Building Inspection Commission (BIC)

Regular Meeting

Wednesday, August 5, at 1:00 p.m.

Adopted on September 2, 1998

War Memorial Building, 401 Van Ness Avenue, 4th Floor, Room 428

MINUTES

The meeting of the Building Inspection Commission was called to order at 1:08 p.m by Vice-
President Vasquez .

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

COMMISSION MEMBERS/STAFF PRESENT:

Armando Vasquez, Vice President	Mona Cereghino, Commissioner

Alfonso K. Fillon, Commissioner	Sigmund A. Freeman, Commissioner

Sharon Mark, Commissioner

COMMISSION MEMBERS ABSENT:

Bobbie Sue Hood, President - excused absence

Roy Guinnane, Commissioner - excused absence

COMMISSION STAFF PRESENT:

Maria Banico, Commission Secretary

D.B.I. REPRESENTATIVES:

Frank Chiu, Director

David Serrano-Sewell, Special Assistant to the Director

Paulette Hooey, Manager, Administrative Services Division

Alan Tokugawa, Senior Building Inspector, Technical Services Division

CITY ATTORNEY'S REPRESENTATIVE:

Judy Boyajian, Deputy City Attorney

2.	President's Report.

Vice-President Vasquez said that President Hood's mother passed away last week. He expressed condolences on behalf of the Commission.

3.	Director's Report.

a.	Report and discussion on the scope and status of the internal audit being carried out by the Controller's Office of the Department of Building Inspection. The Commission may take action to constitute a committee or task force to liaison with and review recommendations from this internal audit.

Director Chiu requested that this item be continued. He said that he would be meeting with the auditor from the Controller's Office on August 10, 1998 and would have more information to report after that meeting.

Mr. Bob Bossi, engineer, recommended that the BIC review expenses and revenues on a programmatic basis. He said that some programs, such as the Housing Inspection Division, may not be generating enough revenues to cover expenses and therefore are being subsidized by building permit fees. He said that there should be no subsidies for the operational divisions. There are some divisions that should be considered overhead such as the Management of Information Systems (MIS) Division. For such overhead divisions, the overhead service should be distributed appropriately according to the revenue source.

Commissioner Cereghino asked what kind of work such a reporting system would entail.

Mr. Bossi said that he could not tell how much additional work this type of reporting system would entail without seeing the auditor's report. He said that the Commission could ask for a calculation of expenses and revenues per program or divisions.

Commissioner Cereghino said that now seems to be the appropriate time to look into this matter with the audit going on.

Vice-President Vasquez said that this would be dependent on the scope of the audit.

Director Chiu said that this type of reporting system can be carried out in-house by DBI staff. There is no need to rely on the Controller's Office to carry out such a task. After DBI staff generates this information, the Commission may then choose to aks the Controller for more details. He said, for the record, that HIS is not being subsidized by permit fees. HIS has the hotel and apartment inspection fees as a revenue source.

Ms. Paulette Hooey, Manager of Administrative Services Division said that this information is available and said that she can report back at the next BIC Regular Meeting.

b.	Report, discussion and possible action to approve or modify DBI's processes and procedures regarding the California Permit Streamlining Act which sets mandatory deadlines for determining when a permit application is complete and for issuing a decision on a permit application once the project has been determined or deemed to be complete.

Director Chiu referred to the staff report in the Commission's packet and said that the provisions of the Permit Streamlining Act are more applicable to the permits processed by the Department of City Planning (DCP). He said that DBI is in compliance with the requirements of the Act.

Commission Secretary Banico gave a background on this agenda item and said that the BIC received an inquiry from Mr. Patrick Buscovich, President of the Structural Engineer's Association of Northern California (SEANC) inquiring as to DBI's compliance with the provisions of the Permit Streamlining Act, specifically if permit applicants were being informed of their rights under this act. This matter was on the agenda of the BIC at its May 6, 1998 Regular Meeting during which time, the Commission requested for more information. Deputy Director Hutchinson's report states that the flowchart provided in the report is being distributed now to building permit applicants when a permit is filed. Mr. Hutchinson also stated in his report that there will be additional improvements to track the giving out of this flowchart.

Mr. Bob Bossi said that the flowchart submitted is a planning form. DBI issued permits and therefore must comply with the Permit Streamlining Act requirements. The Act states that a department has 30 days to notify an applicant on whether a permit submittal is complete or incomplete. After 30 days, if the department has not notified the applicant that a permit submittal is incomplete, the submittal is deemed to be complete. Likewise, the department must inform the applicant within 90 days of action on a permit. If the department fails to act within 90 days, the permit is deemed approved. He said that DBI may be in compliance with these requirements most of the time because permits are processed within the time line. However, since the department does not notify applicants of incompleteness or denial, there may be instances when the Department has not complied with the Act. Mr. Bossi suggested that the department notify applicants of incompleteness or denial so that the permits doe not get deemed complete or approved.

