Ordinance No. 0171-25
Ord. No. 0171-25
in effectAMENDED IN COMMITTEE
FILE NO. 250191
7/29/2025
ORDINANCE NO. 171-25
[Planning and Building Codes - Amnesty for Properties in the Department of Building
Inspection's Internal Quality Control Audit]
Ordinance amending the Planning Code to: create a time-limited amnesty program for
properties listed on the Department of Building Inspection's Internal Quality Control
Audit and subject to a Notice of Violation; consider those properties as noncomplying
structures and nonconforming uses following certification; and waive fees and
penalties associated with the Planning Department's review of requests for amnesty,
and refund any fees and penalties already paid by amnesty projects; amending the
Building Code to: require certification of existing conditions for amnesty projects;
prohibit expansion or intensification of non-complying amnesty structures; create a
streamlined process for reviewing amnesty project applications; and waive fees
associated with amnesty projects, and refund any fees and penalties already paid by
amnesty projects; affirming the Planning Department's determination under the
California Environmental Quality Act; making findings of consistency with the General
Plan, and the eight priority policies of Planning Code, Section 101.1; and making
findings of necessity and convenience under Planning Code, Section 302.
NOTE:
Unchanged Code text and uncodified text are in plain Arial font.
Additions to Codes are in single-underline italics Times New Roman font.
Deletions to Codes are in strikethrough italics Times Plew Rmntmfent.
Board amendment additions are in double-underlined Arial font.
Board amendment deletions are in strikethrough ,.\rial font.
Asterisks (* * * *) indicate the omission of unchanged Code
subsections or parts of tables.
Be it ordained by the People of the City and County of San Francisco:
Section 1. Environmental and General Findings.
Supervisors Mandelman; Chan
BOARD OF SUPERVISORS
Page 1
(a) The Planning Department has determined that the actions contemplated in this
ordinance comply with the California Environmental Quality Act (California Public Resources
Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of
Supervisors in File No. 250191 and is incorporated herein by reference. The Board affirms
this determination.
(b) On May 1, 2025, the Planning Commission, in Resolution No. 21729, adopted
findings that the actions contemplated in this ordinance are consistent, on balance, with the
City's General Plan and eight priority policies of Planning Code Section 101.1. The Board
adopts these findings as its own. A copy of said Resolution is on file with the Clerk of the
Board of Supervisors in File No. 250191, and is incorporated herein by reference.
(c) Pursuant to Planning Code Section 302, the Board of Supervisors finds that the
Planning Code amendments in this ordinance will serve the public necessity, convenience,
and welfare for the reasons set forth in Planning Commission Resolution No. 21729, and the
Board incorporates such reasons herein by reference.
(d) On April 17, 2025, at a duly noticed public hearing, the Building Inspection
Commission considered this ordinance in accordance with Charter Section 4.121 and Building
Code Section 104A.2.11.1 .1. A copy of a letter from the Secretary of the Building Inspection
Commission regarding the Commission's recommendation is on file with the Clerk of the
Board of Supervisors in File No. 250191.
(e) No local findings are required under California Health and Safety Code Section
17958. 7 because the amendments to the Building Code contained in this ordinance do not
regulate materials or manner of construction or repair, and instead relate in their entirety to
administrative procedures for implementing the code, which are expressly excluded from the
definition of a "building standard" by California Health and Safety Code Section 18909(c).
Supervisors Mandelman; Chan
BOARD OF SUPERVISORS
Page2
Section 2. Legislative Findings.
(a) In January 2023, Rodrigo Santos, a building and construction engineer who did
business in San Francisco, was found guilty of leading multiple fraud schemes, tax evasion,
and providing falsified documents to the Federal Bureau of Investigations. Santos had
defrauded his clients, submitted false plans to the Department of Building Inspection ("DBI")
and worked beyond the scope of his permits dozens of times. He also stole money from his
clients by misrepresenting the fees that were due to DBI and keeping the difference.
(b) In July 2023, former DBI Inspector Bernie Curran was found guilty of accepting
illegal gratuities for personal gain in connection with building inspections he performed.
Santos had made payments to Curran to approve illegal work including unauthorized
demolitions and unpermitted construction.
(c) In May 2021, DBI initiated the Internal Quality Control Audit ("Audit") - a review of
properties that were associated with Rodrigo Santos and former Inspector Bernard Curran.
