Meet the DBI Pros Summit October 25, 2006 Amy Lee, Acting Director

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Meet the DBI Pros SummitMeet the DBI Pros SummitOctober 25, 2006 October 25, 2006

Amy Lee, Acting DirectorAmy Lee, Acting Director

Code EnforcementCode Enforcement

MEET THE DBI PROSMEET THE DBI PROS

Presented by:

Thomas Venizelos, Senior Building Inspector, DBI-BID

Donal Duffy, Building Inspector, DBI-BID

James Li, Acting Senior Building Inspector, DBI-BID-CES

Alan Davison, Senior Housing Inspector, DBI-HIS

May-Ling Dea, Housing Inspector, DBI-LAD


Panel Resource Members:

Yvonne Mere, City Attorney

Office of the City Attorney

Rebecca Logue-Bovee, Executive Director

Housing Rights Committee

Janan New, Executive Director

San Francisco Apartment Association

Lupe Arreola, Outreach Coordinator,

St. Peter’s Housing Committee

WHAT IS CODE WHAT IS CODE ENFORCEMENT?ENFORCEMENT?

This is the administrative process utilized by the DBI to This is the administrative process utilized by the DBI to require property owners with code violations to comply require property owners with code violations to comply with the San Francisco:with the San Francisco:

Administrative Building Codes Electrical Housing Mechanical Plumbing



WHICH SECTIONS/DIVISIONS INVESTIGATE WHICH SECTIONS/DIVISIONS INVESTIGATE COMPLAINTS IN THE CODE ENFORCEMENT COMPLAINTS IN THE CODE ENFORCEMENT PROCESS?PROCESS?

Building Inspection (BID) Disability Access (DAD) Electrical Inspection (EID) Housing Inspection (HIS) Plumbing Inspection (PID) Lead Abatement Division (LAD) Code Enforcement Section (CES)

COMPLAINT* Initiated by public or referral

INSPECTION

NOTICE OF VIOLATION EMERGENCY ORDER

REINSPECTION

DIRECTOR'SHEARING

ORDER ISSUED

ASSESSMENT OF COST

FTB CITATIONSLITIGATIONCOMMITTEE

CITY ATTORNEY DISTRICT ATTORNEY

ABATEMENT

ABATED?

Note : San Francisco Housing & Building Codes provides variation of sequence indicated aboveon a case by case basis.

SAN FRANCISCO HOUSING CODETYPICAL ENFORCEMENT CASE FLOW CHART

OBTAIN PERMIT(S) IFREQUIRED

CODEENFORCEMENT

OUTREACH

Notice of Violation (NOV)Notice of Violation (NOV)

Description of the problem Description of the problem Instruction on how to correct the code Instruction on how to correct the code

violationsviolations Tells how much time you have to Tells how much time you have to

complycomply Establishes penalties if applicable Establishes penalties if applicable



INSPECTION


REINSPECTION

DIRECTOR'SHEARING

ORDER ISSUED

ASSESSMENT OF COST



ABATEMENT

ABATED?

Note : The San Francisco Housing & Building Codes provide variation of the sequence indicated above on a case by case basis.


(NECESSARY TO ENSURE SAFE, FUNCTIONAL & SANITARY HOUSING)

OBTAIN PERMIT(S)IF REQUIRED

CODEENFORCEMENT

OUTREACH


DIRECTOR’S HEARINGDIRECTOR’S HEARING

Held at DBIHeld at DBI Chief Inspector PresidesChief Inspector Presides Witnesses Sworn inWitnesses Sworn in City, Owner & Interested Parties – City, Owner & Interested Parties –

Opportunity to TestifyOpportunity to Testify Proceedings Audio RecordedProceedings Audio Recorded


DIRECTOR’S ORDER OF ABATEMENTDIRECTOR’S ORDER OF ABATEMENT

IS A CLOUD OR LIEN RECORDED ON IS A CLOUD OR LIEN RECORDED ON TITLE OF PROPERTYTITLE OF PROPERTY


INSPECTION


REINSPECTION

DIRECTOR'SHEARING

ORDER ISSUED

ASSESSMENT OF COST



ABATEMENT

ABATED?

Note : The San Francisco Housing & Building Codes provide variation of the sequence indicated above on a case by case basis.


