Building Inspection Commission (BIC)

Code Advisory Committee (CAC)

Joint Meeting of January 7, 1998

Adopted January 21, 1998

War Memorial Building, Room 428

401 Van Ness Avenue, San Francisco, CA 94102

MINUTES

The joint meeting of the Building Inspection Commission (BIC) and the Code Advisory Committee was called to order by President Hood at 1:33 p.m.

1.	ROLL CALL - Roll call was taken and a quorum was certified.

COMMISSION MEMBERS/STAFF PRESENT:

Bobbie Sue Hood, President	Mona Cereghino, Commissioner

Sigmund A. Freeman, Commissioner	Eileen Hansen, Commissioner

George Tsang, Commissioner	Armando Vasquez, Commissioner

Maria Banico, Commission Secretary

COMMISSION MEMBERS ABSENT:

Roy Guinnane, Commissioner	(excused absence)

CODE ADVISORY COMMITTEE MEMBERS PRESENT:

Charles Breidinger, Chair	Edgar Fennie, Jr., Vice-Chair

Jerry Cunningham, Member	James Guthrie, Member

Andy Forrest, Member	Arnold Lerner, Member

Zachary Nathan, Member	Lynn Yandell, Member

D.B.I. REPRESENTATIVES:

Frank Chiu, Director

James Hutchinson, Deputy Director for Permit Services

William Wong, Deputy Director for Inspection Services

Carla Johnson, Assistant to the Director

Laurence Kornfield, Chief Building Inspector

Alan Tokugawa, Senior Building Inspector

CITY ATTORNEY'S REPRESENTATIVE:

Ilene Dick, Deputy City Attorney

President Hood yielded the chair to Commissioner Freeman and CAC Chair Charles Breidinger.

2.	Joint meeting of the Building Inspection Commission (BIC) and the Code Advisory Committee (CAC) to report, discuss and possibly act on:

a.	Report and review of the policy adopted by the Building Inspection Commission at its Regular Meeting of November 19, 1997 to define the role and scope of duties of the Code Advisory Committee;

Commissioner Freeman referred to and read the proposed language for the Building Inspection Commission policy on the role of the Code Advisory Committee:

"The Building Inspection Commission hereby adopts a policy and directs staff of the Department of Building Inspection when time and circumstances permit to refer, forward, and provide to the Code Advisory Committee all proposed ordinances, administrative bulletins and code interpretations that are required to go to the Commission for review and action. The Code Advisory Committee shall forward a recommendation to the Building Inspection Commission on proposed ordinances, administrative bulletins and code interpretations in a timely manner."

Mr. Fennie asked how the department fits into this equation. There s been confusion in the past on draft bulletins and other ordinances that came through and whether the CAC gets the language first or the department. He would like to know where the department fits into the flow because this is a triad of expertise. He wants to have an understanding or process in place on what the next steps are.

Mr. Cunningham said that it does not matter whether the issue originates from the department or the CAC. The CAC is an independent advisory body to the BIC. He said that the CAC reviews codes, forwards recommendations to the DBI. DBI may or may not concur with the recommendations. If DBI concurs, then the recommendations will be presented to the BIC for endorsement. If there is disagreement, the recommendations will still be presented before the BIC for consideration.

Mr. Nathan said that in their meetings, the CAC determined that there were four methods to affect codes. There are ordinances, administrative bulletins, interpretations, office policies and procedures, and code rulings. He suggested that the word code rulings be included in the draft language.

President Hood asked the difference between code interpretations and code rulings.

Mr. Lawrence Kornfield, Chief Building Inspector for Technical Services Division, said that code rulings are determinations which have the weight of law. A code ruling is used as an interim step until the code is modified. Code interpretations are minor on-going administrative actions.

President Hood suggested adding code rulings to the draft.

Deputy City Attorney Dick said that code ruling is more formalized. Code interpretations are done on a day to day basis by the staff.

Director Chiu said that code interpretations are done routinely. Code rulings are more formalized and distributed to interested parties.

Commissioner Freeman asked if code interpretations should be changed to code rulings.

Director Chiu said yes.

CAC member Andy Forrest arrived at this time in the proceedings at 1:47 p.m.

President Hood said that her understanding was that the CAC review of code interpretations was never intended to cover informal transactions. At previous BIC meetings, it was decided that these interpretations were limited to those written interpretations for general application and for distribution. She suggested adding "intended for general application" to clarify code rulings.

Commissioner Vasquez asked if "global" interpretation is the same as a code ruling.

Director Chiu said yes.

Mr. Kornfield suggested changing the word "interpretation" to "ruling" and adding "intended for general application."

Commissioner Hansen said that the policy states "The BIC directs staff to refer, forward and provide all proposed ordinances, ... to the CAC." She asked who should have discretion, the BIC or DBI staff.

Commissioner Freeman said that to save time, the proposed changes could be sent to both the BIC and the CAC at the same time.

