>> not very much. >> you are not considered public for public consideration of comment >> you are denying me the right to speak? >> your attorney spoke for you. >> there needs to be said in rebuttal and i would appreciate to be able to say something >> i don't have a question. i would like to say that there has been nothing presented that gives us any argument for taking jurisdiction back on this issue and i would like to move to deny the request for jurisdiction. >> is there a second? >> second. >> before a vote, commissioner walker would your finding be that the appellant failed to show that his lateness in finding and jurisdiction request were in error on the part of the city

>> that's correct. there is something that i was looking for legal reason to take take back on jurisdiction that we have no jurisdiction of and there is nothing presented that gives us any legal reason to do that. our staff has worked with this, has issued the notices of violation, has notified them on goingly about different ones. it's great that now the day before this hearing, there is some action and a willingness to try to resolve these issues. i encourage that to go forward. we don't have jurisdiction over this case and there is no argument presented to me to -- >> i would like to add also that there were 9 orders of abatement assessment with these two properties and they were all assessed over 4 months and

over 11 months ago. this is not like one single order of abatement that was assessed and it was being an appealed to us. i have a feeling that they already know what order of abatements are and they should have seen at least one of the 9 and read through the rules of appeal and if they didn't, somebody missed out on it. >> commissioner mar? >> yes. i would agree. this third party had somebody representing them at this time. if you hire somebody to represent you, they are representing you until it changes. i have a roll call vote if there is no further commissioner comment. >> thank you. >> there is a roll call vote on

the motion to deny the request for jurisdiction. president clinch? yes. vice-president melgar? yes. commissioner mar? yes. commissioner mccray? yes, commissioner mccarthy? yes, lee? yes, walker? yes. that motion passes unanimously. case no. 6774. 3554 san bruno avenue. owner of record and appellant. richard thomas environment and land management. the appellant is

requesting that the abatement appeals board grant jurisdiction. >> the case is the same. we request that you not do so on this case. >> just for clarification, there has not been an order of abatement on this item, is that correct? >> with respect to the legal use, no. there has not. >> david berry, my comments from before should apply equally to this. if you have any questions i would like to answer them. >> if your client would like to speak, he can do so now on your three minutes. >> thank you very much. when i found this notice, i did show

good cause. i was basically being penalized by allegedly having this phantom unit among the one building in question and that building is at 3556 through 3564 san bruno avenue. it's that old building that we have a handout that was part of the san born marp that it was in existence in 1990. after checking the record myself i found it was hooked up to gas the first 1265 is mentioned by the electrical company showing it was hooked up to gas service in 1915. so that's the phantom unit. it's because of this phantom unit that all of the other things that were found in a building next door and some

of those things were the windows that were there that were aluminum windows. i have owned the building for 37 years. i didn't put in aluminum windows. they were put in there by the other owner when one of the older windows blew out. the older windows have a characteristic pattern to them that the building -- that the planning commission and their interest wants to maintain that look and windows. we are perfectly happy to go ahead and do that, however, from the very outset when two years ago when i started asking for permits i was denied and i was denied because i had an illegal unit and the illegal unit was in a

different building, a different area. they said no, you have to take care of this illegal unit before you can do anything. so when i met with rosemary for the first time about a year 1/2 ago, i came up with this list of violations. here is an initial assessment cost and down here is the legalization of this property because i have maintained that it was legal and it wasn't -- i get fined $2200 and i can't take it out because i get this violation. here is $20,000 worth of things which is basically thrown in with fees and with cost and i have eventually paid, but i have a building permit to fix

these windows. i can't get into this gentleman's unit because the last time i got in there he called the police and he had me arrested for walking into his unit. >> thank you, mr. thomas. any public comment? any comments or questions from the commission? commissioner walker? >> i feel that this particular issue, there hasn't been an order of abatement with this issue and we lack jurisdiction. i think that the department is really who should be dealing with these violations and property owner should be dealing with our inspectors. i would support a motion. i'm happy to make it unless somebody else wants to make it. >> i was going to say when this item came before us last month,

the paperwork was filed by the appellant's attorney, the night before and we had very little time and certainly our attorney janis didn't have enough time to read everything and be able to give us the thorough analysis of the issues involved but we've since had a month and have read everything and feel pretty confident that i have done my due diligence on this and i don't think that we should be granting jurisdiction. i this i that the owner has certainly issues that he thinks he knows some factual things the city doesn't agree with but i don't think that it is our place to be resolving those issues. i also think that it's a different issue in terms

of many code violations that exist in this building. >> yeah. is there a motion? >> commissioner melgar, i concur with commissioner melgar's comments and we've had our chance to do due diligence. >> i move to deny the request for jurisdiction based on all of the facts that there has been nothing presented that gives us any argument to take jurisdiction in this case. >> second. >> second. commissioner mar? >> there is a motion and a second to deny the request for jurisdiction. i will make a roll call vote on this item.

president clinch? yes, vice-president melgar? yes, commissioner mar? yes, mccray, yes, mccarthy? yes, commissioner lee, yes. the motion passes. >> item f for general comment for items not on the agenda. >> seeing none, we will move to item g, adjournment. is there a motion to adjourn? >> move to adjourn. >> second. >> is there any public comment in a motion to adjourn. everyone in favor? aye. any opposed? we are now adjourned as the abatement appeals board. we'll take a ten minute recess

and reconvene as the building inspection commission. thank you.

