Describing and setting forth a proposal to the voters at an election to be held on June 7, 2022, to amend the Charter of the City and County of San Francisco to revise the duties, composition, and method of appointment for members of the Building Inspection Commission; and affirming the Planning Department’s determination under the California Environmental Quality Act. 

Section 1.  The Planning Department has determined that the actions contemplated in this proposed Charter Amendment comply with the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.).  Said determination is on file with the Clerk of the Board of Supervisors in File No. 211286 and is incorporated herein by reference.  The Board affirms this determination.  

Section 2.  The Board of Supervisors hereby submits to the qualified voters of the City and County, at an election to be held on June 7, 2022, a proposal to amend the Charter of the City and County by revising Section 4.121 and Appendix D, to read as follows:

NOTE:  Unchanged Charter text and uncodified text are in plain font.

             Additions are single-underline italics Times New Roman font.

             Deletions are strike-through italics Times New Roman font.

             Asterisks (*   *   *   *) indicate the omission of unchanged Charter subsections.

SEC. 4.121.  BUILDING INSPECTION COMMISSION.

   The Building Inspection Commission shall consist of seven members nominated and appointed pursuant to this Section 4.121 and with an emphasis on seeking to include members concerned with tenant safety and habitability issues. Four members shall be nominatedappointed by the Mayor for a term of two years. Three members shall be nominatedappointed by the President of the Board of Supervisors for a term of two years. Two of the four Mayoral appointments shall each have one or more of the following qualifications: be an active, formerly active, or retired structural engineer, architect, or residential builder. One of the three Board President appointments shall have one or more of the following qualifications: be a residential tenant or work or have worked for a non-profit housing organization.

Each nomination of the Mayor and the President of the Board of Supervisors is subject to approval by the Board of Supervisors, and shall be the subject of a public hearing and vote within 60 days. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk of the Board of Supervisors, the nominee shall be deemed approved. The appointment shall become effective on the date the Board adopts a motion approving the nomination or after 60 days of the date the nomination is transmitted to the Clerk of the Board of Supervisors. Members may be removed by the appointing officer only pursuant to Section 15.105. Vacancies occurring in the offices of appointive members, either during or at the expiration of a term, shall be nominated and appointed in accordance with the appointment process specified in this paragraphfilled by the appointing officer.

The Building Inspection Commission shall have responsibility for oversight of the Department of Building Inspection, which shall have responsibility for the enforcement, administration, and interpretation of the San Francisco Housing, Building, Mechanical, Electrical, and Plumbing Codes, except where this Charter specifically grants that power to another department.

The Commission shall oversee the inspection and regulation of additions, alterations, and repairs in all buildings and structures covered by the San Francisco Housing, Building, Mechanical, Electrical, and Plumbing Codes. However, nothing in this Section 4.121 shall diminish or alter the jurisdiction of the Planning Commission or Department over changes of use or occupancy under the Planning Code. The Commission shall ensure the provision of minimum standards to safeguard life or limb, health, property, and the public welfare by regulating and controlling the safe use of such buildings and structures. The Commission shall ensure the vigorous enforcement of City laws mandating the provision of heat and hot water to residential tenants. The Commission shall also ensure the enforcement of local, state, and federal disability access laws. The Commission shall exercise all the powers and duties of boards and commissions set forth in Sections 4.102, 4.103, and 4.104, and may take other actions as prescribed by ordinance. The members of the Commission shall serve without compensation.

The Commission shall adopt rules and regulations consistent with fulfilling its responsibilities under this Charter. The Commission shall also adopt rules and regulations governing Commission meetings and also adopt requirements for notification and mailing for Commission business. The Commission shall hold public hearings on all proposed amendments to the San Francisco Building Code, Electrical Code, Housing Code, Plumbing Code, and Mechanical Code.

The Commission shall constitute the Abatement Appeals Board, and shall assume all powers granted to this entity under this Charter and the San Francisco Building Code. The Commission shall appoint and may remove at its pleasure members of the Board of Examiners, Access Appeals Commission, and Code Advisory Committee, all of which shall have the powers and duties to the extent set forth in the San Francisco Building Code.

The Commission may reverse, affirm, or modify determinations made by the Department of Building Inspection on all permits required for a final certificate of completion. The Commission’s jurisdiction under this paragraph, however, shall not extend to permits appealable to the Planning Commission or Board of Appeals. Appeals of decisions within the Commission’s jurisdiction must be filed with the Commission within fifteen days of the challenged determination.  The Commission’s action shall be final.

   The four Mayoral appointments shall consist of a structural engineer, a licensed architect, a residential builder, and a representative of a community-based non-profit housing development corporation. The three Supervisorial appointments shall consist of a residential tenant, a residential landlord, and a member of the general public.