(d) DBI identified 5,445 properties for review ("Audit Properties"). The Audit identified
three Tiers of properties: (1) Tier 1: those that were associated with both Santos and Curran -
119 properties; (2) Tier 2: those associated with Santos or Curran and in a slope protection
area - 158 properties; and (3) Tier 3: those associated with Santos or Curran but not in a
slope protection area - 5, 168 properties.
(e) Within the scope of the audit, DBI auditors have looked for evidence of work
beyond the scope of the permit, unpermitted work, missing inspections, missing slope
protection review, missing trade permits, missing special inspections, and complaints that
were not investigated.
(f) DBI completed the Audit in January 2025, and did not find any imminent life-safety
hazards. Most of the Audit Properties, were cleared without DBI issuing a Notice of Violation
Supervisors Mandelman; Chan
BOARD OF SUPERVISORS
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("NOV"), including all Audit Properties in Tier 3. As of January 2025, DBI had issued NOVs
for approximately 1304-00 Audit Properties in Tiers 1 and 2.
(g) Many owners of the Audited Properties that received NOVs purchased the property
after renovations had been completed and were unaware that unauthorized work had been
done.
(h) For some of these properties, the work needed to abate a violation can be costly,
leaving these owners responsible for tens of thousands of dollars in unanticipated permit and
architectural fees.
(i) To provide relief for these property owners, this ordinance amends the Planning and
Building Codes to create a time-limited amnesty program for properties that have been issued
NOVs pursuant to the Audit.
Section 3. Article 1.7 of the Planning Code is hereby amended by adding Section 187,
to read as follows:
SEC. 187. AUDIT PROPERTIES;. AMNESTY PROGRAM.
(a) Intent. The purpose of this amnestv program is to provide relie[from strict compliance
with the Planning Code for properties subiect to Notices of Violation CNOV") issued by the
Department of Building Inspection as part of its Internal Quality Control Audi/ ("Audit"). The Audit
identified approximately 5,500 properties that could have been subiect to permilting and inspection
irregularities. Pursuant to the Audit procedures. these properties were subiect to additional review by
DBI As o(January 1. 2025, DBI had issued approximately 100 NO Vs as a result o(/he~Audit.
(b) Limitatiolls. This Section 187 does not alter. modify, waive. or otherwise change the City 's
legal defenses to and immunity from any responsibiUty or liability for harm caused by the conduct of
any permit expediter. engineer, architect of record, or other design professional, such as Rodrigo
Santos~orJnspections by City employees, such as Bernard Curran. or anyone acting on behal(of or in
Supervisors Mandelman; Chan
BOARD OF SUPERVISORS
Page4
concert with those individuals. The amnesty provided in this Section 187 does not relieve any property
owner fi·om complying with the Building Code or obtaining final legal inspection for any work subiect
to the Audit.
(c) De[i11itions. For purposes of this Section 187 the following definitions shall apply:
"Audit" means the Department of Building Inspection's Internal Ouality Control Audit, as it
may be updated
"NOV Property" means any propertv identified in the Audit that is or has been subiect to a
NOV arising..fj:_om the Audit.
(d) Amnesty Determination. NotwiLhstanding any other provision o[lhis Code. upon a written
determination ofthe existing conditions made bv the Planning Director ("Director") or the Director's
designee pursuant to subsection (e). the phvsical condition and use ofanv NOV Property shall be
considered an existing noncomplving structure and/or nonconforming use subiecl to this Article 1. 7,
afier the property owner abates the NOV bv obtaining a final certificalion ofnoncomplying conditions
from the Department of Building Inspection pursuant Lo Building Code Section 106A. 6. or a Building
Permit.
(e) Plamzillg Determination o(No11conformitv and No11compliance. The Director Qr their
designee shall document the degree o(nonconformily or noncompliance for each NOV Property that is
granted amnesty under this Section 187. The Direclor's determinalion ofthe degree of nonconformity
and/or noncompliance shall be based on any of the following: (1) historical photographs: (2) publicly
available information, including any NO Vs: (3) current photographs provided by the applicant
including photographs showing the NOV Property: (4) drawings provided by the applicant prepared bv
a slate licensed contractor, architect, or registered engineer depicting the wid!h, depth. height,
projection. elevation. and other key characteristics o[Lhe NOV Property: (5) site inspections by the
Planning Department, Department of Building Inspection. or other department having iurisdiction Lo
perform such an inspection, i{requested: and (6) any other document or information the Director
Supervisors Mandelman; Chan
BOARD OF SUPERVISORS
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deems relevant. Such determination shall be provided to the Department o(Building Inspection under
Building Code Section 106A. 6. It shall be the obligation ofthe property owner to demonstrate
eligibility for amnesty under this Section 187. The Director's determination regarding the degree of
nonconformity or noncompliance shall not be subiect to appeal.
