility is imposed 
by State and federal law, for its failure to per- 
form the site mitigation." 
(Added by Ord. 35-99, App. 3/12/99) 



SEC. 1230. NOTIFICATION TO 
DIRECTOR OF BUILDING INSPECTION. 

After receipt of the certification required by 
Section 1229, 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 by Ord. 35-99, App. 3/12/99) 

SEC. 1231. MAINTENANCE OF REPORT 
BY DIRECTOR. 

The site history, soil analysis report certifica- 
tion and related documents shall become a part 
of the file maintained by the Department. (Added 
by Ord. 35-99, App. 3/12/99) 

SEC. 1232. RULES AND REGULATIONS. 

(a) Adoption of Rules. The Director may 
adopt, and may thereafter amend, rules, regula- 
tions 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 amend- 
ment 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, regula- 
tions and guidelines pursuant to this Section. 

In developing such regulations, the Director 
shall consider, inter alia, State and federal stat- 
utes and regulations pertaining to hazardous 
wastes with the purpose of coordinating local 
regulations with them. 

(b) 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 de- 
signed to assist interested persons including, but 
not limited to, the Director of Building Inspec- 
tion, other state and local public agencies and 
certified testing laboratories, to evaluate whether 
analyses, other than those required by Section 



745 



Analyzing Soils for Hazardous Waste 



Sec. 1235. 



1225(a)(1) through (a)(9), must be conducted to 
detect the presence in the soil of hazardous 
wastes and to determine what analyses are ap- 
propriate. 

(2) Minimum education and experience re- 
quirements for the persons who prepare site 
histories pursuant to Section 1224. 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 iden- 
tify prior uses made of the property that may be 
relevant in determining whether there are haz- 
ardous wastes in the soil and what analyses, if 
any, are appropriate to identify them. 

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

(4) Designation of areas. Designation of ar- 
eas in the City, in addition to the area described 
in Section 1001 of the San Francisco Public 
Works Code, where the Director has reason to 
believe that the soils may contain hazardous 
wastes and the designation of the analyses speci- 
fied in Section 1225 that shall be conducted in 
each area. 

(5) Designation of additional hazardous 
wastes. The designation of additional hazardous 
wastes, other than those listed in Section 
1225(a)(1) through (a)(9), 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 wastes may be in the soil. The 
designation may be made applicable to a speci- 
fied area or areas of the City or city- wide as 
determined by the Director. 

(6) Waiver from Requirements for Analyses. 
The exclusion of hazardous wastes from the 
analysis requirements set forth in Section 1225 
upon a determination that the hazardous waste 
does not pose a significant present or potential 
hazard to human health and safety or to the 
environment. (Added by Ord. 35-99, App. 3/12/ 
99) 



SEC. 1233. NOTIFICATION TO BUYER. 

The Director shall prepare and maintain for 
public distribution a summary of the require- 
ments of this Article. The seller or the seller's 
agent involved in the sale or exchange of any real 
property located bayward of the high-tide line as 
indicated on the Historic San Francisco Maps as 
described in Article 20 of the Public Works Code 
and as reflected on the map prepared and main- 
tained for public distribution by the Director and 
in those areas designated by the Director pursu- 
ant to Section 1223 shall provide a copy of the 
summary to the buyer or buyers and shall obtain 
a written receipt from the buyer or buyers ac- 
knowledging 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 by Ord. 35-99, App. 3/12/99) 

SEC. 1234. NONASSUMPTION OF 
LIABILITY. 

In undertaking to require certain building or 
grading permits to include soil analyses for the 
presence of hazardous wastes, 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 by Ord. 35-99, App. 3/12/ 
99) 

SEC. 1235. CONSTRUCTION ON CITY 
PROPERTY. 

All departments, boards, commissions and 
agencies of the City and County of San Francisco 
that authorize construction or improvements on 
land under their jurisdiction under circum- 
stances where no building or grading permit 
needs to be obtained pursuant to the San Fran- 
cisco Building Code shall adopt rules and regu- 
lations to insure that the same site history, soil 
sampling, analyzing, reporting, site mitigation 
and certification procedures as set forth in this 
Article are followed. The Directors of Public 
Health and Building Inspection shall assist the 



Sec. 1235. San Francisco - Health Code 746 

departments, boards, commissions and agencies 
to insure that these requirements are met. (Added 
by Ord. 35-99, App. 3/12/99) 

SEC. 1236. SEVERABILITY. 

If any section, subsection, subdivision, para- 
graph, sentence, clause or phrase of this Article 
or any part thereof, is for any reason to be held 
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 Section or any part 
thereof. The Board of Supervisors hereby de- 
clares that it would have passed each section, 
subsection, subdivision, paragraph, sentence, 
clause or phrase thereof irrespective of the fact 
that any one or more sections, subsections, sub- 
divisions, paragraphs, sentences, causes or phrases 
be declared unconstitutional or invalid or inef- 
fective. (Added by Ord. 35-99, App. 3/12/99) 

SEC. 1237. FEES. 