Vice-President Vasquez asked what happens when plan checkers need additional information.

Deputy City Attorney Boyajian said that the Act allows requests for supplemental information. A checklist must be provided at the onset which identifies all required submittals. In response to Mr. Bossi's comments, Deputy City Attorney Boyajian said that the Permit Streamlining Act does not require the department to write a letter of incompleteness.

Director Chiu said that there differences between DBI and DCP (Planning). DBI is in compliance with the Act. DBI approves or denies a permit and this action is not based on whether an application is complete or incomplete. He added that Mr. Bossi was right that the flowchart applies to both DBI and DCP.

4.	Public Comment.

Ms. Mia Lord, resident and owner of 174 Majestic Avenue, said that she would be addressing the Commission on problems regarding her residence. She requested that the Commission agendize this matter for the next meeting so that DBI can report on the progress in following up on her complaint. She read her comments, attached herewith and made a part hereof as Attachment A.

Vice-President Vasquez referred the matter to the department.

Ms. Lord reiterated her request that this complaint be on the Agenda for the next meeting.

Mr. Stephen Noh, resident of 4093 17th Street, said that he had addressed the Commission in the past regarding code violations in his apartment buildings such as the roof leaking and an illegal unit that was created. He said that there has been no follow-up on his complaints and he has called the department numerous times. He has not been informed of any action taken. He said that recently, his unit was inspected by four inspectors who then cited code violations such as citing a stack of books by the window and curtains he had installed as fire hazards. Mr. Noh said that he had hired a private housing inspector who worked with the City of Oakland for 15 years. He tried to submit the report by this inspector but DBI inspectors refused it. He said that this was not the proper way for the City to operate.

Vice-President Vasquez requested that the department follow up on this matter.

Mr. Bob Bossi said that he had good news and bad news. He said that the proposed legislation to allow San Francisco amendments to the California Building Code is close to a compromise. The person from southern California who threatened to oppose its passage seems agreeable to the proposal on the table. He said that he was just given the language of the proposed state law to review the day before and is in support of the proposal. The bad news is that the design community has been systematically excluded from the process. He said that the design community's assistance in forging a consensus is necessary in order for this bill to pass. He requested that members of the BIC, especially those who were mayoral appointees, to convey this message to the Mayor's Office. There are numerous state agencies who will recommend denial of this proposal such as the State Fire Marshal, CALBO, etc.

Commissioner Cereghino asked if Mr. Bossi could bring this information himself to the Mayor, such as attending one of the Saturday meetings.

Mr. Bossi said that this task needs to be done immediately. He said the language to allow the amendments is acceptable. The question remains on how this law will be passed. It could be added on to another bill, or a pending bill may be gutted and replaced with this language. This law should have gone as its own bill.

Mr. David Serrano-Sewell, Special Assistant to the Director, said that he had worked on this proposed state law, first as part of the Mayor's staff and now in his present position in DBI. He assured the BIC that this proposed state law was given the Mayor's attention and the Mayor's staff has worked on this as a priority. Mr. Serrano-Sewell said that he had attended the recent code workshop which highlighted the fact that in the back and forth of issues, staff could not respond to all requests in ways requested by various parties. He said that he would be happy to walk over to the Mayor's Office now with Mr. Bossi to schedule an appointment with the Mayor.

(Mr. Bossi and Mr. Serrano-Sewell left the room at this point.)

Ms. Anastasia Yovanopoulos thanked Commissioner Cereghino for her interest and said that she would be happy to attend this meeting with the Mayor.

5.	Report, discussion and possible action regarding the June 1998 billing and expenditures for City Attorney's Office' services to the Building Inspection Commission and/or the Department of Building Inspection.

Ms. Paulette Hooey, Manager of ASD, said that the department was in the process of closing the books on the previous fiscal year. In the process, she noticed a $40,000 discrepancy between the posting in FAMIS (the City's linked accounting program) and the City Attorney's Office billings in the monthly reports submitted to the BIC for review. There were adjustments made after those reports were forwarded and DBI has not yet been informed of the reasons for the change. She said that the amount is substantial enough for review. She said that she got a report today from the City Attorney's Office but has not yet had time to review the revised billings. Ms. Hooey said that she would report back to the Commission at the next meeting on this discrepancy together with the year end report by divisions.

Vice-President Vasquez asked when entries are made on FAMIS.

Ms. Hooey said that the entries are made quarterly. However, there are increases coming in at this point. Her initial review showed that there was an across the board increase in City Attorney's billing of 7 to 10%.

