code in its entirety and enacting a 2013 electrical code consisting of the new model code, as amended by the state of california and as further amended by san francisco; adopting environmental findings and findings of local conditions under the california health and safety code; providing for an operative date of january 1, 2014; and directing the clerk of the board to forward the legislation to the state building standards commission, as required by state law. building inspection commissionn1234 sfitem 41: 130841: [green building code - enactment of new code] ordinance enacting a 2013 san francisco green building code consisting of the 2013 california green building standards code, as amended by san francisco; adopting environmental findings and findings required by the california health and safety code, california public resources code, and title 24 of the california code of regulations; providing for an operative date of january 1, 2014; and directing the clerk of the board to forward the legislation to the state building standards commission, as required by state law. building ins

code doesn't allow it now. it's what code allowed when it was built. it gets more complicated if it wasn't built with a permit. so it's a lot of resource to try to figure this out. that one sense, would take an inspector two or three hours of research. to sort it all out. there would have to be hearings and meetings. it would be a big utilization of resources. okay. this is an interesting slide. i just was in north beach. there are all sorts of issues in this one little tiny alley. i'm sorry i don't recall the name of the alley. anyone know where this is in north beach? >> water street. >> water street perhaps? there are all sorts of things going on here. there is aye case -- >> (speaker not understood) across the property line and that is a big no-no. >> the building inspection in our office, we have copies of all the historic building codes to go back to. i think we started in 1904 is the earliest one i have in my office. >> there are no plans pre-'06, no permits pre-'06. >> most of the permits were destroyed in the fire after the earthquake in 1906.

, we're able to amend it just like we are mechanical code, electrical and plumbing code. minor changes -- building code wise -- >> i don't think we need to go through minor changes. >> that's it then if you don't mind. any questions? >> i don't think so. thank you for the presentation. so we will now open up items five through ten to public comment. is there any public comment on these items. seeing none, public comment is closed. and can we forward items five through ten with recommendation? that will be the order. madam clerk can you call item number 11. >> ordinance california commemorating the location with a plaque. >> okay. this item was amended and continued. it is before us again. we received a presentation at the last hearing and so if there are no comments or questions we'll open this up to public comment. is there any public comment on item 11? seeing none, public comment is closed. and can with forward to full board with positive recommendation? without objection that will be the order. >> madam clerk is there any additional items before the committee? >> that

and it, also, it does not, safety the planning code requirements for a rear yard. so it is really a project that has been forced into a very small area, and it does not fit in the area and it is way too big for the area. and in order to make it fit, the planning department has agreed to all of these variances and the planning code that allow it not to have the proper backyard. and allow it to have, you know, 48 percent of the units open into a hallway and don't hope into an open space or either a win dowerer or a door and it is backyard, and it is the top of the parking garage. and so i mean that we really think that this project needs to be sent back to the planning department, and scaled down. with the neighborhood, believes that the building no higher than 4 stories out to be allowed here. and that will allow that the design to be done in a way that won't require all of these variances in the planning code. and it will not overwhelm the neighborhood and will not threaten the club as much as this one does. and would, provide protection for the rest of the folks t

all driven from the linear dna code that code for the linear protein code, and within that code is all the information that determines the function, the folding rate and their breakdown. but we wanted to prove, and waller came up with the notion of synthesis of proof. in fact, he was the one credited with disproving vitalism when he synthesized urea in 1828. and urea was not supposed be able to be made chemically because it was determined to be something that could only come from life, and this change was the start of a changing of a lot of thinking with scientific evidence. if you look in the chemical literature, there's thousands of papers published each year where the title is proved by synthesis. so we decided to try this approach with proving that dna was necessary and sufficient for all the information for life and the way we decide to go about this was to start with the binary code in the computer, design a dna molecule, naked from four bottles of chemicals and then find a way to boost it. so the middle part of the book describes his journey going from the digital code back to t

the controlling document here is the planning code. something you board members control and legislate on. the relevant parts of the planning code that define this entire issue i would like to read. uses permitted in neighborhood commercial districts section 703.2. whether or not a use is permitted in a specific district is set forth or summarized in article 7 of this code for each class. so 703.2-b-1, permitted uses. shall be conducted within an enclosed building in neighborhood commercial districts unless otherwise specifically allowed in this code. exceptions for this requirement are uses located outside of a building, qualified as an outdoor activity as defined in 790.70. accessory off-street parking and loading and others listed below. but the caveat here, the reason why this cannot stand on its own, because it says, subject to other limitations of this article 7 and other sections of the code. so what might they be? that takes us to section 711.83, public use. public use is the reference for that is section 790, the controlling fo

and but essentially, the building code allows you to legalize it. >> and so we are, it is the code. >> and deputy, sorry commissioner mar? >> just, don't we have a pretty clear assessment of some projects where we know that it is impossible to legalize. and i mean that of course some things can be legalized and the small project and the minor project and where there are zoning issues involved and where there are mostly beyond the scope of the permit it happens on your small jobs but they are the ones that will be difficult. and there are there is one on procidio that, it was a fourth floor deck and we treat it and it was more than 500 square feet and so we treat it as acting as a new floor and he had to put in two means of egress during the course of the investigation. and we or one of it is places that was going to be a second egress he had to have an easement through a partial easement through a neighbor's property and we caught that and stopped it. and there is a lot of things that you can do on things of violations of that nature and it is, and it, the building official has that p