The Director is authorized to charge the 
following fees to defray the costs of document 
processing and review, consultation with appli- 
cants, and administration of this Article: (1) an 
initial fee of $390, payable to the Department, 
upon filing a site history report with the Depart- 
ment; and (2) an additional fee of $130 per hour 
for document processing and review and appli- 
cant consultation exceeding three hours or por- 
tion thereof, payable to the Department, upon 
filing of the certification required pursuant to 
Section 1229. (Added by Ord. 35-99, App. 3/12/ 
99) 



[The next page is 755] 



ARTICLE 23: VIDEO DISPLAY TERMINAL WORKER SAFETY 



Sec. 1301. Findings. 

Sec. 1302. Definitions. 

Sec. 1304. Workstation Standards. 

Sec. 1305. Alternative Work. 

Sec. 1307. Employee Education and 

Training. 
Sec. 1308. Employee Rights. 
Sec. 1309. Variance and Exemption 

Procedures. 
Sec. 1310. Fees. 

Sec. 1311. Right to Entry and Inspection. 
Sec. 1312. Authority to Adopt Rules and 

Regulations. 
Sec. 1313. Enforcement. 
Sec. 1314. Conflict with Other Laws. 
Sec. 1315. Severability. 

SEC. 1301. FINDINGS. 

(a) The Board of Supervisors of the City and 
County of San Francisco finds and declares that 
it shall be the public policy of the City and 
County of San Francisco to provide public and 
private sector employees who operate video dis- 
play terminals within the City and County of 
San Francisco with a safe and healthy work 
environment. 

(b) Investigations conducted by the Na- 
tional Institute for Occupational Safety and Health 
of video display terminal (VDT) operators in 
response to complaints of headaches, general 
malaise, eyestrain and other visual and muscu- 
loskeletal problems resulted in recommenda- 
tions for VDT workstation design, VDT work 
breaks and pre-placement and periodic visual 
testing to reduce musculoskeletal and vision 
complaints among VDT users. 

(c) Various world-wide studies have demon- 
strated elevated musculoskeletal discomforts and 
disorders in VDT operators as compared with 
non-VDT workers. Statistics from these studies 
show a correlation between VDT use and shoulder- 



neck discomfort/pain, wrist tendonitis, and car- 
pal tunnel syndrome. Statistics also show a higher 
number of vision complaints among VDT opera- 
tors compared to other workers. Research has 
shown that inadequate workstation adjustment, 
lack of operator knowledge of adjustments, and 
long, uninterrupted use of VDTs are associated 
with musculoskeletal disorders and vision com- 
plaints. The consensus of the National Institute 
for Occupational Safety and Health, the World 
Health Organization and the American National 
Standards Institute is that adjustable VDT work- 
stations in combination with training and proper 
adjustment of the workstation and periodic breaks 
from VDT use during the work day substantially 
contribute to suitable working postures and re- 
duce vision complaints, thereby providing a safer 
and healthier work environment for VDT opera- 
tors. 

(d) This Board of Supervisors further de- 
clares that, although some employees and manu- 
facturers have recognized and implemented safe- 
guards in equipment and workstation design 
and work routine in order to better protect the 
health and well-being of employees who operate 
VDTs on a regular basis, many VDT operators 
remain, as yet, unprotected. The Board of Super- 
visors finds that by providing for adjustable 
workstations and education and training cover- 
ing workstation design and adjustment, work 
routine, and the causes of and treatments for 
health effects association with VDT use, employ- 
ers will furnish a safer and healthier work place 
for VDT operators. (Added by Ord. 405-90, App. 
12/27/90) 

SEC. 1302. DEFINITIONS. 

For purposes of this Article: 

(a) "Department" means the Department of 
Public Health of the City and County of San 
Francisco. 



755 



Sec. 1302. 



San Francisco - Health Code 



756 



(b) "Director" means the Director of the 
Department of Public Health of the City and 
County of San Francisco or his or her designee. 

(c) "Employer" means any person, partner- 
ship, firm, association or corporation, and any 
agent of such business, located or doing business 
within the City and County of San Francisco, 
except state or federal government entities, but 
including the City and County of San Francisco, 
who has 15 or more employees for each working 
day in each of 20 or more calendar weeks in the 
current or preceding calendar year. "Employee" 
as used in this Article means any individual who 
is required or directed by an employer to engage 
in any employment within the City and County 
of San Francisco. 

(d) "Operator" means an employee who may 
be expected because of the employee's duties to 
use video display terminal equipment four hours 
or more, inclusive of breaks, per shift. 

(e) "Terminal" or "video display terminal 
(VDT)" means any electronic video screen data 
presentation machine, commonly denominated 
as video display terminals (VDT) including but 
not limited to cathode-ray tubes (CRT). Nothing 
in this Article may be construed to apply to 
televisions, cash registers, memory typewriters, 
oscilloscope screens or fixed console computer 
aided design drafting (CADD) hardware equip- 
ment. (Added by Ord. 405-90, App. 12/27/90; 
amended by Ord. 17-91, App. 1/18/91) 

Sec. 1303. 

(Added by Ord. 405-90, App. 12/27/90; repealed 

by Ord. 59-03, File No. 030044, App. 4/11/2003) 

SEC. 1304. WORKSTATION STANDARDS. 