(NECESSARY TO ENSURE SAFE, FUNCTIONAL & SANITARY HOUSING)

OBTAIN PERMIT(S)IF REQUIRED

CODEENFORCEMENT

OUTREACH


INSPECTION


REINSPECTION

DIRECTOR'SHEARING

ORDER ISSUED

ASSESSMENT OF COST



ABATEMENT

ABATED?

Note : San Francisco Housing & Building Codes provides variation of sequence indicated above on a case by case basis.

SAN FRANCISCO BUILDING CODETYPICAL ENFORCEMENT CASE FLOW CHART

OBTAIN PERMIT(S) IF REQUIRED

CODEENFORCEMENT

OUTREACH

MEET THE DBI MEET THE DBI PROSPROS

Notice of ViolationNotice of Violation

City and County of San Francisco FIRST/SECOND NOTICE DEPARTMENT OF BUILDING INSPECTION OTHER Lead Abatement Section 1660 Mission Street San Francisco, CA 94103-2414

NNOOTTIICCEE ooff VVIIOOLLAATTIIOONN of the San Francisco Municipal Codes Regarding Unsafe,

Substandard or Non-complying Structure or Land or Occupancy

A check in the box(es) below indicates the RESPONSIBLE PARTY(IES) *, SFBC 3407.1: Date: 10/18/06 Time: 2:00p.m. Owner/Agent: John Smith DBA: Complaint No: 2006-00500 Mailing Address: 1234 40th St City, State, Zip Code: San Francisco, CA 94110 Location: 1234 40th St Block: 9999 Lot: 111 Contractor: XYZ Painters DBA: Exterior Interior Mailing Address: 3333 1st Avenue Occupancy Group/Division: R-1 City, State, Zip Code: San Francisco, CA 94111 CA Contractor’s License No: 123456 *RESPONSIBLE PARTY means either (1) the owner of the property where the owner or the owner’s employees or persons otherwise under the control of the owner are performing the activities regulated under this section; or (2) the owner and contractor where the owner has entered into a contract with another to carry out the activities regulated under this section. YOU ARE HEREBY ORDERED TO COMPLY WITH THE FOLLOWING REQUIREMENT(S) THAT HAVE A CHECK IN THE BOX(ES) BELOW: SFBC Section 3407.5 Notification Requirements Post Sign. The responsible party did not post a sign(s) stating that lead work was in progress before work began that disturbs and/or

removes lead-based paint (SFBC 3407.5.4).

For exterior work: immediately post the “Lead Work In Progress” sign to be clearly visible to adjacent properties (see DBI Sign Form 6).

For interior work: immediately post the “Lead Work In Progress” sign to be clearly visible at the access points to interior regulated areas, such as at the entrances of affected residential unit(s) or common areas (see DBI Sign Form 6).

Requirements for Sign. The responsible party did not provide written notice of work that disturbs and/or removes lead-based paint to

the occupants of adjacent properties before work began, where it was not possible to post a sign in a conspicuous location or locations that is clearly visible to the adjacent properties (SFBC 3407. 5.5). Provide the appropriate written notice to the occupants of adjacent properties (see DBI Form 7).

Notice to Residential Occupants. The owner did not provide written notice of work that disturbs and/or removes lead-based paint to

residential occupants at least three business days before work began (SFBC 3407.5.6). The owner shall provide the appropriate written notice to residential occupants (see DBI Form 8).

Comments: SFBC Section 3407.3 General Prohibitions

Prohibited Practices. Lead-based paint was disturbed or removed through the use of open flame burning or torching (SFBC 3407.2). Immediately stop the use of open flame burning or torching.

Prohibited Practices. Lead-based paint was disturbed or removed through the use of heat guns without containment and barrier

systems, or operating above 1,100 degrees Fahrenheit (611.1 degrees Celsius) or causing the charring of paint (SFBC 3407.2).

Notice of ViolationNotice of ViolationNOTICE OF VIOLATION Date: 10/18/06 Time: 2:00 p.m.

