CITY AND COUNTY OF
SAN FRANCISCO
MUNICIPAL CODE
HEALTH CODE
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MUNICIPAL CODE CORPORATION
Tallahassee, Florida
2006
CITY AND COUNTY OF SAN FRANCISCO
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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
[The next page is 603]
Supp. No. 1, September 2006
[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 
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