(a) Within 12 months of the effective date of 
this Article 23, every employer, when purchasing 
VDT workstations or equipment, shall provide 
an operator who may be expected because of the 
employee's duties to routinely perform repetitive 
keyboard motions four hours or more, inclusive 
of breaks, per shift, with user-adjustable work- 
stations and chairs that meet the following mini- 
mum standards: 

(1) Seating for the workstation shall con- 
form to the provisions of the American National 
Standard for Human Factors Engineering of 



Visual Display Terminal Workstations, ANSI/ 
SFS Standard No. 100-1988, Section 8.7 "Seat- 
ing," or meet the requirements of Subsections 
(a)(1)(A) through (a)(1)(D) as follows: 

(A) Seat pans and backrests of chairs shall 
be upholstered with moisture absorbing mate- 
rial. The upholstery shall be compressible at a 
minimum in the range of approximately one-half 
to one inch. 

(B) Seat pans shall be adjustable for height 
and angle. 

(C) Backrests shall be adjustable for height 
and to a position behind and forward of the 
vertical position. 

(D) Chairs shall be capable of being swiv- 
elled by the user. 

(2) Arm rests, wrist rests and foot rests 
shall be provided upon the request of the opera- 
tor. Wrist rests shall enable the operator to 
maintain a neutral position of the wrist while at 
the keyboard, and shall be padded and without 
sharp edges. 

(3) The adjustment mechanism for adjust- 
able chair seat pans shall be operable by the user 
from a seated position. The adjustment mecha- 
nism for adjustable chair backrests shall be 
easily operable by the user. 

(4) The keyboard shall be detachable from 
the terminal. 

(5) The terminal display support shall be 
adjustable so that the entire primary viewing 
area of the terminal is between zero and 60 
degrees below the horizontal plane passing 
through the eyes of the operator. The terminal 
keyboard, in combination with the seating and 
the worksurface, shall be adjustable so that the 
operator, while seated in a normal, upright posi- 
tion, is able to operate the keyboard with his or 
her forearms, wrists and hands in a position 
approximately parallel to the floor. The height of 
the worksurface shall be such as to provide 
adequate clearance under the worksurface to 
accommodate the operator's legs in a normal 
upright seated position. 

(b) Within 12 months of the effective date of 
this Article 23, every employer, when purchasing 
VDT workstations or equipment, shall provide 



757 



Video Display Terminal Worker Safety 



Sec. 1305. 



an operator who may be expected because of the 
employee's duties to use video display terminal 
equipment four hours or more, inclusive of breaks, 
per shift, with a workstation that meets the 
following minimum standards: 

(1) Workstations shall be illuminated with 
lights arranged to avoid visual glare and discom- 
fort. The illumination level shall be within 200 - 
500 lux. Task lighting shall be made available 
upon the request of the operator. 

(2) Glare shall be eliminated through meth- 
ods that include but are not limited to shielding 
windows with shades, curtains or blinds, posi- 
tioning the terminal so that the terminal screen 
is at a right angle to the window producing the 
glare, fitting video display screens with anti- 
glare screens and providing keyboards with tops 
finished in a manner so as to minimize reflec- 
tion. 

(3) A document holder adjustable for place- 
ment angle and height shall be provided upon 
the request of the operator when a document 
holder is appropriate for the performance of the 
operator's duties. 

(4) Video display screens shall be clean, 
clear, and free of perceptible flicker to the opera- 
tor. 

(5) Direct noise from impact printers shall 
be reduced to improve ease of communication by 
placing covers over the printers or by isolating 
the printers from the rest of the work environ- 
ment. 

(c) As used in this Article, "routinely per- 
form repetitive keyboard motions" shall not be 
interpreted to include only brief, intermittent 
keyboard motions that are ancillary to the 
employee's performance of other work tasks. 

(d) Within 30 months of the effective date of 
this Article 23, every employer shall (1) upgrade 
existing VDT workstations and equipment that 
the employer provides to any operator, as defined 
in Section 1304(a), as necessary to comply with 
the minimum standards specified in Section 
1304(a)(1) through (a)(5); and (2) upgrade exist- 
ing VDT workstations and equipment that the 
employer provides to any operator, as defined in 
Section 1304(b), as necessary to comply with the 



minimum standards specified in Section 1304(b)( 1) 
through (b)(5); provided, however, that the up- 
grading required by Sections 1304(a) and (b) 
combined shall not require the employer to ex- 
pend more than $250 per upgraded VDT work- 
station. 

(e) Within 48 months of the effective date of 
this Article 23, for any existing equipment, every 
employer shall (1) upgrade or replace VDT work- 
stations and equipment that the employer pro- 
vides to any operator, as defined in Section 
1304(a), as necessary to comply with the mini- 
mum standards specified in Section 1304(a)(1) 
through (a)(5); and (2) upgrade or replace VDT 
workstations and equipment that the employer 
provides to any operator, as defined in Section 
1304(b), as necessary to comply with the mini- 
mum standards specified in Section 1304(b)(1) 
through (b)(5). (Added by Ord. 405-90, App. 12/ 
27/90; amended by Ord. 17-91, App. 1/18/91) 

SEC. 1305. ALTERNATIVE WORK. 

