October 21, 2009

BUILDING INSPECTION COMMISSION (BIC)
Department of Building Inspection (DBI)

REGULAR MEETING
Wednesday, October 21, 2009 at 2:00 p.m.
City Hall, 1 Dr. Carlton B. Goodlett Place, Room 416
Aired Live on SFGTV Channel 78

ADOPTED January 20, 2010

MINUTES

2. President’s Announcement.

President Murphy said that last week he was in Secretary Aherne’s Office on the sixth floor at DBI and while he was there for about twenty minutes the Secretary received three or four calls from customers on the first floor. President Murphy stated that the customers were complaining about waiting in lines as there was not enough clerical staff to help them with permits. President Murphy said that Sonya Harris, Assistant Secretary to the Commission, was going to be laid off in a couple of weeks and suggested that maybe she could be moved downstairs. Director Day said that Sonya was actually being bumped by another person from another department in the City and the Department does not have any choice about who gets laid off or who gets bumped as this is all handled through the Department of Human Resources.

Mr. Henry Karnilowicz of the San Francisco Coalition for Responsible Growth (SFCRG) said that it is really amazing that there is about a two hour wait in Central Permit Bureau, but said that he wanted to compliment the people that work there for keeping their composure and always helping the customers. Mr. Karnilowicz stated that this has been a very tough time for everybody.

3. Director’s Report.

a. Update on DBI’s finances.

b. Update on proposed legislation.

Director Day said that she would report on this item later in the meeting when the two or three pieces of legislation would come before the Commission.

c. Update on the interdepartmental commemoration of the Loma Prieta Earthquake.

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

5. Discussion and possible action regarding a proposed ordinance to reinsert San Francisco Plumbing Code Section 1001.5 concerning required house traps.

6. Discussion and possible action regarding a proposed ordinance amending the San Francisco Plumbing Code Sections 1601A.0, and Table 1602A.0, 1603A.0, 1603A1.1, 1603A.1.2, 1604A.0, 1605A.0, 1612A.0, and Table 1603A.1.4 concerning gray water, adopting findings of local conditions pursuant to California Health and Safety Code Section 17958.7 and directing the Clerk of the Board of Supervisors to forward San Francisco’s amendments and findings to the California Building Standards Commission, making environmental findings.

Director Vivian Day said that DBI has been working closely with the Public Utilities Commission (PUC) and that an understanding and partnership has been formed to make some changes to this legislation that is being proposed. Director Day stated that the DBI and PUC will do a pilot gray water program and are suggesting that no permit would be required for clothes washer gray water systems in single-family homes under certain conditions, such as a provision that the gray water system is connected directly to the clothes washer, that the existing plumbing system is not modified, and that a valve enabling the switching from the sewer connected drainpipe to the gray water system is allowed so long as no permanent connection to the drain pipe is made. Director Day stated that single fixture gray water systems that are not clothes washers and systems that would have been allowed under the State gray water Code without a permit are required to get a plan review, free of charge, and get a courtesy DBI inspection to ensure that work is completed to Code. Director Day said that DBI is working with the San Francisco PUC and that the PUC will actually pay the cost of inspection through an interdepartmental work order for the limited duration of the pilot program. Director Day said that DBI will evaluate the program and submit further legislation to the Commission and the Board of Supervisors to address single-fixture systems that are not clothes washers in single-family homes. Director Day stated that DBI and the PUC would develop further guidelines to deal with the uniqueness of San Francisco such as small lots and steep slopes. Director Day called on Chief Plumbing Inspector Steve Panelli to give a departmental report.