in the building code, it or how that is how we assess them. and on the third floor, where the building, plumbing and electrical, they, issue a notice of violation and the building code does not give any specific time to, like, for instance, you put in the inlaw, or you put in the three windows and you must have a permit in 30 days it does not do that and we give them reasonable time and the reason that we do that it is so vast that it could be someone built a building without a permit and not going to get one for two years or if you do a demolition, you could be in planning for the next three or four years. if you do work to historical building and you alter it, you might never get a permit and as a matter of fact if you get complaints from the neighbors, or other departments, you could be stuck in planning, building, or one of the other board of appeals, abatement appeals? for periods of years. the time clock really starts when we give them a second notice of violation. and the code says that after they get a second notice of violation, we ha

and the california historical building code superseeds the regular building code. for example, you don't have to make the front door of the restaurant fully compliant with the ada or the california title 24. this is an example. you my meet the california historical building code in a qualified historic building by having a door that is 31 inches wide instead of 32 inches wide. and may have a power door operator, keep everybody happy and preserve the facade of the building and save money. i encourage to you think about the historic building code and the values we are trying to save. >> 4, select a location already zoned as a legally permitted restaurant. not just zoned but was a restaurant once upon a time. it's so much easier. the utilities, gas, power. power is a problem. we mentioned that a couple of times. getting powers and gas pg and e has a big backlog. now in san francisco we are seeing restaurants and other businesses opening with temporary generators pending the final connections by bg and e. building and fire have a separate process before the builteding

but when it comes to gangs, the convict code is the code of silence. talking about gang business can get members killed. >> they got rules, and we got rules within the rules, you know. among different people or among different races. but we have to deal with it. you know, i can't elaborate too much on it. >> the subject was clearly off the table when we sat down at pelican bay state prison with raul leon, alleged to be one of the leaders of the most powerful prison gang of all, the mexican mafia. >> how powerful is the mexican mafia here at pelican bay? >> i don't even touch on that right there. i don't speak on it myself, you know? >> raul leon had such influence throughout the state by assigning individuals to represent him. he would have people assaulted. he would have riots take place on his orders. >> serving a life sentence for murder, leon lives in what is widely regarded as the most restrictive environment in the state of california -- pelican bay security housing unit or shu. inmates are confined to their cells for all but 90 minutes per day,

it is the building code green mechanical and electrical and plumbing codes, and all of those codes have to be amended to be consistent with the new state code and we have the codes available on the port website, sf port.com for the public and for the commission to review. and the staff will be back to the port commission and in december to present the final draft of the building codes for your approval assuming that you do approve them. the new port codes will go into effect january first, 2014 at the same time that the state code goes into effect. and i mentioned a couple of times the port commission meeting in december and i want to remind folks and i know that the commission at the last meeting but i want to remind folks that the december commission meeting will be december the 12th which is a thursday and we usually meet on taouses and so the december meeting will be on thursday and we will start at the regular time at 3:15 here in the sherry building. and last issue that i wanted to raise with you is pier 92, grain silo public art and we have been before you regarding that particul

is it in the planning code? what is the process based on? who has the jurisdiction? >> john, let me at least explain the building commission authority. and so the way that the charter is written is the building inspection commission is required to hold a hearing on all code changes, but the charter does not say that you have to approve code changes before they can go to the board of supervisors to be enacted. so it no longer requires a hearing. we treated administrative bulletins, in the same way as we have treated the code changes where they are brought to the building inspection commission and typically, the way that it is set up is you vote on them and you can vote up or down, and i guess if anything, while it has no, a vote, and up or down, on a building code change or administrative bulletin, it is not necessarily binding, its direction to the staff that the building inspection commission does not support it and maybe, then, they would need to go back and make further amendments. because the administrative bulletins don't go to the board of supervisors, they are

planning is checking it to make sure it matches the planning code. that's why there's a fee. >> so, they will share it. >> they're sharing information. then should they not charge the fee? i mean -- it's provided by the health department. >> you could potentially roll the fee into one fee and planning could take a bit of the health department's fee. i think this is probably the way it works for most use applications so, that's why they're proposing it in this case. fully understand the commission's desire, which we share to keep the barrier to cottage food operation as low as possible because it's something we all want to see happen. >> director dick-endrizzi. >> i'm sorry. >> commissioner o'brien. >> do we have any examples of cottage industries that have set up in the recent past, any examples we can look at to see how the process took place? [multiple voices] >> we can check. there could be -- to the extent that a cottage food operation is defined as an accessory use within a residential dwelling unit, it's not allowed until now. there may be some

