patrick fosdahl. >> thank you. good evening, board members, my name is patrick fosdahl. i'm the assistant director of the environmental health branch. the third time you're hearing this case before you. just as a quick reminder, san francisco health code s-h states that retail tobacco permits are location specific and can't be transferred or assigned to a new person or location. so when the tobacco permit issued for 4500 third street was issued it couldn't be moved to the new location at 4522 third street which triggered this whole thing that you have before you this evening. the health code does have a provision which we -- you kind of just all went over here regarding the exemptions to the -- the health code. specifically, and i'll read it here for you, an owner of a retail food store or tobacco shop holding a valid permit was relocate under the building code may -- [inaudible] >> -- so if the department of building inspection is saying that this relocation was the result of a seismic upgrade under that provision of chapter 34(b), then, the health department's position