Vice-Chair Fennie said that the department also develops draft code rulings based on problems they see in the plans. He suggested that technical code issues be sent to the CAC at the same time as the BIC, so that the CAC can be in the loop and can review drafts in timely manner.

Commissioner Freeman agreed. He said that the BIC is limited in technical knowledge and the CAC has the expertise.

President Hood said that at the previous BIC meeting, it was suggested that the Board of Examiners (BOE) hear appeals of a technical nature and that their decision be final specific to that particular appeal. The issue before the CAC, however, is the making of policies or ordinances that will have public impact. She would like the BIC to have the power to rule on this matter.

Commissioner Freeman asked if any decision made by the Board of Examiners can be referred to the CAC for a code ruling.

President Hood said the BOE's decisions become precedent.

Vice-Chair Fennie said that code rulings are seen as an interim step. The CAC is trying to get rid of old rulings that have been addressed.

Commissioner Hansen referred to line 4 ("... all proposed ...") and the last sentence ("... shall forward a recommendation to the BIC ...") of the draft language and asked if the language should be more flexible.

Deputy City Attorney Dick said that the BIC has the flexibility to either take or not take the recommendation.

President Hood concurred.

Commission Secretary Banico referred to BIC Rules Resolution Procedures and Policy and said that the adopted BIC Rules states that the BIC reviews and has the final decisions on all code rulings and administration bulletins.

President Hood said that she would like to have a language stating that the CAC will make a good faith effort to get back to BIC in a timely manner.

Commissioner Vasquez referred to the question raised by Commissioner Hansen. He recommended an amendment to the sentence to "... forward a recommendation as appropriate ..."

Commissioner Hansen said that she was looking for a guidance on whether the CAC wants to be locked in or not.

Mr. Fennie said that the CAC could sometimes have a neutral response. He did not think that it was necessary to add "as appropriate" to the language.

Mr. Cunningham said that it made more sense to add "as appropriate."

Mr. Fennie said that he would like to always have the CAC review any proposed changes. He said that the broader distribution of document before they become law will always make stronger documents. Many times, ordinances would have code impacts that might not be seen at this level.

President Hood concurred.

Commissioner Vasquez commented on Mr. Cunningham earlier remarks and asked if it would be appropriate to add "and the DBI" after "... to the Building Inspection Commission."

Mr. Fennie said that he thinks that that should be a separate policy.

Commissioner Freeman said that it would not be necessary to add the department to the draft because whatever recommendations are presented by the CAC to the BIC eventually go to the department.

Mr. Kornfield suggested amending the last sentence to read "The Code Advisory Committee after reviewing these matters with the Department shall ..."

President Hood said that she wanted to keep the policy simple. There is already a built-in dialog between the CAC and DBI staff since its secretary is part of department staff.

Commissioner Vasquez said that he wanted to add "as appropriate."

Mr. Lafayette Jamerson, contractor, said that some parts of the discussion were confusing. The public needs to understand the flow of work between CAC and the BIC in order to engage into this discussion.

Ms. Lynn Yandell said that the public can attend the CAC meetings.

President Hood suggested that Mr. Jamerson get on the CAC agenda mailing list.

Mr. Zachary Nathan said that the CAC has been trying to get more public input.

Mr. Jamerson said that he is concerned about the permit process and the treatment of the Black Americans.

Mr. Bruce Bonacker, architect, said that when he was with the BCAC. The intent was any written documents shall be reviewed by the CAC. He also said that at that time there were no administrative bulletins, anything that related to the code was referred to as code rulings.

Mr. Nathan said that the administrative bulletin is a more permanent type of code interpretation than code ruling.

Director Chiu clarified that administrative bulletin is a procedural, whereas a code ruling is more an interpretation of the code.

Commissioner Hansen asked if administrative bulletins should be included in the policy.

Director Chiu said yes.

Ms. Roberta Caravelli, Citizen Review, said that there is a conflict in the proposed policy and the Building Code. She said that referral of code changes is not optional, it has to go to the CAC.

President Hood concurred. She suggested rearranging the language to move the phrase "when time and circumstances permit" after ordinances to comply with the Building Code.

All the commissioners concurred with this change.

b.	Discussion and possible action on the recommendations adopted by the CAC at their December 17, 1997 meeting;

c.	The status report from the CAC covering the period from June 19, 1996 to present;

CAC Chair Charles Breidinger summarized the CAC's accomplishments for the last six months :

Cleaned out outdated code rulings

Reviewed State Historic Building Code and made some recommendations

Reviewed code on the conversion of in-law units

Reviewed the 1995 Building Code for errors

Reviewed hallways ventilation and made recommendations to the Plan Check Division

Reviewed and made recommendations to the Department on grease hood issue

Mr. Cunningham added that recently the CAC also discussed whether buildings in San Francisco should be allowed to use plastic pipe for flues of high efficiency heating units as recommended by manufacturers. The CAC has forwarded its recommendation to the department.