CO Waiver of Fees. The Planning Department shall waive all fees for applications or other
actions zmderjhis SecliQIJ)87. The~PlanningDepartm.ent shall also refimd any permit fees or
enforcement fees and penalties related lo abating a NOV issued pursuant to the Audit. regardless of
whether the fees or penalties were paid prior to the effective date ofthe ordinance in Board File
No. 250191.
(g) Re/atio11ship to Planning Code. Pursuant to the provisions o[lhis Section 187 and Building
Code Section 106A.6, NOV Properties subiect to the Audit mav receive amnesty from the Planning
Code and be considered existing noncomplying structures and/or nonconforming uses. Although NOV
Properties may receive amnesty from strict compliance with the Planning Code for work sub;ect to the
Audit, NOV Properlies may not enlarge. modify or otherwise intensify the noncomplving structures
and/or nonconforming uses. Following receipt by propertv owner ofa certification of existing
conditions pursuant to Building Code Section 106A or a Building Permit to abate a NOV. anv changes
to the propertv shall be subiect to the requirements of the Planning Code in effect as of the date ofthe
subsequent work.
(h) Application deadline. Any NOV Property must submit a complete amnesty application no
later than three vears after the effective date ofthe ordinance in Board File No. 250191.
(i) Sunset. This Section 187 shall expire by operation of/aw five years after the effecLive date
of the ordinance in Board File No. 250191. following which the Citv Allorney is authorized to cause it
to be removed from the Planning Code.
Supervisors Mandelman; Chan
BOARD OF SUPERVISORS
Page6
Section 4. Chapter 1A of the Building Code is hereby amended by adding Section
106A.6, consisting of Sections 106A.6.1 to 106A.6.6, to read as follows:
106A. 6 Internal Quality Control Audit Amnesty Program. This Section 106A. 6 applies to
Notices of Violation ("NOV") Properties, as defined in Planning Code Section 187. Planning Code
Section 187 creates an amnesty program for properties subiect Lo NO Vs resulting Ii-om the
Department's Internal Quality Control Audit ("Audit") by exempting those NOV Properties from strict
compliance with the Planning Code. provided that the property owner obtains certifzcation from the
Department documenting the status of the noncomplying conditions. The Department shall implement
the amnesty program outlined in this Section 106A. 6 to document the noncomplying condition-L and
expedite the abatement o(NOVs associated ·with Audit.
1061-J.p.J Certification of Existing Conditions a11d Necessary Repairs: No New Construction
or bzte11sificatio11 of Non-Conformity. The Department shall provide a streamlined process to ·verifv
exisling conditions and abate any Building Code issues: provided that the application for certification
of existing conditions shall be consistent with the information on Plans and Specification requi[emenJ£
provided in Section J06A.3.3. and require the propertv owner to designate an architect or engineer of
record The amnesty program shall not authorize new construction. additions. or any intensification of
structural non-conformitv bevond what is determined bv the Planning Department to be a
noncomplving structure and/or nonconforming use pursuant to Planning Code Section 187.
106A. 6.2 Abatement of Notices of Violation. A certification pursuant to this Section I 06A. 6
shall be sufficient to abate a pending NOV related to failure to comply with the Planning Code.
Building Code violations must be brought into compliance with all applicable building standard!i.
106A.6.3 No Relaxatio11 of Building Standards. The certification process in this Section
l il6A.6.3 mav be used to abate a NOV based on failure to comply with the Planning Code, but nothing
in this Section 106A. 6 relaxes or suspends any building standards or the obligation to obtain a Building
Permit to abate a NOV premised upon violations of the Building Code.