   Notwithstanding any other provision of the Charter, the Commission shall have the power to appoint and remove a department head.

APPENDIX D:

BUILDING INSPECTION PROVISIONS

D3.750  ESTABLISHMENT

   Recognizing that the provision of safe and sanitary buildings is essential to the welfare of the inhabitants of the City and County of San Francisco, there is hereby established a Department of Building Inspection which shall consist of a Building Inspection Commission, a Director of Building Inspection, and such employees as may be necessary to carry out the functions and duties of said department. The commission shall organize, reorganize, and manage the department. When the commission assumes management of the department, the Bureau of Building Inspection shall cease to exist. Unless modified or repealed by the commission, all orders, regulations, rules, and policies of the Bureau of Building Inspection will remain in effect. Except as limited below, positions in the Bureau of Building Inspection of the Department of Public Works legally authorized on the date the commission assumes management of the department shall be continued, and incumbents therein legally appointed thereto shall be continued as officers and employees of the department under the conditions governing their respective appointments.

D3.750-1.  COMMISSION; COMPOSITION.

The Department of Building Inspection shall be under the management of a Building Inspection Commission consisting of seven members. Four members shall be appointed by the mayor for a term of two years; provided that the respective terms of office of those first appointed shall be as follows: two for one year, and two for two years from the effective date of this section. Three members shall be appointed by the President of the Board of Supervisors for a term of two years; provided that the respective terms of office of those first appointed shall be as follows: three for one year from the effective date of this section. The initial appointments shall be made no later than fifteen days after the effective date of this section, and the commission’s management shall begin no later than forty-five days after the effective date of this section. Vacancies occurring in the offices of appointive members, either during or at expiration of term, shall be filled by the electoral office that made the appointment. The four mayoral appointments shall be comprised of a structural engineer, a licensed architect, a residential builder, and a representative of a community- based non-profit housing development corporation. The three Supervisorial appointments shall be comprised of a residential tenant, a residential landlord, and a member of the general public. The members of the commission shall serve without compensation.

   Pursuant to Government Code Section 87103, individuals appointed to the commission under this section are intended to represent and further the interest of the particular industries, trades, or professions specified herein. Accordingly, it is found that for purposes of persons who hold such office, the specified industries, trades, or professions are tantamount to and constitute the public generally within the meaning of Government Code Section 87103.

D3.750  AMENDMENT OF CHARTER PROVISIONS; TRANSITION

The amendments of Section 4.121 and of provisions of this Appendix D, adopted at the June 7, 2022 election, shall become operative on July 1, 2023; provided, however, that the new process for nominating and confirming members to the Building Inspection Commission, along with the change in qualifications for members accompanying that new process, as specified in Section 4.121 as amended, shall commence sufficiently in advance of July 1, 2023 such that members may be appointed under the new process and be prepared to assume office on that date.   

D3.750-1  TERMS OF OFFICE OF BUILDING INSPECTION COMMISSION

The terms of office of all members of the Commission who hold office as of July 1, 2023 shall expire at noon on that date, at which time the terms of office for members of the Commission appointed pursuant to the new process for nominating and confirming members as referenced in Section D3.750 shall commence. In order to stagger the terms, three members (appointees to Seats 3 and 4, as designated by the Mayor when nominated; and the appointee to Seat 7, as designated by the President of the Board of Supervisors when nominated) shall initially serve one-year terms, and four members (appointees to Seats 1 and 2, as designated by the Mayor when nominated; and appointees to Seats 5 and 6, as designated by the President of the Board of Supervisors when nominated) shall initially serve two-year terms.  All subsequent terms of office for all members of the Commission shall be two years.

D3.750-2  DIRECTOR OF BUILDING INSPECTION; OTHER EXECUTIVES

   The Director of Building Inspection shall be the department head and appointing officer of the Department of Building Inspection and shall be qualified by either technical training or administrative experience in the enforcement of building and other construction codes. The Director shall serve as the building official of the City and County and, upon his or her appointment, shall assume all of the powers and duties of the Director of Public Works with respect to the administration and enforcement of the building code and other construction codes. The Director shall have all the powers provided for department heads as set forth in Section 3.501 of this Charter. The Director shall be appointed by the commission and hold office at its pleasure; the person who has civil service status in the position of Superintendent of the Bureau of Building Inspection on the date the commission assumes management of the department shall serve as interim Director pending the appointment of a Director by the commission. Subject to the approval of the commission, and the budgetary and fiscal provisions of this Charter, the Director shall have the power to appoint and remove, at his or her pleasure, up to one deputy superintendent and no more than two assistant superintendents, all of whom shall be exempt from the civil service provisions of this Charter.