(a) Within 24 months of the effective date of 
this ordinance, every employer shall provide an 
operator who may be expected because of the 
employee's duties to routinely perform repetitive 
keyboard motions four hours or more, inclusive 
of breaks, per shift, with a minimum of a 15- 
minute, aggregate alternative work break dur- 
ing or immediately after every two hours of 
routinely performing repetitive keyboard mo- 
tions, except where reasonable alternative work 
cannot be practicably provided. 

(b) The term "alternative work break" as 
used in this section includes, but is not limited 
to, performance of work other than operation of a 
VDT, a rest break from work, a lunch break, or 
any combination of the above. However, nothing 
in this section shall be construed to in any way 
modify, increase or decrease any requirement for 
rest breaks or lunch breaks from work provided 
for by any federal or state law or regulation, or to 
require alternative work breaks inconsistent with 
the terms of any pertinent collective bargaining 
agreements or other employment contracts, in 
effect. (Added by Ord. 405-90, App. 12/27/90; 
amended by Ord. 17-91, App. 1/18/91) 



Sec. 1305. 



San Francisco - Health Code 



758 



Sec. 1306. 

(Added by Ord. 405-90, App. 12/27/90; repealed 

by Ord. 59-03, File No. 030044, App. 4/11/2003) 

SEC. 1307. EMPLOYEE EDUCATION 
AND TRAINING. 

The Director shall adopt regulations setting 
forth an employer's duties to furnish operators 
and their supervisors with information and train- 
ing about health and safety concerns associated 
with the use of video display terminals. The 
regulations shall be consistent with the following 
guidelines. 

(a) The information and training furnished 
to operators shall at a minimum include: 

(1) Known and suspected health effects and 
symptoms or health concerns which published 
scientific research has found to be associated 
with VDT work, including musculoskeletal strain, 
cumulative trauma disorders such as carpal tun- 
nel syndrome, vision effects, possible reproduc- 
tive effects and psychological stress; 

(2) Known and suspected causes of VDT- 
related health effects including poorly designed 
work stations, long periods of physical immobil- 
ity, poorly adjusted furniture, awkward pos- 
tures, poor visual correction, inappropriate lev- 
els of lighting, excessive glare, and excessive or 
continuous keyboard activity; 

(3) Protective measures which may be taken 
to reduce or alleviate health effects and symp- 
toms including: 

(A) Ergonomic principles regarding appro- 
priate positioning of furniture, accessories (such 
as foot rests, document holders and wrist rests) 
and displays and the importance of maximum 
flexibility in workstation design; 

(B) The importance of regular breaks from 
VDT work in alleviating musculoskeletal and 
visual strain; 

(C) Mechanisms for reducing glare and ex- 
cessive levels of room illumination, including 
indirect or shielded overhead lighting, window 
shades or blinds, proper placement of terminals 
in relation to glare sources, and glare screens; 

(D) Instruction in adjusting display for maxi- 
mum contrast and resolution; 



(E) The role of vision examinations in iden- 
tifying visual problems that may be exacerbated 
or precipitated by VDT use and determining the 
need for special visual correction for VDT work; 

(F) Hands-on instruction in making appro- 
priate adjustments to table, chair, display and 
accessories; 

(G) Eye and body exercises helpful in alle- 
viating musculoskeletal and visual strain. 

(4) A review of the latest scientific research 
in radiation emissions associated with VDT use, 
including a summary of research and published 
standards for non-ionizing radiation emissions 
and remedies for reducing potential radiation 
exposure such as use of non-radiation producing 
display technology. 

(b) The information and training shall de- 
scribe the contents of this ordinance and the 
employee's rights under it. 

(c) Employers shall provide the information 
to current operators and supervisors within six 
months of the effective date of the Director's 
regulations. 

(d) Beginning six months after the effective 
date of the Director's regulations, employers 
shall provide new operators with the information 
and training within the first 30 days of employ- 
ment. 

(e) Employers shall provide the information 
to operators and supervisors on an annual basis. 

(f) Employers shall maintain records iden- 
tifying those operators provided with informa- 
tion and training under this ordinance. (Added 
by Ord. 405-90, App. 12/27/90) 

SEC. 1308. EMPLOYEE RIGHTS. 

No employer shall discharge, threaten with 
discharge, demote, suspend, or alter an employee's 
pay, position, seniority or other benefits, or in 
any other manner discriminate against any em- 
ployee because such employee has (1) filed any 
oral or written complaint with the Department, 
the employer, or the employee's representative 
concerning the employee's rights under this or- 
dinance, (2) instituted or caused to be instituted 
any proceeding under or relating to the employee's 
rights under this ordinance or has testified or is 



759 



Video Display Terminal Worker Safety 



Sec. 1309. 



about to testify in any such proceeding, or (3) 
exercised on behalf of the employee or others any 
rights afforded the employee under this ordi- 
nance. (Added by Ord. 405-90, App. 12/27/90) 

SEC. 1309. VARIANCE AND EXEMPTION 
PROCEDURES. 