First/Second Notice Complaint No: 2006-00500 Other Location: 1234 California St

Block: 9999 Lot: 1111

Prohibited Practices. Lead-based paint was disturbed or removed through the use of dry manual sanding or scraping, or machine sanding or grinding, or abrasive blasting or sandblasting without containment and barrier systems or a HEPA vacuum local exhaust tool (SFBC 3407.2). Immediately stop dry manual sanding or scraping, or machine sanding or grinding, or abrasive blasting or sandblasting without the appropriate containment and barrier systems or HEPA vacuum local exhaust tool.

Prohibited Practices. Lead-based paint was disturbed or removed during alteration or demolition work without containment and barrier

systems or HEPA vacuum local exhaust tool (SFBC 3407.3). Use appropriate containment and barrier systems or HEPA vacuum local exhaust tool when creating work debris during alteration or demolition work.

Comments:

SFBC Section 3407.4 Performance Standards

Restrict Access. Access by third parties to the regulated area was not restricted (SFBC 3407.4.1). Restrict access by third parties to the regulated area.

Containment and Barrier Systems. A containment and barrier system was not established that contains the work debris within the regulated

area (SFBC 3407.4.2).

For exterior work: protect the ground from contamination by work debris by laying a plastic barrier system on the ground extending at least 10 feet from the work surface, where possible (SFBC 3407.4.2.1).

For interior work: protect the floor, furnishings and other interior horizontal surfaces from contamination by work debris by using a plastic barrier

system during the course of the work (SFBC 3407.4.2.2).

Prevent Migration. Work debris migrated beyond the containment and barrier system(s) during the course of the work (SFBC 3407.4.3). Establish containment and barrier system(s) that prevent migration of work debris.

Clean Up Standards. Visible work debris was not cleaned up at the completion of work or when access to the regulated area was required

(SFBC 3407.4.4). Clean up all visible paint debris within 24hrs of the date of this Notice of Violation.

For exterior work: make all efforts to remove all visible work debris from the regulated area (SFBC 3407.4.4.2).

For interior work: make all efforts to remove all visible work debris from the regulated area, efforts shall include wet clean with detergent any exposed

interior horizontal hard surfaces and HEPA vacuum the regulated area (SFBC 3407.4.4.1). Comments: Stop work. Set up effective containment barriers (6 mil plastic), inspect by inspector before resuming lead disturbing work.

To resume work, the responsible party(ies) shall have a clearance inspection of the regulated area performed by an independent certified lead inspector/assessor to verify the absence of lead-based paint hazards (SFBC 3407.2 and 3407.6.4).

Comments: WARNING: Chapter 34, Section 3407, of the San Francisco Building Code provides for penalties including one or more of the following: (1) notice to correct violations; (2) notice to stop work immediately and work not to be resumed without authorization; (3) clearance inspection by an independent certified lead inspector/assessor to verify the absence of lead -based paint hazards; (4) administrative penalties of up to $500 per day per violation; (5) fees to cover the cost of the City agency’s enf orcement of the administrative penalties; and, (6) attendance at training approved by the CA Department of Health Services in lead related construction supervision and project monitoring (in lieu of administrative penalty for first violation). In addition, if you are a contractor, the DBI may file a complaint with the CA Contractors State License Board. NOTICE: Chapter 1, Section 105.2.3, of the San Francisco Building Code provides that the Abatement Appeals Board shall have the power to hear and decide appeals from Orders of Abatement after public hearing by the Director of Building Inspection, and to hear direct appeals pursuant to Section 102. CONTACT BUILDING/HOUSING INSPECTOR: May-Ling Dea PHONE: 415/558-6598 SIGNATURE:

Notice of Penalty & FeeNotice of Penalty & Fee

City and County of San Francisco FIRST/SECOND NOTICE DEPARTMENT OF BUILDING INSPECTION OTHER Lead Abatement Section 1660 Mission Street San Francisco, CA 94103-2414

NNOOTTIICCEE ooff PPEENNAALLTTYY aanndd FFEEEE of the San Francisco Municipal Codes Regarding Unsafe,

Substandard or Non-complying Structure or Land or Occupancy A check in the box(es) below indicates the RESPONSIBLE PARTY(IES) *, SFBC 3407.1: Date: 10/18/06 Time: 2:00 p.m. Owner/Agent: John Smith DBA: Complaint No: 2006-00500 Mailing Address: 1234 40th Street City, State, Zip Code: San Francisco, CA 94110 Location: 1234 40th St Block: 9999 Lot: 1111 Contractor: XYZ Painters DBA: Exterior Interior Mailing Address: 3333 1st Avenue Occupancy Group/Division: R-1 City, State, Zip Code: San Francisco, CA 94111 CA Contractor’s License No: 123456 Date of Notice of Violation: 10/18/06 *RESPONSIBLE PARTY means either (1) the owner of the property where the owner or the owner’s employees or persons otherwise under the control of the owner are performing the activities regulated under this section; or (2) the owner and contractor where the owner has entered into a contract with another to carry out the activities regulated under this section.