   The Director shall not serve as an officer or member of any standing or ad hoc committee of any building industry or code development or enforcement organization or public agency other than the City and County of San Francisco without the prior approval of the Ccommission.

D3.750-3  SECRETARY OF COMMISSION; CONSULTANTS

   The Building Inspection Commission may appoint a secretary, which appointment shall not be subject to the civil service provisions of this Charter. Subject to the provisions of Section 6.302, 6.312 and 6.313 of this Charter, the commission may also contract with engineers or other consultants for such services as it may require. 

D3.750-4  POWERS AND DUTIES

   The Building Inspection Commission shall organize, reorganize, and manage the Department of Building Inspection which shall have responsibility for the enforcement, administration, and interpretation of the City’s Housing, Building, Mechanical, Electrical, and Plumbing Codes, except where this Charter specifically grants that power to another department. The Central Permit Bureau, formerly within the Bureau of Building Inspection, shall also be managed by the commission.

   The commission shall inspect and regulate additions, alterations, and repairs in all buildings and structures covered by the San Francisco Housing, Building, Mechanical, Electrical, and Plumbing Codes. Nothing in this chapter shall diminish or alter the jurisdiction of the Planning Department over changes of use or occupancy under the Planning Code. The commission shall ensure the provision of minimum standards to safeguard life or limb, health, property, and the public welfare by regulating and controlling the safe use of such buildings and structures. The commission shall ensure the vigorous enforcement of City laws mandating the provision of heat and hot water to residential tenants. The commission shall also ensure the enforcement of local, state, and federal disability access laws. The commission shall be a policy-making and supervisory body with all the powers provided for in Section 3.500 of this Charter.

   The commission shall constitute the Abatement Appeals Board, and shall assume all powers granted to this entity under this Charter and the San Francisco Building Code. The commission shall appoint and may remove at its pleasure members of the Board of Examiners, Access Appeals Board, and Code Advisory Committee, all of which shall have the powers and duties to the extent set forth in the San Francisco Building Code.

   The commission shall have the power to hold hearings and hear appeals on all decisions made by the Department of Public Works regarding permits under one or more of the codes enumerated in this section and on sidewalk or encroachment permits. The commission may reverse, affirm or modify determinations made by the Department of Public Works, Water Department, or Department of Building Inspection on all permits required for a final certificate of completion. The commission’s jurisdiction under this section, however, shall not extend to permits appealable to the Planning Commission or Board of Permit Appeals. Departmental decisions on permits subject to commission review shall be made within the time mandates of the state Permit Streamlining Act. Appeals of decisions must be filed with the commission within fifteen days of the challenged determination. The commission shall act on the appeal within a reasonable time. The commission’s action shall be final.

D3.750-35  CODE PUBLICATIONACTIONS OF COMMISSION

The commission shall adopt rules and regulations consistent with fulfilling its responsibilities under this Charter. The commission shall also adopt rules and regulations governing commission meetings and also adopt requirements for notification and mailing for commission business. The commission shall hold public hearings on all proposed amendments to the San Francisco Building Code, Electrical Code, Housing Code, Plumbing Code, and Mechanical Code.

   The Building Inspection Commission shall have the sole authority to contract for the publication of the San Francisco Housing, Building, Mechanical, Electrical, and Plumbing Codes, and any amendments thereto. Other provisions of this Charter and the Administrative Code notwithstanding, the selection of a publisher shall be based on the lowest retail cost to the public of a complete set of these codes.

   D3.750-46  APPROVAL OF BUDGETS

   The commission shall initially be funded out of the 1994-95 budget approved for the Bureau of Building Inspection, and subsequent funding shall come from the budget of the Department of Building Inspection.

   The Director of Building Inspection shall submit a proposed department budget for each upcoming fiscal year for approval by the Ccommission. The proposed budget shall be compiled in such detail as shall be required on uniform blanks furnished by the controller. The Building Inspection Commission must hold at least two public hearings on the respective budget proposal.

   The final budget for the Department of Building Inspection must be approved by a favorable vote of at least five commissioners.

D3.750-57  TECHNICAL BOARDS AND ADVISORY COMMITTEES

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D3.750-68  SEVERABILITY

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Section 3.  Conflicting Ballot Measures.  In the event that this measure and another measure relating to the duties, composition, qualifications, and methods of appointment of members of the Building Inspection Commission appear on the same municipal election ballot, the provisions of such other measure shall be deemed in conflict with this measure.  In the event that this measure shall receive a greater number of affirmative votes than the other measure, the provisions of this measure shall prevail in their entirety and each and every provision of the other measure that  pertains to the Building Inspection Commission shall be null and void, to the extent it pertains to the Building Inspection Commission.