Vice-President Vasquez directed that this item be agendized for the next meeting.

6.	COMMITTEE REPORT:

Report by the BIC Ad-hoc Committee on Unlawful Residential Demolition on the progress to date, including but not limited to, the responses to a questionnaire which was distributed to solicit public comment on the code language.

Commissioner Freeman reported on the proceedings at the Unlawful Residential Demolition Meeting of August 4, 1998. He said that there was general agreement that the provisions of the ordinance regulating unlawful residential demolition can not be interpreted consistently. There was also a general sentiment that this ordinance should not be in the building code. The Committee voted that a task force be formed to come up with clarifications on the code language. He said that he and Director Chiu will be meeting on establishing this task force.

Vice-President Vasquez said that the Committee hoped to have a product to review within 90 days.

Director Chiu said that the task force needs to be inclusive and should involve the neighborhoods, the design community and all interested parties.

Ms. Anastasia Yovanopoulos said that this issue has been hanging around for a long time. The first meeting of the Committee was in November 1997. She said that Ms. Roberta Caravelli of Citizen Review has put in a lot of work on this issue and deserves some recognition. She urged the Committee to respect other's input and consider Ms. Caravelli's participation in this task force.

Commissioner Cereghino said that Ms. Caravelli was at the Committee meeting yesterday.

Vice-President Vasquez said that the task force membership will be open and its meetings will be open to the public.

7.	Report, discussion and possible action to approve the deletion of various DBI Code Rulings currently in effect per recommendation of the Code Advisory Committee. Pursuant to BIC Procedure 4 of the BIC Rules, Regulations, Policies and Procedures (RRPH), the BIC held a public hearing on this matter on May 20, 1998 and postponed action for sixty (60) days to allow for public comment. A staff report and copies of the Code Rulings proposed for deletion are available at the Commission Office.

Mr. Alan Tokugawa, Senior Building Inspector, said that the Code Advisory Committee had reviewed various Code rulings forwarded to the BIC and recommended that these be deleted because they are dated and no longer necessary. In most cases, the Code Rulings have been superceded by code language. These Code Rulings were before the Commission and the public comment period has been completed.

Vice-President Vasquez asked if there were any comments received from the public.

Mr. Tokugawa said that there were no comments received.

Commissioner Cereghino moved, seconded by Commissioner Mark, to rescind or delete the Code Rulings submitted to the BIC per recommendation of the Code Advisory Committee.

The motioned passed unanimously. [Resolution No. BIC-066.98]

Commission Secretary Banico noted that Mr. Tokugawa has also submitted a list of all Code Rulings that are still in effect as requested by the BIC.

Mr. Tokugawa said that he will forward updates to the BIC on this list in the future, as needed.

Vice-President Vasquez asked if this list is available to the public.

Mr. Tokugawa said that he has the list but does not think it is available in other areas in the department.

Vice-President Vasquez said that it would be helpful to have this list more readily available and if possible if it could be expanded to provide more description of the text of the Code Rulings.

Mr. Tokugawa said that he has been working with summer interns on this project.

Director Chiu said that this list will also be available online via the department's website. He said that he does not have the specific time frame yet but believes that work on the website will be completed soon.

Ms. Anastasia Yovanopoulos said that she agreed with Vice-President Vasquez that the list should be made public. She said that the Code Rulings proposed for deletion should also be kept open for public comment.

Vice-President Vasquez said that there are two different lists. The second one is a list of those Code Rulings which are still in effect.

8.	Report, discussion and possible action to forward a recommendation to the Board of Supervisors regarding two proposed ordinances listed below:

a.	Ordinance moving the requirements for the Central Permit Bureau from the Public Works Code Section 1 to the San Francisco Building Code Chapter 1, Section 106.1 through 106.1.3.

b.	Ordinance moving the regulations regarding hazardous wastes on private property from the Public Works Code, Article 20 to the S. F. Building Code by adding a new Chapter 37.

Director Chiu said that Mr. Laurence Kornfield, Manager of TSD, was on vacation was not available to report on these two ordinances. He requested that this agenda item be continued to the next meeting.

Seeing no objections, Vice-President Vasquez continued this item to the next BIC Regular Meeting.

9.	Report, discussion and possible action to approve or amend the proposed job description(s) and hiring time line for vacancies and new positions in the Technical Services Division.

Director Chiu referred to the report on the TSD staffing and hiring time line submitted to the Commission as part of the meeting packet. He said that the hiring for the clerical position in this division is already in process.

Commissioner Freeman noted that the revised job description said that a license is preferred but not required.

Director Chiu said that any person meeting the required qualifications would probably be a licensed engineer or architect.

Commissioner Freeman asked if a driver's license is required.