The Department of Building Inspection (DBI) has issued a Notice of Violation against you as a responsible party, for violation of t he San Francisco Building Code (SFBC), Section 3407. SFBC 3407 regulates work that disturbs or removes lead -based paint in the interior of pre-1979 buildings that are in Group/Division E3, R1 or R3 occupancy classification, as well as, the exterior of all pre-1979 buildings and steel structures. In addition, having considered the facts of this violation, the DBI is imposing an administrative penalty for the violation of the SFBC 3407 and a fee to cover the cost incurred in enforcing the administrative penalty against you as a responsible party (SFBC 3407.7 and 3407.8). THE IMPOSED ADMINISTRATIVE PENALTY and FEE THAT IS DUE AND PAYABLE TO THE DBI IS: Computation for Administrative Penalty

Violation of Notification Requirements (SFBC 3407.5) $250.00 X 1 Violations X 1 Days = $ 250.00 Violation of General Prohibitions (SFBC 3407.3) $500.00 X 1 Violations X 1 Days = $ 500.00 Violation of Performance Standards (SFBC 3407.4) $500.00 X 3 Violations X 1 Days = $ 1,500.00

Total Administrative Penalty Due $ 2,250.00 Computation for Administrative Fee

$80.00 Standard Hourly (Re-) Inspection Fee (SFBC Table 1-G) $ 80.00 X 1 Hour(s) = $ 80.00 Total Administrative Fee Due

TOTAL DUE $ 2,330.00

Be aware that the penalties and fees set forth above shall continue to accrue against the responsible party(ies) until the violation is abated. Each day in which the violation continues unabated constitutes a separate and distinct violation.

A responsible party may appeal the imposition of the administrative penalty by requesting, in writing, a Director’s hearing. The appeal shall be made within 15 business days from the date of issuance of this notice and shall state the grounds for the appeal (SFBC 3407.7). You may obtain an appeal form from the Lead Abatement Section (tel. # 415/558-6598). Failure to pay the above identified administrative penalty and fee within 30 days of the date of this notice will result in the enforcement of SFBC 3407.9. Make checks payable to the Treasurer of the City and County of San Francisco and mail to the Department of Building Inspection, Lead Abatement Section, 1660 Mission Street, San Francisco, CA 94103-2414. CONTACT BUILDING/HOUSING INSPECTOR: May-Ling Dea PHONE: 415/558-6598 SIGNATURE:

Appeal of Imposition of PenaltyAppeal of Imposition of Penalty

DEPARTMENT OF BUILDING INSPECTION CITY & COUNTY OF SAN FRANCISCO 1660 Mission Street, San Francisco, CA 94103-2414

AAPPPPEEAALL ooff IIMMPPOOSSIITTIIOONN ooff PPEENNAALLTTYY

WORK PRACTICES for LEAD-BASED PAINT

San Francisco Building Code 3407 Any person who is designated as a responsible party for a violation of San Francisco Building Code (SFBC) 3407 and has been assessed an administrative penalty and fee may appeal the imposition of the administrative penalty by requesting, in writing, a Director’s administrative hearing (SFBC 3407.7). Appellant shall complete the following and submit to the Lead Abatement Section within 15 business days from the issuance of the date of the Notice of Penalty and Fee (type or print in ink). Owner/Agent: Date: DBA: Complaint No: Mailing Address: City, State, Zip Code: Location: Block: Lot: Contractor: Exterior Interior DBA: Occupancy Group/Division: Mailing Address: City, State, Zip Code: Date of Notice of Violation: CA Contractors License No: Date of Notice of Penalty/Fee: The undersigned appellant hereby appeals the imposition of the administrative penalty issued against the above responsible party and requests a Director’s hearing in accordance with SFBC Chapter 1 (SFBC 3407.7 and 3407.9). 1. Explain why you are making this appeal (attach additional sheets, if necessary).