Inspector Panelli explained that DBI and the PUC had made some changes to the proposed legislation. Commissioner Walker asked that, if because of these changes, the legislation would be sent back to the Code Advisory Committee for further review. Commissioner Walker stated that the Commission had received several letters concerning this proposal and suggested that the Department do some additional outreach to the public. Director Day said that the proposed change is only to one table in the ordinance regarding the clothes washers that would be installed without cutting into the piping system that would not have to come to DBI. Director Day said that the Department did not see any way for the other types of systems to be installed without cutting into the piping system. Director Day explained that it has been in the San Francisco Plumbing Code for decades that whenever the system is cut into the Department has to do an inspection due to the fact that there are certain conditions in San Francisco that do not exist in other cities. Inspector Panelli explained why the State legislation would not work in some instances in San Francisco properties and where stagnant water could turn into black water after 24 hours and could go into the sanitary system. Inspector Panelli stated that DBI wants to make sure that all of these systems work correctly and are safe for homeowners and their neighbors. President Murphy said that he thought that most people in San Francisco want to save money and want to do the right thing, but said that he thought that the Department should come up with a system that would work in different situations.

Commissioner Romero said that he knew people who collected gray water, but they did it with buckets and barrels and said he wondered if this was a big problem. Inspector Panelli said that this has not been a problem, but since the State introduced this legislation in August the Department is anticipating that more people will be looking to install these systems and the systems need to be installed and maintained properly. President Murphy said that if it is not done properly now people will just install their own system.

Commissioner Levitt said that he shared some concerns about the City being able to monitor the systems, but said that the agreement that was reached with the PUC to pay for the permitting was a good thing. Commissioner Levitt stated that there would be a minimal cost to the homeowner and the City would still be able to monitor the systems. Director Day said that she wanted to clarify that the PUC would only pay for the permit during the pilot program for the washer systems and the single fixture systems and all other systems would require a permit. Director Day said that DBI talked to the PUC to get some guidelines to see what kind of systems people will install other than those that are not connected directly to the system. Director Day stated that DBI wants to make people aware of the fact that they can use gray water and said that she believed this legislation to be a good compromise between the two departments of trying to get the best for the City and to deal with health and safety issues for the public.

President Murphy asked if anyone had talked about having a filtering system. Inspector Panelli said that he had not gotten any requests regarding filtering systems, but said that there are probably many different systems out that will either filter, clean, direct, pump water to different locations, etc.

Commissioner Walker said that she thought that the issue about the public being reimbursed for the fees should be in the legislation. Director Day said that this would be a work order between the departments which would be in the legislation. Commissioner Walker stated that she wanted to hear from the public about whether the latest amendments address the issues. Commission Lee said that if it was not important to vote on this today he did not mind putting this off to have the CAC review the latest concerns.

Commissioner Clinch asked if this covered only single-family dwellings as it appeared to him that two units were removed from the legislation. Senior Plumbing Inspector Mike Mitchell said that Commissioner Clinch was correct that DBI did not want to include two units as the system could count up to 20-22 fixtures which would include four showers, four bathtubs, two washing machines, and could generate up to 300 gallons a day of gray water into disposable areas; the Department clearly struck out the two unit building. Inspector Mitchell said that because of the unique issues in San Francisco he would support the single family washing machine system only because otherwise the City would be looking for problems down the road. Director Day stated that the gray water systems in single-family homes that are not in the system would be inspected under this pilot program, but until there is a program, DBI will not know which systems will work to the best advantage of the citizens of San Francisco. Director Day said that this pilot program would be used to see what works and what does not; the pilot program would be for at least six months. Director Day stated that as the rainy season approaches the Department is already receiving complaints regarding water encroachment on properties so DBI wants to get a handle on any of these systems that might contribute to any other kind of soil slippage or slides. Inspector Mitchell said that gray water is not a problem right now, but said that the Department wants to set guidelines so it does not become a problem tomorrow. Deputy Director Sweeney said that he had one complaint today and three yesterday regarding water coming onto a neighbor’s property and said that the Department will get complaints every single day during the winter and that does not even include failed retaining walls, fences and cracks in foundations that neighbors claim are caused by water coming from a neighbor’s property.