Supervisors Mandelman; Chan
BOARD OF SUPERVISORS
Page 7
106A.6.4 Waiver o[Fees. Notwithstanding any other provision of the Building Code, the
Department shall waive all fees for applications and inspections necessary to obtain a certification
pursuant to this Section 106A. 6 and building permits necessary to abate any NOV issued pursuant to
the AudiCincluding the application fee for plan review. permit issuance fee for inspections. and any
enforcement fees and penalties, such as inspection fees required under Section 107A.5 for ·work wjthout
a permit. The Department shall refund anv permit fees and any related enforcement fees andpenaWes
as~oclat~d~ith qbqting a NOV for failure to complv with the Building Code issued pursuant to the
Audit. regardless of whether the fees were paid prior to the effective date ofthe OLdLnance in Board
File No. 250191.
J()6A.~5 StceqmJing_dApplication Process. The Department shall develop a.streamlined
application process to facilitate and expedite review of applications filed.Jmsfer.. thjs~Section l 06A. 6.
106A.6.6 Sunset. This SectionJ06A.6 shQl! expire by operation o(law five years after the
effective date o(the ordinance in Board File No. 2j0J91. following which the City Attorne11 iS.
authorized to cause ii Lo be removed from the Building Code.
Section 5. Effective Date. This ordinance shall become effective 30 days after
enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the
ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board
of Supervisors overrides the Mayor's veto of the ordinance.
Ill
Ill
Ill
Supervisors Mandelman; Chan
BOARD OF SUPERVISORS
Page 8
Section 6. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors
intends to amend only those words, phrases, paragraphs, subsections, sections, articles,
numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal
Code that are explicitly shown in this ordinance as additions, deletions, Board amendment
additions, and Board amendment deletions in accordance with the "Note" that appears under
the official title of the ordinance.
APPROVED AS TO FORM:
DAVID CHIU, City Attorney
By:
/s/ Robb Kapla
Robb Kapla
Deputy City Attorney
n :\legana\as2024 \2500083\01856384.docx
Supervisors Mandelman; Chan
BOARD OF SUPERVISORS
Page9
City and County of San Francisco
Tails
Ordinance
City Hall
l Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
250191
Date Passed: September 02, 2025
Ordinance amending the Planning Code to: create a time-limited amnesty program for properties listed
on the Department of Building Inspection's Internal Quality Control Audit and subject to a Notice of
Violation; consider those properties as noncomplying structures and nonconforming uses following
certification; and waive fees and penalties associated with the Planning Department's review of
requests for amnesty, and refund any fees and penalties already paid by amnesty projects; amending
the Building Code to: require certification of existing conditions for amnesty projects; prohibit expansion
or intensification of non-complying amnesty structures; create a streamlined process for reviewing
amnesty project applications; and waive fees associated with amnesty projects, and refund any fees
and penalties already paid by amnesty projects; affirming the Planning Department's determination
under the California Environmental Quality Act; making findings of consistency with the General Plan,
and the eight priority policies of Planning Code, Section 101.1; and making findings of necessity and
convenience under Planning Code, Section 302.
July 23, 2025 Budget and Finance Committee - CONTINUED TO CALL OF THE CHAIR
July 29, 2025 Budget and Finance Committee -AMENDED, AN AMENDMENT OF THE
WHOLE BEARING SAME TITLE
July 29, 2025 Budget and Finance Committee - RECOMMENDED AS AMENDED AS A
COMMITTEE REPORT
July 29, 2025 Board of Supervisors - PASSED, ON FIRST READING
Ayes: 11 - Chan, Chen, Dorsey, Engardio, Fielder, Mahmood, Mandelman, Melgar,
Sauter, Sherrill and Walton
September 02, 2025 Board of Supervisors - FINALLY PASSED
City and County of San Francisco
Ayes: 11 - Chan, Chen, Dorsey, Engardio, Fielder, Mahmood, Mandelman, Melgar,
Sauter, Sherrill and Walton
Page I
Printed at 12:05 pm on 9/3125
File No. 250191
City and County of San Francisco
Daniel Lurie
Mayor
Pagel
I hereby certify that the foregoing
Ordinance was FINALLY PASSED on
9/2/2025 by the Board of Supervisors of the
City and County of San Francisco.
<::2..LOv
Angela Calvillo
Clerk of the Board
". s. 202 er
Date Approved
Printed at 12:05 pm on 9/3125
References
amendsSec. 186.1
amendsSec. 186.2
amendsSec. 186.3
amendsSec. 187
amendsSec. 187.1
Source: sf_ordinance_pdfURL: https://sfbos.archive.sf.gov/sites/default/files/o0171-25.pdfFetched: 7/4/2026