2. Have all the violations been corrected? Yes No

a) If yes, on what date?

5. If you answered “Yes” to question 3 and “No” to question 4, would you attend a training course as described in question

4, in lieu of paying an administrative penalty? Yes No 6. The hearing of this appeal will be held at a Director’s hearing within 30 calendar days of the receipt of this appeal,

unless extended by mutual agreement. Do you request additional time? Yes No Reason:

7. List all property owners and their mailing addresses (attach additional sheets, if needed).

Name(s) Mailing Address(es)

8. Other comments:

FILED BY (Signature): Type or Print Name: Mailing Address: Tel. #: State your relationship to the complaint location (i.e., property owner, contractor, agent for property owner, etc): You will be notified by mail of your appeal hearing date, time and location. Subsequent to the appeal hearing, a written decision (i.e., Director’s order) will be mailed to you within 30 days. The decision of the Hearing Officer shall be final. A responsible party may appeal a Director’s order by filing a writ of mandate with the Superior Court of San Francisco pursuant to Section 1094.6 of the California Code of Civil Procedure (SFBC 3407.9.6.1). Note: any person may appeal the non-monetary portion of the Director’s order provided that such appeal is in writing and filed with the Secretary of the Abatement Appeals Board (ABB) within 10 days after such order is posted and served. The monetary portion of the Director’s order will be stayed pending the appeal to the AAB (SFBC 3407.9.6).

Director’s Final Order on Notice of Director’s Final Order on Notice of Penalty and FeePenalty and Fee


((insert date)) OWNER: ((insert owner’s name)) ADDRESS: ((insert Ct. location)) ((insert mailing address)) BLOCK: ((insert block)) LOT: ((insert lot)) COMPLAINT NO: ((insert Ct. #)) DIRECTOR’S ORDER NO: ((insert Order #)) CONTRACTOR: ((insert contractor’s name)) FINAL ORDER on ((insert mailing address)) NOTICE of PENALTY and FEE

INSPECTOR: ((insert inspector’s name)) DIVISION: Lead Abatement Section

By order of the Director of the Department of Building Inspection the Notice of Penalty and Fee Number ((insert Order #) , dated ((insert date)) , is hereby adopted as the Director’s final order. The Notice of Penalty and Fee was served on ((insert owner’s and/or contractor’s name)) on ((insert date)) . No appeal was taken of the Notice of Penalty and Fee within 15 business days from its issuance. Accordingly, this order is issued pursuant to SFBC 3407.7. This order is being recorded in the Office of the Assessor-Recorder. It will be recorded within three (3) business days from the above date. To have the order revoked, it is necessary for you to tender payment for the penalty and fee of ((insert amount)) .

Note. Make checks payable to: Treasurer of the City and County of San Francisco. Mail checks to: Department of Building Inspection, Attn: Lead Abatement Section, 1660 Mission Street, San Francisco, CA 94103.

Very truly yours, Amy Lee Acting Director Louise Kimbell Chief Housing Inspector Lead Abatement Section cc: LAS File

Notice of Decision & Order Notice of Decision & Order for Appeal of Imposition of Penaltyfor Appeal of Imposition of Penalty


NOTICE of DECISION and ORDER

DIRECTOR’S ADMINISTRATIVE HEARING for

APPEAL of IMPOSITION of PENALTY WORK PRACTICES for LEAD-BASED PAINT

San Francisco Building Code 3407 Owner/Agent: Date: DBA: Complaint No: Mailing Address: City, State, Zip Code: Location: Block: Lot: Contractor: Exterior Interior DBA: Occupancy Group/Division: Mailing Address: City, State, Zip Code: Date(s) of NOV: / CA Contractors License No: Date(s) of NOP: / Division: Inspection Services-Lead Abatement Section NOP Appeal Hearing Date: Inspector: Director’s Order No: Hearing of the appeal on the imposition of the Notice of Penalty and Fee against the above individual was held in accordance with the San Francisco Building Code Sections 3407.7 and 3407.9. A representative of the Director conducted the hearing. The property owner and/ or representative ((was/was not)) present for the hearing. The contractor and/ or representative ((was/was not)) present for the hearing. Based upon the facts as submitted at the hearing, the Director finds as follows: That notice ((has/has not)) been duly given as required by law and by order of the Director.