Commissioner Levitt said that there are some two family buildings that might have only one washing machine and asked if there would be some provision in the legislation to allow for one washing machine per unit. Director Day said that having only one washer would not alleviate the problem as it is the amount of water that is generated and the more families, the more laundry. Director Day said that DBI is trying to limit this to single family dwellings, but after the systems are evaluates perhaps there could be something that would work for two or three family units and that could be addressed at a later time. Commissioner Lee had concerns about notification when a property is sold so that a new owner would know about the gray water system.

President Murphy called on Mr. Bart Broome from the San Francisco Public Utilities Commission to give his comments. Mr. Broome said that Ms. Rosie Jakes was also present from the PUC.

Mr. Broome said that the PUC has been a primary supporter of the State legislation that would initiate these new regulations that directed State government to create indoor and outdoor standards for gray water. Mr. Broome said that this is a very important issue because the State has mandated a 25M gallon reduction of water use by 2018 and gray water is a large part of that effort. Mr. Broome stated that the PUC acknowledges that San Francisco has small plots, limited irrigation spaces, and some very steep slopes and that there will be circumstances where a gray water system does not make sense. Mr. Broome said that a simple gray water system like the one being talked about today can make sense and can save thousands of gallons per year in a single home. Mr. Broome said that the primary goal was to have the installation of systems with a simple permit and said that the PUC was very pleased with Director Day and DBI for their willingness to work with the PUC and the stakeholders. The Commissioners discussed the pros and cons of having a tank to catch the gray water.

President Murphy said that there was concern about notifying new buyers of these existing gray water systems. Mr. Broome explained that the ordinance is requiring that a maintenance manual be provided that will remain with the building throughout the life of the system and if there is a change of ownership or occupancy, the new owner is to be notified of the system. Mr. Broome stated that these requirements were written into the State legislation as well as the San Francisco ordinance. Mr. Broom said that there will be public outreach and notification through the water sewer bill.

President Murphy said that he thought that there were still many issues to be worked out and said that the PUC should bring this back to the BIC at a later date. President Murphy called for public comment.

Mr. Owen O’Donnell a resident of Scott Street said that he was a candidate for the Board of Supervisors last year and is on the Board of Baykeeper. Mr. O’Donnell stated that San Francisco has a unitary sewer system that storm water goes into. Mr. O’Donnell said that with the recent rains untreated sewage has gone into the bay and the ocean and that this practice has to stop right now. Mr. O’Donnell said that San Francisco should not put any restrictions on the State legislation and should let this happen as soon as possible.

Mr. Dan Underhill said that he has been a contractor working in San Francisco since the 1970’s. Mr. Underhill said that he was very heartened that anyone is even talking about gray water, but said that he agrees that it has to be done right to avoid any disasters. Mr. Underhill stated that this does need to be done fast because rivers are being killed.

Ms. Elizabeth Dougherty said that she is the Director of a new non-profit called Holy H2-0 that is going to open an information and certification center and has a comprehensive website concerning water efficiency, conservation, the use of rain water, gray water and black water and the best ways to do that. Ms. Dougherty said that her organization’s goal is to inform the public, legislation and professionals about how to reuse water. Ms. Dougherty stated that the organization is in negotiations with the owners of a building at the corner of Mariposa and Mississippi in San Francisco, but said that the organization would not locate in San Francisco if permits were required for gray water systems. Ms. Dougherty mentioned that these systems would create green jobs and encouraged the Commission to leave the State Code alone.

Ms. Tara Hui said that she is a homeowner in San Francisco and said that she found it interesting that people are not very trusting of homeowners. Ms. Hui stated that because it is not easy to own a home in San Francisco she thought that homeowners would use gray water systems responsibly and would be more concerned about the liability of flooding a neighbor’s yard or not disclosing the installation of a gray water system at the time of a sale than a City agency. Ms. Hui said that she had used gray water and rain water without any problems and said that she would encourage everyone to do so.

Mr. Henry Karnilowicz of SFCRG said that when new inventions come out people are always skeptical, but they usually work out. Mr. Karnilowicz stated that with the gray water systems the City needs to give it a test run to see how it is going to work out and then make changes as necessary. Mr. Karnilowicz stated that most homeowners are very responsible people.