you dropped out to called co academy, it teaches people how to code programs, code computers, right? >> yes. >> colbert: why? why? why would you do that? >> we think everyone needs to understand the basics of computing, what they do every day in the real world, interact so much with technology and we want to teach everyone to understand that. >> colbert: why do i need to understand that, can't i say siri do a code for me. >> if we did that we wouldn't have such problems with -- >> colbert: the president said he called the best and the brightest for that, did they call you? >> not yet, i am waiting. >> colbert: you would be the best and the brightest. but why do you think -- why do you think everybody -- your mission is free, right? >> yes. >> colbert: how do you -- so you have the same business model as twitter. so how do you make money? >> right now we don't, so we have a lot of investors in the company and eventually we are hoping to connect the people that are learning on the site with opportunities to with their skill set. >> colbert: i would not say we have a lot of investors an

section that prohibits sleeping in the park. >> that park code would still exist? >> you would have to make a vote i imagine first to -- there is an existing law that prohibits that. >> gibner. there is an existing law in the code that prevents people from sleeping in the park. if someone is cited for sleeping in the park, that person cited for the same amount. the sleeping section of the park creates a safe harbor or an exception for someone who has not previously been cited for sleeping in the park or for someone who within 30 hours of the citation accept social services by the city. so there are some exceptions to the sleeping in the park section of the park code. >> how would this ordinance impact the current practice. if you are sleeping in the park when the park is closed. you can automatically get a ticket violation starting at $100 regardless of how sleeping is treated during hours when the park is open. >> the sleeping in the parks provision only applied during the hours during 8:00 p.m. and 8:00 a.m.. but you are right. to your question, this ordinance wo

you try to put the sprinklers in and they get to take advantage of the code. >> the new code

the lot design, the uses proposed and that is code compliant and the code would allow a greater density and although the guidelines do not apply in a project but it's vetted with those considerations in mind. the project was reviewed and vetted by the urban design team and u dat and the pacific heights residents association and they have no objection. i attached their letter as exhibit three. other letters are attached as exhibit five. the overall design of the building fronting on perine place and on california as you heard that was recommended by the department. there's no objection to the demolition and so something has to be built here and we haven't a clear what would be acceptable to the other side. i had numerous conversations with mr. matchen and he never told me what is acceptable and you will see in my submittal and this type of building is and articulated and unbroken and this a collaboration between the staff and the neighbors that live there and the design team and we're asking for the commission's support of this project. thank you. i would like to bring up the project arc

code doesn't allow it now. it's what code allowed when it was built. it gets more complicated if it wasn't built with a permit. so it's a lot of resource to try to f

we just go with what the california building code says. >> the new california building code into into affect january 1, 2009. and it relies on fire sprinklers. can you think of any? >> existing building, if people try to implement it. they may have to sprinkler their buildings. you can built the building bigger or more area. or bring your separation a little closer together. there's a lot of advantages to the designer. and i think we may see some of these buildings putting them in they they don't have to get the advantages. particularly the ones downtown. you try to put the sprinklers in and they get to take advantage of the code. >> the new code doesn't consider the post earthquake. we have an unfortunate loss of water pressure after an earthquake. the local jurisdiction are a little bit concerned about over reliance on sprinklers instead of fixed assets because of lost water. >> my main fire protection engineer, he's concerned and wants to implement if you have a tank in your building, you have the water supply, sprinkler system. they have to have some back up water already >> high

planning is checking it to make sure it matches the planning code. that's why there's a fee. >> so, they will share it. >> they're sharing information. then should they not charge the fee?

cottage food is defined in the planning code. planning has to, has to review it. and, so, that's why there's a fee. >> are there any other zoning fees for other home-based businesses in san francisco? >> this would be the first -- this would be the first allowance of something like -- exactly like this out of a -- it's in the planning code to my understanding. i don't know that there's anything comparable, but the planning department does make -- does look at, you know, whether a particular use matches a planning code all the time. there are charges and fees associated with that. so, it's not unprecedented in that sense. it would be very unusual for planning to have to review something and not, and not have a fee associated with it. >> any other? but if the health department -- so, it does have to go through some type of planning? >> planning just has to -- it gets referred from planning similar to what happens with restaurants now is my understanding. so, they basically look and make sure that -- the health code is looking to make sure it's safe from a health per

. >> so the fence -- a gate, a gate is a door under the building code. this has to meet all the requirements of a door. you have to be able to walk up to the gate, turn the handle and get out. not a key allowed. they used to be okay, but that is a retroactive requirement under the san francisco housing code must be moved and replaced with the less you can get out in case of a fire. with youv of the most common type of fire, it's not going to work -- the buzzer won't work to let you out of the gas. -- gate. you need to replace those key locks and drills. do doors have to swing a certain way? yes, they do, but it's basically where the occupant load is 50 or more that becomes an issue. they have to swing out and in, either out or in, 50 to 100, 100 they have to swing out only. yes, sir. >>> (inaudible). >> okay. the question was in this particular gate that we're looking at here, does it have to be set back, is that right? the department of public works and the building code both address issues that say doors cannot swing more than 12 inches over public pro