(a) Determination. The Director of the 
Bureau of Toxics, Health and Safety Services in 
the Department of Public Health shall have 
authority to approve: 

(1) A variance from a specific workstation 
standard, or rule or regulation adopted by the 
Director pursuant to this Article, upon a showing 
by the employer that an alternative program, 
method, practice, means, device or process will 
provide equal or superior safety for operators; 
and 

(2) An exemption from a specific worksta- 
tion standard, or rule or regulation adopted by 
the Director pursuant to this Article, upon a 
showing by the employer that it is technologi- 
cally infeasible to comply with the workstation 
standard or rule or regulation for which the 
exemption is sought because the nature of the 
employer's business necessitates the use of spe- 
cialized VDT or workstation equipment which is 
not readily available in conformance with the 
standard, rule or regulation, and the use of 
conforming equipment would adversely affect 
the task or work operations. An exemption may 
be granted for a period of up to two years. 

(b) Application. The employer of the place 
of employment for which the variance or exemp- 
tion is sought may initiate a variance or exemp- 
tion action by filing an application with the 
Department. An employer may file a single ap- 
plication and pay a single application fee for all 
variances and exemptions that the employer 
may seek at any one time at any one place of 
employment. The application shall be made in 
writing upon forms prescribed by the Depart- 
ment and shall contain or be accompanied by all 
information required to assure the presentation 
of pertinent facts for proper consideration of the 
variance or exemption. The filing of the applica- 
tion for a variance or exemption shall stay the 



applicability of the workstation standard, rule or 
regulation for which the variance or exemption is 
sought. Before accepting any application for fil- 
ing, the Department shall charge and collect an 
application fee. [See Section 1310.] 

(c) Hearing. The Director of the Bureau of 
Toxics, Health and Safety Services (hereinafter 
referred to in this Article as "Bureau Director") 
shall hold a hearing on the application and shall 
hear the employer and other interested parties. 
The Bureau Director shall cause a notice of the 
time and place of the variance or exemption 
hearing to be mailed to the employer by certified 
mail at the address specified in the application 
at least 10 days prior to said hearing. The 
Bureau Director shall act upon each application 
within 90 days of receipt by the Department of 
the completed application. This time limit may 
be extended by written agreement executed by 
the Bureau Director and the applicant. 

(d) Variance Findings. No variance shall 
be granted unless the Bureau Director finds and 
specifies in a written decision that in granting 
the variance, an equivalent level of safety will be 
provided through use of an alternative program, 
method, practice, means, device or process as is 
provided by the workstation standard or rule or 
regulation for which the variance is sought. 

(e) Exemption Findings. No exemption 
shall be granted unless the Bureau Director 
finds and specifies in a written decision that it is 
technologically infeasible for the employer to 
comply with a workstation standard or a rule or 
regulation because the nature of the employer's 
business necessitates the use of specialized VDT 
or workstation equipment which is not readily 
available in conformance with the standard, rule 
or regulation for which the exemption is sought, 
and the use of conforming equipment would 
adversely affect the task or work operations. 

(f) Notice to Operators. Immediately upon 
receipt of the notice of hearing, the employer 
shall provide notice of the application and hear- 
ing to affected operators and file a proof of 
service of the notice with the Department. 

(1) If affected operators are not represented 
by an authorized employee representative, the 
employer shall post a copy of the notice of the 



Sec. 1309. 



San Francisco - Health Code 



760 



hearing and a statement specifying where a copy 
of the variance or exemption application may be 
examined, at the place or places where notices to 
employees are usually posted. 

(2) If affected operators are represented by 
an authorized employee representative, the em- 
ployer shall provide a copy of the notice of the 
hearing and a statement specifying where a copy 
of the application may be examined, to the em- 
ployee representative by postage-prepaid first 
class mail or by personal delivery. 

(3) Proof of service shall be accomplished by 
filing an affidavit or declaration under penalty of 
perjury with the Department, certifying to the 
time and manner in which the notice was given. 

(g) Decision. Upon issuing the written de- 
cision either granting or denying the variance or 
exemption in whole or in part, the Bureau Direc- 
tor shall forthwith transmit a copy of the deci- 
sion to the employer by certified mail at the 
address specified in the application. It shall be a 
condition of the order that the employer shall 
give notice of the decision to affected operators 
by the same means used to inform them of the 
application and notice of hearing. The decision of 
the Bureau Director shall be final and shall 
become effective as stated therein, except upon 
the filing of a valid appeal to the Director of 
Public Health. 

(h) Record. A record shall be kept of the 
pertinent information presented at the hearing 
on the variance or exemption and such record 
shall be maintained as part of the permanent 
public records of the Department of Public Health. 

(i) Appeal. Within 30 days from the date 
the variance or exemption decision is mailed to 
the employer, the employer, affected operators or 
authorized employee representatives of the af- 
fected operators may appeal the decision, in 
writing, to the Director, setting forth in detail 
the ground or grounds for the appeal. Before 
accepting any application for appeal, the Depart- 
ment shall charge and collect an application fee. 
[See Section 1310.] 

