We Need Your Input: Biological Agent Detectors - Registration and Fees

BOMA San Francisco Members:

Please take a moment to review the Biological Agent Detectors Ordinance that would amend the San Francisco Health Code to create a registration program, fees and other requirements Biological Agent Detectors in San Francisco.

BOMA San Francisco's Emergency Preparedness Committee members and Advocacy Team have been working with the sponsor or the legislation, San Francisco Board President David Chiu; and representatives of the San Francisco Health Department (SFDPH) and San Francisco Fire Department (SFFD), to help amend the legislation.  Here are the recent amendments to the measure :

• Sec. 3500 - Findings and Statement of Purpose 
• Amending subsection (j) to apply more generally to emergency responders. 
• Sec. 3501 - Definitions 
• Clarified definition of Biological Agent detector to include mobile and fixed position devices.
• Added "Chief" definition for SFFD 
• Sec. 3502 - Certificate of Registration Required 
• Changed "site" to "building" for registration requirement. 
• Sec. 3503 - Application for Certificate of Registration 
• Added provisions for mobile devices 
• Added language directing applicants to apply for necessary permits from DBI and SFFD. Also instructed applicants to comply with all applicable laws and regulations. 
• Sec. 3504 - Investigation and Action on Application 
• Clarified that Director may ask for information regarding compliance with all applicable laws and regulations. 
• Sec. 3507 - Fees 
• Took out "per biological agent detector" in the title since mobile device users pay per building in addition to per device. 
• Added mobile device fees for DPH. I'm checking to see if the SFFD wants to amend its fee structure to account for mobile devices. 
• Sec. 3511 - Duties of the Biological Agent Detector User 
• Changed "site" to "location" re requirement of providing access. 
• Added requirement that written instructions be provided in a manner acceptable to DPH and the SFFD. 
• Added requirement (per SFFD's request) that each biological agent detector user maintain at each fire alarm annunciator panel signage explaining that there is a Biological Agent Detector in the building. In addition, added requirement that the signage should also contain a map or directions to explain the locations of the devices. 
• Sec. 3512 - Prohibition Against False Alarms 
• Changed wording of requirement per DPH Environmental Health Director's request. The rewording does not change the prohibition. 
• Sec. 3514 - Interest and Penalties for Nonpayment 
• Changed referral procedures per request from Tax Collector's Office. Clarified that the Director of DPH will engage in some collection activity before referring delinquent accounts to the Tax Collector. 
• Sec. 3520 - Government Immunity 
• Broadened immunity provisions to state that issuance of a Certificate of Registration will not guarantee the safety of an emergency response plan.

We sincerely appreciate the outreach efforts of the SFDPH/SFFD and Supervisor David Chiu's office for helping to address BOMA members' concerns.  

Please send any comments or suggestions to Ken Cleaveland at kenc@boma.com and John Bozeman johnb@boma.com.