Director Chiu said this would be a requirement because most inspectors have to make site inspections. In cases were the employee is handicapped, then the department will have to provide reasonable accommodations.

Vice-President Vasquez asked for the time line.

Director Chiu said that the hiring for one code analyst is in process. The hiring for the second will depend on the BIC. President Hood had expressed concerns at the last meeting and staff was waiting for directions from the Commission.

Vice-President Vasquez said that this matter should be agendized for the next meeting.

Director Chiu said that the department will proceed with the hiring process for the first code analyst and will wait for guidance from the BIC at the next meeting.

Mr. Bob Bossi addressed the Commission and said that the job descriptions were originally written in 1990. At that time, the requirement that the position be a registered architect was grieved by the unions, Building Inspectors Association and Local 21. There was an agreement to rewrite the job description but that was never done. Mr. Bossi said that he was of the understanding that there would be three code analysts, at a minimum, as soon as possible. He said, however, that if current DBI staff, especially Mr. Tokugawa of TSD, apply for the position, this would be like "spinning our wheels." He said that the license requirement is essential. At the salary of $80,000 the applicants would likely by licensed professionals. He urged the commission and the department to act quickly on filling the vacancies in the Technical Services Division.

10.	Commissioner Inquiries and Review of Communication Items: At this time, the Commission may make inquiries to staff regarding the status of various documents, policies, practices and procedures which are of interest to the Commission and may discuss communication items received since the last Commission meeting.

Commissioner Cereghino said that she has received complaints that the Records Management Division is taking more than seven days to issue 3R Reports. She said that the department has reported to the BIC that this process only takes three days.

Director Chiu said that he had just been informed by Mr. Bossi of this and that previously, he was not aware of such a situation. He will look into the matter and report back at the next meeting.

Commissioner Freeman asked for an explanation on the matter discussed by Ms. Mia Lord and her testimony earlier at public comment.

Director Chiu said that he surmised that work has been done by a non-licensed contractor. He said that in such cases, the permit was issued to a licensed contractor and then work is actually done by someone else. The building inspector does not check who is doing the actual work at the work site.

Commissioner Freeman said that some contractors may be selling their names or the use of their license.

Director Chiu said that this does not normally happen but sometimes may.

11.	Approval of the Minutes of the BIC Regular Meeting of July 15, 1998.

Commission Secretary Banico read into the record two changes on page 11 that were requested by Deputy City Attorney Boyajian. She said that the Minutes should be amended in the middle of page 11 to reflect that she, not Ms. Boyajian, stated the court reporter fees. Further, Ms. Boyajian's comments at the bottom of the same page should be amended to say that all departments' (DBI/DPW/SFWD) actions are suspended. As written, the Minutes only include DBI.

Commissioner Freeman moved, seconded by Commissioner Cereghino, to approve the Minutes of the July 15, 1998 Regular BIC Meeting as amended.

The motioned passed unanimously. [Resolution No. BIC-067.98]

12.	Discussion and possible action with respect to those items that could be placed on the agenda of August 19, 1998 BIC Regular Meeting and other future meetings.

There was no discussion on this item.

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

Mr. Robert Pender, S.F. Tenants Network, commended Ms. Banico for the quality of the BIC Meeting Minutes. He invited members of the Commission to the Tenants Network meeting to be held on August 26, 1998 and passed out invitations. Mr. Pender then directed a question to Deputy City Attorney Boyajian and asked if the City Attorney's Office is going after slum lords. He said that building code violations are infractions.

Deputy City Attorney Boyajian said that the City Attorney's Office prosecutes any cases referred by all City departments. The City Attorney's Office, however, does not go out on its own to identify cases.

Mr. Pender asked if the City Attorney's Office would act on referrals from the Tenants Network.

Ms. Boyajian said that Mr. Pender should contact Ms. Helen Kwak from the City Attorney's Office. Also, the District Attorney's Office litigates criminal offenses. The City Attorney's Office litigates civil cases.

Mr. Edward Evans, Community Resource Project, said that he had sent a letter to Director Chiu on a case in the Tenderloin area. He said that they want to work with the Commission and the Department on a task force basis on several properties in the Tenderloin. Mr. Evans also invited members of the Commission and DBI staff to attend their monthly meetings which is held at 9:00 on the last Thursdays of each month at 201 Turk Street.

Director Chiu said that the department has been proactive in working with neighborhood groups. He said that he will assign a staff member to work with Mr. Evans.

14.	Adjournment.

There being no other business, and on a motion made by Commissioner Cereghino, seconded by Commissioner Freeman, the meeting adjourned at 2:48 p.m.

The motion passed unanimously. [Resolution No. BIC-068.98]

_________________________________

MARIA G. T. BANICO

Commission Secretary

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