(j) Hearing on Appeal. The Director shall 
set a time and place for the hearing on the appeal 
and cause a notice of the time and place of the 



hearing to be mailed to the applicant by certified 
mail at the address specified in the application 
not later than 10 working days from the date the 
appeal was received by the Director. The hearing 
shall be conducted within 30 days from the date 
the appeal was received by the Director. The 
Director shall hear the applicant and other in- 
terested parties. 

(k) Notice of Appeal to Operators, Em- 
ployee Representatives, Employers. If the 
applicant on appeal is the employer, the appli- 
cant shall provide notice of the appeal applica- 
tion and hearing to affected operators as pro- 
vided in Subsection (f), above. If the applicant is 
an affected operator or authorized employee rep- 
resentative, the applicant shall provide notice of 
the appeal and hearing to the employer by postage- 
prepaid first class mail or by personal delivery. 
Proof of service shall be accomplished by filing 
an affidavit or declaration under penalty of per- 
jury with the Department, certifying to the time 
and manner in which the notice was given. 

(1) Disposition of Appeal. After the hear- 
ing on the appeal, the director may affirm the 
original decision, may reverse the original deci- 
sion or may modify the original decision. The 
Director shall forthwith transmit a copy of the 
decision to the applicant on appeal by certified 
mail at the address specified in the application. 
It shall be a condition of the order that the 
applicant shall give notice of the decision to 
affected operators, authorized employee repre- 
sentatives or the employer, as applicable, by the 
same means used to inform them of the appeal 
application and hearing. 

(m) Record of Appeal. A record shall be 
kept of the pertinent information presented at 
the hearing on the appeal and such record shall 
be maintained as part of the permanent public 
records of the Department. (Added by Ord. 405- 
90, App. 12/27/90) 

SEC. 1310. FEES. 

(a) VDT Variance or Exemption Appli- 
cation Fee. Applicants for a variance or an 
exemption from the requirements of the video 
display terminals ordinance shall pay a filing fee 
of $175 to the Department of Public Health. 



761 



Video Display Terminal Worker Safety 



Sec. 1314. 



(b) Variance or Exemption Appeal Fee. 

Applicants on appeal of a variance or exemption 
decision from the requirements of the video dis- 
play terminals ordinance shall pay a filing fee of 
$175 to the Department of Public Health. (Added 
by Ord. 302-91, App. 8/6/91) 

SEC. 1311. RIGHT TO ENTRY AND 
INSPECTION. 

In order to carry out the purposes and provi- 
sions of this Article, the Director shall have the 
right at any reasonable time, upon the presenta- 
tion of proper credentials, to enter upon or into 
the premises of any employer, as defined in this 
Article, who employs one or more VDT operators 
to inspect said premises for compliance with this 
Article. If the owner or occupant of the premises 
denies entry, the Director shall obtain a proper 
inspection warrant or other remedy provided by 
law to secure entry. (Added by Ord. 405-90, App. 
12/27/90) 



SEC. 1312. AUTHORITY TO ADOPT 
RULES AND REGULATIONS. 

(a) The Director may adopt and from time 
to time amend reasonable rules, regulations and 
guidelines consistent with and implementing the 
provisions and intent of this Article. Said rules 
and regulations shall be approved by the Health 
Commission at a public hearing. In addition to 
the notice required by law, before the Health 
Commission approves the issuance or amend- 
ment of any rule or regulation, the director shall 
provide a 30-day public comment period by pro- 
viding 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. The Secretary of the Health 
Commission shall send written notice, at least 15 
days prior to the hearing, to any interested party 
who sends a written request to the Health Com- 
mission for notice of hearings on VDT rules or 
regulations. (Added by Ord. 405-90, App. 12/27/ 
90) 



SEC. 1313. ENFORCEMENT. 

(a) The Director may enforce the provisions 
of this Article against violations by either of the 
following actions: 

(1) Serving notice requiring the correction 
of any violation of this Article; 

(2) Calling upon the City Attorney to main- 
tain an action for injunction to enforce the pro- 
visions of this Article, to cause the correction of 
any such violation, and for assessment and re- 
covery of a civil penalty for such violation. 

(b) Any employer who violates this Article 
shall be liable for a civil penalty, not to exceed 
$500, which penalty shall be assessed and recov- 
ered in a civil action brought in the name of the 
People of the City and County of San Francisco 
in any court of competent jurisdiction. Each day 
such violation is committed or permitted to con- 
tinue shall constitute a separate offense and 
shall be punishable as such. Any penalty as- 
sessed and recovered in an action brought pur- 
suant to this paragraph shall be paid to the 
Treasurer of the City and County of San Fran- 
cisco. 

(c) In undertaking the enforcement of this 
ordinance, 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 obli- 
gation for breach of which it is liable in money 
damages to any person who claims that such 
breach proximately caused injury. (Added by 
Ord. 405-90, App. 12/27/90) 

SEC. 1314. CONFLICT WITH OTHER 
LAWS. 

(a) By adopting this ordinance, the City and 
County of San Francisco does not intend to 
authorize any activity that federal or state law or 
regulation prohibits, to prohibit any activity that 
federal or state law or regulation authorizes, or 
to duplicate any federal or state law or regula- 
tion except to the extent allowed by law. 