Commissioner Walker said that she would tend to agree with Commissioner Murphy and deal with issues as they come up. Commissioner Walker stated that she thought that homeowners are responsible for what they put on their property and for any drainage issues that would come up, but said that she would like to see the BIC withdraw this legislation for now and maybe revisit it later.

Commissioner Levitt said that he agreed with Commissioner Walker about thinking about this further. Commissioner Levitt stated that Australia had been dealing with a tremendous drought for many years and is very experienced in dealing with the reuse of water so perhaps something could be learned from their experience. Commissioner Levitt said that permitting these systems would allow the City to at least register and regulate them. Commissioner Levitt talked about using gray water for parks and said that gray water is being used for permeable landscaping and streetscaping and said that he hoped the City would continue with those efforts.

Commissioner Romero said that the City did not even have to go as far as Australia as Arizona has been doing successful water conservation for a very long time. Commissioner Romero said that not enough people engage in the conservation of gray water and said that he wants to know what people in San Francisco government are doing to conserve water because if the public are being asked to do this then government should be an example.

President Murphy thanked Mr. Broome from the PUC and Inspector’s Panelli and Mitchell for their presentations. President Murphy asked for a motion.

Commissioner Walker made a motion, seconded by Commissioner Romero, to oppose this legislation. The motion carried unanimously.

RESOLUTION NO. BIC 048-09

Commissioner Walker made a motion, seconded by Commissioner Romero, to approve the minutes. The motion carried unanimously.

RESOLUTION NO. BIC 049-09

8. Commissioner’s Questions and Matters.

a. Inquiries to Staff. At this time, Commissioners may make inquiries to staff regarding various documents, policies, practices, and procedures, which are of interest to the Commission.

b. Future Meetings/Agendas. At this time, the Commission may discuss and take action to set the date of a Special Meeting and/or determine those items that could be placed on the agenda of the next meeting and other future meetings of the Building Inspection Commission.

Commissioner Walker said that the State has passed a Bill, SB120, that strengthens tenant’s rights regarding utility shut offs in single family-homes that had been denied the protections that applied to other renters. Commissioner Walker asked that the Director review this Bill as it pertains to a declaration made by the BIC to see if any amendments need to be made. Commissioner Walker said that this has helped a great number of people in living in foreclosed buildings.

President Murphy asked if any of the clerks could be rehired. Director Day said that as soon as the Department can verify additional revenues from the Controller’s Office the Department could amend the list to bring people back. Commissioner Romero asked if the Director was talking about bringing people back who had been laid off from DBI. Director Day said that the Department would have to go through the Civil Service procedures and would have to hire the next clerks on the list and could not bring back specific employees. Commissioner Romero clarified that DBI would be bringing back positions and not particular employees.

Commissioner Levitt asked about the status of 855 Folsom Street. Director Day said that the owners are working with DBI, but that there are still some modifications that have to be worked out with DBI and other City Department to bring the building back into Code.

President Murphy asked that there be an update on the CAPSS program at the next meeting. Director Day said that there has been an update to the soft-story legislation that is much more beneficial to DBI as only the plan review fees would be waived instead of all of the permit review for DBI.

Commissioner Walker asked that an update be provided regarding the issue brought up about using local vendors for the PTS. Director Day said that this is now in the hands of the Human Rights Commission and whatever decision they make DBI will have to follow.

President Murphy asked about an update for 135 El Camino Del Mar and Secretary Aherne said that this was an AAB case and the appellant was given a one year extension, with updates required quarterly; an update should be provided in December or January. Secretary Aherne stated there would probably be an AAB hearing at the next meeting as there are a couple of Housing cases that will be heard.

There was no pubic comment on this item.

9. Adjournment.

Commissioner Levitt made a motion, seconded by President Murphy, that the meeting be adjourned. The motion carried unanimously.

RESOLUTION NO. BIC 049-09

The meeting was adjourned at 3:45 p.m.

Respectfully submitted,

_________________

Ann Marie Aherne
Commission Secretary