§ 713.

WAIVERS

a.

Waivers from the requirements of this Chapter are available under the following circumstances:

1.

Emergency. A City department may grant itself a waiver from any requirement of this Chapter, except the requirements of Section 706(a)(4), when it is necessary to respond to an emergency which endangers public health or safety. In such case, the City department shall report to the Director on a form provided by the Director regarding the emergency that prevented compliance with this Chapter within five business days. City departments desiring an emergency waiver from the requirements of Section 706(a)(4) shall confer with the General Manager of the San Francisco Public Utilities Commission.

2.

Cost Prohibitive. A City department may request a waiver from the Director on a form provided by the Director if compliance with this Chapter is cost prohibitive. The Task Force shall provide the Director with a recommendation with respect to the waiver request. The Director may grant a waiver upon a finding that the requesting department has:

A.

Demonstrated which specific requirements are cost prohibitive as weighed against the potential economic, environmental and health benefits posed by a particular requirement; and

B.

If applicable for Section 705, developed a reasonable plan to maximize the number of LEED points attainable.

3.

Other. If, due to specific circumstances, compliance would defeat the intent of this Chapter or create an unreasonable burden on the construction project or City department, the City department may request a waiver from that requirement from the Director on a form provided by the Director. The Task Force shall provide the Director with a recommendation with respect to the waiver request. The Director may grant a waiver upon a finding that the requesting Department has:

A.

Documented the circumstances and burdens at issue; and

B.

If applicable for Section 705, developed a reasonable plan to maximize the number of LEED points attainable.

b.

The Director shall respond to a request for a waiver within 35 days.

c.

The Director may not waive the requirements of Sections 706(a)(4), 707, and 708, except in the case of emergencies as provided in subsection (a)(1). Departments seeking waivers of the requirements of Section 710(b) must follow the procedures provided for in Section 710(b)(2)(F). Granting of a waiver for any requirement of this Chapter does not waive any requirement of San Francisco Building Code Chapter 13C.

d.

The Director shall report to the Commission on the Environment regularly on waivers requested, granted and denied.

History

(Added as Sec. 708 by Ord. 88-04, File No. 030679, App. 5/27/2004; renumbered and amended by Ord. 204-11, File No. 110854, App. 10/11/2011, Eff. 11/10/2011)

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