(b) This ordinance shall be void upon the 
enactment or adoption of any California or fed- 
eral law having preemptive effect on the regula- 
tion of VDTs in the workplace. (Added by Ord. 
405-90, App. 12/27/90) 



Sec. 1315. San Francisco - Health Code 762 

SEC. 1315. SEVERABILITY. 

If any provision of this Article, or the appli- 
cation of any such provision to any person or 
circumstances, shall be held invalid, the remain- 
der of this Article, to the extent it can be given 
effect, or the application of those provisions to 
persons or circumstances other than those to 
which it is held invalid, shall not be affected 
thereby, and to this end the provisions of this 
Article are severable. (Added by Ord. 405-90, 
App. 12/27/90) 



[The next page is 775] 



ARTICLE 24: CHLOROFLUOROCARBON RECOVERY AND RECYCLING 



Sec. 1401. Findings and Purpose. 

Sec. 1402. Definitions. 

Sec. 1403. Authority to Adopt Rules and 

Regulations. 
Sec. 1404. Prohibition on Sale of CFC 

Containers. 
Sec. 1405. Prohibition on Release of CFC 

and Operation Without Permit. 
Sec. 1406. Permit Requirements. 
Sec. 1407. Violations. 
Sec. 1408. Civil Penalties. 
Sec. 1409. Enforcement. 
Sec. 1410. Hearings. 
Sec. 1411. Inspection and Administration 

Fees. 
Sec. 1412. Fee Schedule. 
Sec. 1413. Severability. 

SEC. 1401. FINDINGS AND PURPOSE. 

The Board of Supervisors finds that the re- 
lease of chlorofluorocarbon (CFC) into the envi- 
ronment may endanger public health and wel- 
fare by causing or contributing to significant 
depletion of stratospheric ozone. The Environ- 
mental Protection Agency has determined that 
this depletion will result in health and environ- 
mental harm, including increased incidence of 
skin cancer and cataracts, suppression of the 
immune response system, and damage to crops 
and aquatic organisms. (Federal Register, Au- 
gust 12, 1988, p. 30566.) The findings adopted 
under Section 469 of the San Francisco Health 
Code on stratospheric ozone depletion, health 
effects and global warming due to releases of 
CFCs are therefore incorporated herein. 

The Board of Supervisors finds that repair, 
replacement and dismantling of mobile air- 
conditioners in automobiles and trucks are ma- 
jor sources of CFC releases. As part of the repair, 
replacement and dismantling procedures, CFCs 
are purged from these systems to the atmo- 



sphere. After repair, mobile air conditioners are 
recharged with newly manufactured CFC sup- 
plied in small containers, available at retail 
stores in San Francisco. When additional repairs 
are needed, this CFC is purged from the system. 
Due to this cycle, manufactured CFCs are con- 
tinually released to the environment. The Envi- 
ronmental Protection Agency has determined 
that approximately 25 percent of domestically 
consumed CFCs are used in automobiles, mak- 
ing this industry the largest single user of these 
chemicals. (Federal Register, August 12, 1988, p. 
30616.) 

The Board of Supervisors finds that a prohi- 
bition on the release of CFCs by businesses and 
government agencies that install, repair or dis- 
mantle mobile air-conditioners would be a sig- 
nificant benefit to the health and welfare of the 
people of San Francisco. The Board of Supervi- 
sors further finds that measures which lower the 
supply of CFC for sale in San Francisco, and 
which break the cycle of recharge and release 
from mobile air- conditioning systems, will sig- 
nificantly contribute to public health and wel- 
fare. 

The Board of Supervisors finds, therefore, 
that this legislation requiring permits, inspec- 
tions and installation of CFC recovery equip- 
ment for businesses which release CFCs as part 
of their work on mobile air- conditioning sys- 
tems, and prohibiting the sale of small CFC 
containers, is an essential step for limiting the 
future release of CFCs to the environment. (Added 
by Ord. 279-91, App. 7/3/91) 

SEC. 1402. DEFINITIONS. 

As used in Sections 1401 through 1413 inclu- 
sive, the following words and terms shall have 
the following meanings: 

(a) "Approved CFC recycling equipment" 
means equipment certified by the Administrator 
of the Environmental Protection Agency pursu- 
ant to Section 609(b) of the Clean Air Act, 42 



775 



Sec. 1402. 



San Francisco - Health Code 



776 



U.S.C. Section 7671h(b), or equipment which has 
been certified by Underwriters Laboratories or 
another independent standards testing author- 
ity, as meeting the standards of the Society of 
Automotive Engineers for equipment for the 
extraction and reclamation of refrigerants from 
motor vehicle air conditioners, including but not 
limited to SAE standard J- 1990. Equipment pur- 
chased before the commencement of certification 
by Underwriters Laboratories or another inde- 
pendent testing organization shall be considered 
approved if it is substantially identical to equip- 
ment certified under the previous sentence. 

