In addition to the general definitions applicable to this code,
whenever used in this chapter, the following terms shall have the
meanings set forth below:
“Applicable structure”
means buildings constructed or remodeled from January 1,
1950 to December 31, 1980. Remodeling, partial building, wood framed
structure, and single family residence demolition projects are exempt
from the requirements of this chapter.
“Applicant”
means a person applying for a building demolition permit as required by CBC Chapter 1 Section 101.2 and Title
15 of the South San Francisco Municipal Code.
“Appropriate authority”
means the South San Francisco Department of Public Works,
Water Quality, City of South San Francisco.
“Building”
means a structure with a roof and walls standing more or
less permanently in one place. Buildings are intended for human habitation
or occupancy.
“City”
means the city of South San Francisco.
“Demolition”
means the wrecking, razing, or tearing down of any structure.
This definition is intended to be consistent with the demolition activities
undertaken by contractors with a C-21 Building Moving/Demolition Contractor’s
License.
“DTSC”
means the State of California Department of Toxic Substances
Control.
“EPA”
means the United States Environmental Protection Agency.
“PCBs”
means polychlorinated biphenyls.
“PCBs in priority building materials screening assessment”
means the two step process used to: (1) determine whether
the building proposed for demolition is high priority for PCBs-containing
building materials based on the structure age, use, and construction;
and if so (2) determine the concentrations (if any) of PCBs in priority
building materials revealed through existing information or representative
sampling and chemical analysis of the priority building materials
in the building. Directions for this process are provided in the PCBs
in the priority building materials screening assessment applicant
package.
“Priority building materials”
means the following:
A.
Caulking: e.g., around windows and doors, at structure/walkway
interfaces, and in expansion joints;
B.
Thermal/Fiberglass Insulation: e.g., around HVAC systems, around
heaters, around boilers, around heated transfer piping, and inside
walls or crawls spaces;
C.
Adhesive/Mastic: e.g., below carpet and floor tiles, under roofing
materials, and under flashing; and
D.
Rubber Window Gaskets: e.g., used in lieu of caulking to seal
around windows in steel framed buildings.
“Remodel”
means to make significant finish and/or structural changes
that increase utility and appeal through complete replacement and/or
expansion. A removed area reflects fundamental changes that include
multiple alterations. These alterations may include some or all of
the following: replacement of a major component (cabinet(s), bathtub,
or bathroom tile), relocation of plumbing/gas fixtures/appliances,
significant structural alterations (relocating walls, and/or the addition
of square footage).
(Ord. 1575 § 1, 2019)
This chapter applies to applicants for buildings constructed
or remodeled from January 1, 1950 to December 31, 1980.
(Ord. 1575 § 1, 2019)
Applications for remodeling, partial building, wood framed structure,
and single-family residence demolition projects are exempt.
(Ord. 1575 § 1, 2019)
Every applicant for a building demolition permit shall conduct
a PCBs in priority building materials screening assessment, a two
step process used to:
(1) Determine whether the building proposed for demolition is high priority
for PCBs containing building materials based on the structure age,
use, and construction (i.e., whether the building is an applicable
structure); and if so
(2) Demonstrate the presence or absence and concentration of PCBs in
priority building materials through existing information or representative
sampling and chemical analysis of the priority building materials
in the building.
Applicants shall follow the directions provided in the PCBs
in priority building materials screening assessment applicant package
(applicant package), which includes an overview of the process, applicant
instructions, a process flow chart, a screening assessment form, and
the protocol for assessing priority PCBs containing materials before
building demolition. Per the applicant package, for certain types
of buildings built within a specified date range, the applicant must
conduct further assessment to determine whether or not PCBs are present
at concentrations ≥ 50 ppm. This determination is made via existing
data on specific product formulations (if available), or more likely,
via conducting representative sampling of the priority building materials
and analyzing the samples for PCBs at a certified analytical laboratory.
Any representative sampling and analysis must be conducted in accordance
with the protocol for assessing priority PCBs-containing materials
before building demolition. The applicant package shall provide additional
details.
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(Ord. 1575 § 1, 2019)
When the PCBs in priority building materials screening assessment
identifies one or more priority building materials with PCBs, the
applicant must comply with all related applicable Federal and State
laws, including potential notification of the appropriate regulatory
agencies, including EPA, the Regional Water Board, and/or the DTSC.
Agency contacts are provided in the applicant package. Additional
sampling for and abatement of PCBs may be required. Depending on the
approach for sampling and removing building materials containing PCBs,
the applicant may need to notify or seek advance approval from USEPA
before building demolition. Even in circumstances where advance notification
to or approval from USEPA is not required before the demolition activity,
the disposal of PCBs waste is regulated under Toxic Substances Control
Act (TSCA). Additionally, the disposal of PCBs waste is subject to
California Code of Regulations (
CCR) Title 22 Section 66262. Additional
information shall be provided in the applicant package.
(Ord. 1575 § 1, 2019)
Applicants must comply with all Federal and California laws
and regulations, including, but not limited to, health, safety, and
environmental laws and regulations, that relate to management and
cleanup of any and all PCBs, including, but not limited to, PCBs in
priority building materials, other PCBs contaminated materials, PCBs
contaminated liquids, and PCBs waste.
(Ord. 1575 § 1, 2019)
Those applicants conducting a building demolition project must
maintain documentation of the results of the PCBs in priority building
materials screening assessment for a minimum of five years after submittal.
(Ord. 1575 § 1, 2019)
The applicant shall submit written notifications documenting
any changes in the information submitted in compliance with this chapter.
The applicant shall submit the revised information to the South San
Francisco Department of Public Works, Water Quality, City of South
San Francisco when changes in project conditions affect the information
submitted with the permit application.
(Ord. 1575 § 1, 2019)
The applicant is responsible for safely and legally complying with the requirements of this chapter. Neither the issuance of a permit under the requirements of CBC Chapter 1 Section 101.2 and Title
15 of the South San Francisco Municipal Code, nor the compliance with the requirements of this chapter or with any condition imposed by the issuing authority, shall relieve any person from responsibility for damage to persons or property resulting there from, or as otherwise imposed by law, nor impose any liability upon the city of South San Francisco for damages to persons or property.
(Ord. 1575 § 1, 2019)
Failure to submit the information required in this chapter or submittal of false information will result in enforcement under City of South San Francisco Municipal Code Chapter
14.04.
(Ord. 1575 § 1, 2019)
In addition to the fees required under CBC Chapter 1 Section 101.2 and Title
15 of the South San Francisco Municipal Code, all applicants subject to this chapter shall deposit funds with the city of South San Francisco and pay a fee as set forth in the city’s master fee schedule sufficient to reimburse the city’s costs for staff time required to implement this chapter.
(Ord. 1575 § 1, 2019)
City departments shall comply with all the requirements of this
chapter except they shall not be required to obtain permits and approvals
under this chapter for work performed within city owned properties
and areas, such as rights-of-way.
(Ord. 1575 § 1, 2019)