That the conditions ((are/are not)) as stated in the Notice of Penalty and Fee of the Director of the Department of Building Inspection.

That the conditions of said structure: a) constitutes a public nuisance, and/ or b) creates an immediate danger to health or safety under the terms of the building code of the City and County of San Francisco.

That the responsible ((party is/parties are)): Property Owner Property Owner & Contractor

In light of these findings, the Director determines as follows:

The administrative penalty of and fee of $80.00 , calculated in the Notice of Penalty and Fee, are upheld and are due and payable.

The administrative penalty and fee calculated in the Notice of Penalty and Fee are modified; the modified penalty of and fee of $80.00 are due and payable.

The administrative penalty of and fee of $80.00 , calculated in the Notice of Penalty and Fee, are upheld.

Payment of the administrative penalty is stayed because the Director, in his/ her discretion, has allowed the responsible party to attend a training course approved by the State of California Department of Health Services in lead-related construction supervision and project monitoring in lieu of paying the administrative penalty. The course must be completed within 60 days of the date of this notice. If you do not complete the course within the time required and submit proof of attendance and satisfactory completion of the course, including certification from the instructor or provider of the course, the penalty will become due and payable. The alternative penalty to attend the training course is only available to persons who have not previously completed such a training course and who have not been previously found to be in violation of this section.

The fee of $80.00 is not stayed, and is due and payable.

The administrative penalty and fee calculated in the Notice of Penalty and Fee are reversed; no monetary penalty and fee are due.

Having found that the ((property owner and/or contractor is/are)) responsible party(ies), the ((property owner/contractor)) shall be ((jointly and severally)) liable for payment of penalties and fees due.

NOTICE TO OWNER: As a Responsible Party that is jointly and severally liable for the administrative penalty, you may be liable for the administrative penalty if the contractor fails to complete the course referenced above within the specified time unless you demonstrate that you have completed the course specified above.

TO AVOID HAVING THE ABOVE IDENTIFIED ((ADMINISTRATIVE PENALTY AND/OR FEE)) LEVIED ON YOUR NEXT PROPERTY TAX BILL, it is necessary for you to tender payment within 15 days of the date of this notice.

Note 1. Make checks payable to: Treasurer of the City and County of San Francisco. Mail checks to: Department of Building Inspection, Attn: Lead Abatement Section, 1660 Mission Street, San Francisco, CA 94103. Note 2. The Lead Hazard Reduction Program, at 415/ 558-6598, has a list of approved providers (schools). Consult the providers for the times, dates, and cost of courses. Note 3. A complaint with the contractor’s name and license number will be referred to the California Contractors State License Board.

Pursuant to Section 3407.9.4 of the San Francisco Building Code, this decision is final. You may seek a judicial review of this decision pursuant to Section 1094.6 of the California Code of Civil Procedures. NOTICE: If the conditions in violation of 3407 are ongoing, additional penalties can be assessed that are not encompassed by this decision.

Very truly yours, Amy Lee Acting Director Michael Hennessy/ Wing Lau/ Dennis King Hearing Officer cc: LAS File

MEET THE PROSMEET THE PROS

CONTACT INFORMATION:

Building Inspection Division (BID) – (415) 558-6096

Code Enforcement Section (CES) – (415) 558-6454

Housing Inspection Division (HIS) – (415) 558-6220

Lead Abatement Division (LAD) – (415) 558-6598

Thank you for attending!Thank you for attending! We value you and your opinionWe value you and your opinion We want you to feel that we’re here to We want you to feel that we’re here to help assist youhelp assist you Our goal is to improve the value of our Our goal is to improve the value of our services to better serve youservices to better serve you We’ve been listening to you telling us We’ve been listening to you telling us what’s important what’s important New improvements are on the horizonNew improvements are on the horizon Please fill out evaluation forms. Thank you!Please fill out evaluation forms. Thank you!

MEET THE PROSMEET THE PROS

Meet the DBI Pros Summit October 25, 2006 Amy Lee, Acting Director

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Transcript of Meet the DBI Pros Summit October 25, 2006 Amy Lee, Acting Director