(b) "Chlorofluorocarbon(s)" or "CFC(s) n means 
the family of substances containing carbon, fluo- 
rine and chlorine that have no hydrogen atoms 
and no double bonds, and which includes, but is 
not limited to, trichlorofluoromethane (CFC-11), 
dichlorofluoromethane (CFC-12), trichlorotrifluo- 
romethane (CFC-113), dichlorotetrafluoroethane 
(CFC-114), and monochloropentafluoroethane 
(CFC-115). The term shall also include any sub- 
stance listed under Section 602 of the Clean Air 
Act, 42 U.S.C. Section 7671(a). 

(c) "Department" means the San Francisco 
Department of Public Health. 

(d) "Director" means the Director of the San 
Francisco Department of Public Health or the 
Director's designee. 

(e) "Establishment" means a single busi- 
ness or government operation conducted on the 
same or contiguous parcels of property under the 
same ownership or entitlement to use, and the 
building or buildings, appurtenant structures, 
and surrounding land area used by the operation 
at that location or site. 

(f) "Motor vehicle" means any vehicle which 
is self-propelled, such as automobiles, trucks, 
and buses, and includes public transportation 
vehicles operated by the San Francisco Munici- 
pal Railway. 

(g) "Motor vehicle air-conditioning system" 
means mechanical vapor compression refrigera- 
tion equipment used to cool the driver or passen- 
ger compartment of any motor vehicle. 



(h) "Permit" means a document issued by 
the Director which authorizes a person or estab- 
lishment to operate approved CFC recycling equip- 
ment in order to install, service, repair, dis- 
mantle or dispose of motor vehicle air-conditioning 
systems. 

(i) "Person" means an individual, trust, firm, 
joint stock company, corporation, including a 
government corporation, partnership, associa- 
tion, city, county, city and county, district, the 
State, including any department or agency thereof 
to the extent authorized by State law, or the 
United States to the extent authorized by federal 
law. 

(j) "Release" means any leaking, pumping, 
venting, emptying, or discharging of CFCs to the 
environment by persons subject to this Article, 
except as authorized by a permit. (Added by Ord. 
279-91, App. 7/3/91) 

SEC. 1403. AUTHORITY TO ADOPT 
RULES AND REGULATIONS. 

The Director may adopt and from time to 
time amend reasonable rules, regulations and 
guidelines consistent with and implementing the 
provisions of this Article. Prior to adoption of any 
rule or regulation under this Article, the Director 
shall provide a 30-day public comment period by 
providing published notice in an official newspa- 
per of general circulation in the City and County 
of San Francisco of the intent to issue or amend 
the rule or regulation. Rules and regulations 
shall be approved by the Health Commission at a 
public hearing. In addition to the notices re- 
quired by law, the Secretary of the Health Com- 
mission shall send written notice, at least 15 
days prior to the hearing, to any interested party 
who sends a written request to the Health Com- 
mission for notice of hearings on hazardous waste 
regulation. Regulations promulgated by the Di- 
rector and approved by the Health Commission 
shall be maintained in the Office of the Clerk of 
the Board of Supervisors. (Added by Ord. 279-91, 
App. 7/3/91) 

SEC. 1404. PROHIBITION ON SALE OF 
CFC CONTAINERS. 

No person shall sell, transfer, or deliver any 
CFC suitable for use as a refrigerant in a motor 



777 



Chlorofluorocarbon Recovery and Recycling 



Sec. 1406. 



vehicle air-conditioning system in a container 
which contains less than 20 pounds of such 
refrigerant, except to a person or establishment 
issued either a permit under Section 1406 of this 
Article, or a certification in compliance with 
federal law. (Added by Ord. 279-91, App. 7/3/91) 

SEC. 1405. PROHIBITION ON RELEASE 
OF CFC AND OPERATION WITHOUT 
PERMIT. 

(a) No person engaged in the profession, 
trade or business of installation, repair, or dis- 
mantling of motor vehicles, shall install, repair 
or dismantle any motor vehicle air-conditioning 
system except in compliance with a permit is- 
sued by the Director. 

(b) No person engaged in the profession, 
trade or business of installation, repair, or dis- 
mantling of motor vehicles, shall dispose of or 
cause the disposal of any motor vehicle air- 
conditioning system without first extracting CFC 
refrigerants in compliance with a permit issued 
by the Director. 

(c) No person subject to Sections 1405(a) or 
1405(b) shall: 

(1) Intentionally release CFCs to the envi- 
ronment; or 

(2) Add CFC refrigerant to any motor ve- 
hicle air conditioning system without first check- 
ing the system for leaks and ensuring that no 
detectable leaks exist. 

(d) Failure of any person subject to this 
Section to ensure the integrity of a motor vehicle 
air- conditioning system before adding refriger- 
ant, other than as a means solely for identifying 
the location of any leaks, shall constitute an 
intentional release. 

(e) For purposes of this Article, the owner or 
operator of an establishment at which motor 
vehicle air-conditioning systems are installed, 
repaired, or dismantled shall be considered a 
person engaged in the profession, trade or busi- 
ness of installation, repair, or dismantling of 
motor vehicles. (Added by Ord. 279-91, App. 
7/3/91) 



SEC. 1406. PERMIT REQUIREMENT