i'm nicole and lindsey, i like the fresh air. when we

sign up, it's always so gratifying. we want to be here. so i'm very excite ied to be here today. >> your volunteerism is appreciated most definitely. >> last year we were able to do 6,000 hours volunteering. without that we can't survive. volunteering is really important because we can't do this. it's important to understand and a concept of

learning how to take care of this park. we have almost a 160 acres in the district 10 area. >> it's fun to come out here. >> we have a park. it's better to take some of the stuff off the fences so people can look at the park. >> the street, every time, our friends. >> i think everybody should give back. we are very fortunate. we are successful with the company and it's time to give back. it's a great place for us. the weather is nice. no rain. beautiful san

francisco. >> it's a great way to be able to have fun and give back and walk away with a great feeling. for more opportunities we have volunteering every single day of the week. get in touch with the parks and recreation center so come >> hi, i'm corn field and welcome to doing building san francisco, we are doing a special series, called stay safe, how you can stay in your home safely and comfortable, and we know that an earthquake is coming and there are things that you can do to reduce the effects of the earthquake on your home. let's take a look at that. >> here at the spur urban center on mission street in san francisco talking about staying in your home after an

earthquake. i have guests today, pat buscavich and his dog, harvey and david, and both structural engineers and we want to talk about things that you might do before an earthquake to your home to make it more likely that your home will be ha bitable after an earthquake, what should we do? both structural and maybe even important non-structural things. >> you hear about how to prepare an earthquake kit and brace your book shelves and water tank and that is important. what you have to be careful is make sure that you are not going the easy things to make yourself feel better. if you have a bad structure, a bad building, then you need to be looking at that and everything that you do to keep your collectables in place is small and compared. if you have taken care of your structure, then there is a lot of stuff that you can do in your house that is non-structural and your chimney and water tank. >> let's talk about what the structural things might be.

>> and he is exactly right. you don't want to make the deck chairs safe on the titanic, it is going down, you are going down, you have to make sure that your house is safe. there are basic things that you need to do including bracing the water heater, not just because of fire hazard but because of the water source and the damage, but basic things are installing anchor bolts, and adding plywood and strapping your beams to column and posts to footings and foundations are really easy things to do and most contractors can do the building department is set up to approve this work, and these are things that every home owner should do, and it is a little harder because you have to get a building permit and hire a contractor. but you want to be able to after a big earthquake to climb in bed that night and pull the covers up and say i don't have to worry about going to a government shelter. >> that is the main focus that it is great to have an earthquake kit to be able to bug out for 72 hours.

here is a better idea, stay in your own home and in order to do that you have to be make sure that your structure is okay. if you have a house, the easy things to do with the wood construction is feasible. if you have a renter or you live in a concrete building, you need to talk to the building own , and make sure they have done their due diligence and find out what the deficiencies are. >> when i have looked at damaged buildings,vy seen that a little bit of investment in time and money and structural work provides great dividends. >> especially if it is the wood frame, typical house that you can do the things that i was talking about, the anchor and the plywood in the first garage area, you know if you refinanced in the last three years, get some of that savings and it is a really good investment. and the other thing that i try to tell people, earthquake insurance is not the solution to the shelter in place, if there is a big earthquake and your building is damaged, you

are not in your house, you may be somewhere else, if you work in the city, it is going to be really hard to commute from sonoma, you want to do what is necessary so that your house is retrofitted and a couple of years of earthquake premium could get you to a level that you could be in the house after a significant earthquake and it may have damage and there is still a shelter in place where you are at home and you are not worried for the government taking care of you and you are living in a place where you can go to work and you want to have your wood frame house is really easy to get to that level. on top of the wood frame house, i mean every wood frame house in the west half of the city have a water tank and the water tank fall over because they are gas fired and start fires. and that is something that you could do for yourself, and for your neighbors and for the whole city is make sure that your water tank is braced. >> if you look at the studies that are predicting on fires, we are going to have a lot of fires and for every water tank that is braced there is a potential of one less fire that the fire department is going to

have to fight and we don't want to have any more fires than we need to. so bracing the water heater is the first thing that you want to do. >> and so easy, and you go on-line and you google, earthquake, water and heater and you google the sites where you can find the details and you can put them out there on the hardware store and you can hire a small contract tore do that for you. that is a couple of hundred bucks, the best investment. if you are in other types of building it is complicated. if you are in a high-rise building you just can't anchor your building down because there are no anchor bolts, but at that point, the tenant should be asking questions of the owner's and the managers about earthquake preparedness >> and don't take the easy answer, oh, our building is safe it was designed to code. that is not the right answer, ask the tough questions and see if you can get a report that has been given to you. >> what is the right question? will i be able to stay in my home after the expected earthquake? is that a good question to ask?

>> yeah, you may be more specific if you talk to the owner, if it is not a recent building, if it is ten or 20 years old see if they had an inspection done and there you will have a written before that will tell you all about the structure. >> thanks, pat. >> thanks, harvey. and thanks david for joining us and thank you for joining us on

>> we are ready to begin. good morning. today is wednesday, june 19, 2013. this is a regular meeting of the building inspection commission. i would like to remind everyone to turn

off all electronic devices. first item on the agenda is roll call. president mccarthy, mar, clinch, lee, commissioner mccray, melgar? commissioner walker? here. we have a quorum. and there are going to be a couple of items that are called out of order. >> yeah. madam secretary if we can move 2 and 3 and go straight to four. if people from 4 are not here, we can go straight to 5. i believe you are here. >> okay. begin with item no. 5.

item 5: discussion and possible action regarding proposed ordinance file no. 130369-22 amending the building and health codes to expand the boundaries and types of projects for which soil testing is required and to require testing of groundwater under specified circumstances; amending the public works code to eliminate soil testing provisions; renumbering code sections in the health code; and making environmental findings. continued from the bic hearing of may 15, 20133 >> okay. begin with item no. 5. sf 51234 >> thank you, president mccarthy, members of the commission. we were here last month and here to answer any questions that may have been brought up. i will walk through the points and please interrupt me if you would like any elaboration or clarification. my name is kelly president -- press with