President Hood said that she would also like to have the CAC involve in the code work regarding window bars and locks.

Mr. Kornfield said that there will be some code changes on this matter which will be referred to the CAC.

Ms. Lynn Yandell said that the sub-committee on disability access had joined forces with the Disability Access Advisory Committee which has more public input, to review the disability access codes more thoroughly.

Mr. Lafayette Jamerson said that he has been active in the Clean Water and Waste Water Coalition. There is a code in San Francisco that requires that rainwater be discharged to the sewer system. One of the impacts is a greater load on the sewer system. He said that he understood that other jurisdictions do not require rainwater to be connected to the sewer system. He suggested that the CAC look into this code.

Commissioner Tsang said that City and County of San Francisco has a single system. Other cities which have two systems for storm drain and sewer require that rainwater be discharged into the storm drain system.

Mr. Jamerson said that there are many residential buildings that have grounds to absorb the rainwater.

Commissioner Freeman said that he understood this concern but was not sure how to address this issue.

d.	Report on the response to the announcements to professional organizations and other interested persons, seeking applicants for vacancies on the CAC;

Commission Secretary Banico reported that on December 1, 1997, the BIC sent out an announcement of vacancies in the CAC. She said that she has received five applications to date and expects to receive more applications within the next few weeks. She said the Appointments Committee which oversees the appointments of members to subordinate bodies will have to be reconstituted.

e.	Discussion on the development of a work plan regarding the 1998 San Francisco Building Code.

Chair Breidinger said that he has been informed by Mr. Kornfield that this item will be on CAC's agenda for next meeting.

President Hood asked for a copy of the work plan.

Mr. Richard Young, Technical Services Division, said that he was expecting to hear from the State soon on the 1997 California Building Code draft. The state will adopt its amendments by the middle of February which will be published six months later. The department will then have six months to make amendments. He said that the San Francisco's amendments will need to be adopted by January/February 1999.

Commissioner Vasquez said that he would like to know the schedule and who in the department will be involved in the process.

Commissioner Freeman said that when the California draft comes out in February, the department should look at it carefully and refer it to the CAC for careful review.

Mr. Young said that he was hoping to reduce the number of amendments in the SF Building Code since some of the amendments are covered in the UBC.

Mr. Kornfield added that the department will have a time line. He said that the department is working closely with the Mayor's Office and the Fire Department on proposed language for state law to allow the city's amendments.

President Hood said that by the year 2000, there will be an international building code. She said that the department is not being as proactive as it ought to be. She would like the department to get back to the BIC on this issue.

Mr. Kornfield said that he will provide a summary in the future.

Commissioner Freeman said that staff have been doing double duty. He asked if there should be additional staff to do this.

Mr. Kornfield said yes.

Mr. Fennie said that on the heels of the international building code is the performance based code. He said that San Francisco Building Code (SFBC) is a prescriptive code. The code is changing to a performance based system. There will be a lot of rewriting of the SFBC. He reiterated the need for having more people look at the code on a regular basis.

Mr. Kornfield said that he has also made requests for outside peer review and consultant services.

Mr. Fennie said that the CAC recommended hiring a full-time lobbyist.

Ms. Roberta Caravelli said that the Commission and the department should get the 1995 code corrected before doing any further changes or amendments. She said that there are still a number of things to be corrected in the 1995 San Francisco Building Code.

Commissioner Freeman said that he was not sure which copy of the 1995 San Francisco Building Code Ms. Caravelli used. He said that he found out there was printing error in the copy he had.

Ms. Caravelli said that she used the ordinance document from the Board of Supervisors, not the published copy. She cited the relocation of some sections and the changing of some provisions as example of errors.

Commissioner Freeman asked if the final 1995 San Francisco Building Code had been corrected and published.

Mr. Kornfield said yes. There were printing errors and those had been corrected.

President Hood said that DBI will have to pay for the replacements copies. She suggested putting an announcement in the department's newsletter to inform the public on how to obtain a corrected copy.

Mr. Kornfield said that the publisher is responsible for replacing the version with printing errors.

Mr. Jerry Cunningham said that close attention to quality control is needed in the future. He said that it seemed that what was reviewed by the CAC was not what went out to the publisher.

President Hood asked who was responsible for quality control.

Director Chiu said that he had this responsibility.

3.	Public Comment: The BIC/CAC will take public comment on matters within the Commission's and Committee's jurisdiction that are not part of this agenda.

There was no testimony received at this point in the proceedings.

4.	Adjournment.

On a motion made by Vice-Chair Fennie, seconded by Chair Breidinger, the Joint Meeting adjourned at 2:52 p.m.

The motion passed by unanimous vote.

________________________________	________________________________

ALAN TOKUGAWA	MARIA BANICO

Committee Secretary	Commission Secretary

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