Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Maher Ordinance topic
No spam. Unsubscribe anytime.
Building Inspection Commission approves expanded MAHER soil-testing rules, 6–1
Summary
The commission approved ordinance file no. 1303692 to expand the boundaries and types of projects requiring MAHER soil testing and groundwater review; DPH staff outlined a three-step review with statutory 30‑day response windows and an initial applicant fee of $600 plus processing at about $200/hour.
The San Francisco Building Inspection Commission voted 6–1 on June 19 to advance an ordinance (file no. 1303692) that expands the city’s MAHER soil‑testing program to more parcels and project types and adds groundwater testing under specified circumstances. The vote sends the measure to the Board of Supervisors for final readings and (if enacted) would become effective roughly 30 days after passage.
The proposal was presented by Kelly Pretzer of the Mayor’s Office with Department of Public Health (DPH) and Planning staff available to answer technical questions. Pretzer said applicants would be notified at their first interaction with city permitting (planning, environmental or building) if their parcel lies in the expanded MAHER zone and that Planning’s parcel map would be published online to show affected properties.
DPH staff described the MAHER review as a three‑step process. The first step is submission of a site history (DPH review typically 4–6 hours); the second step, if triggered, is a sampling work plan and sample results (DPH review typically 8–12 hours); and the third step, if needed, is a site mitigation plan and a final report (also typically 8–12 hours). DPH must respond within 30 days at each step under the ordinance, meaning a statutory maximum of about 90 days if all steps are used.
Regarding cost and staffing, Pretzer said the ordinance sets an initial fee of $600 payable at filing of a site history, plus an additional processing charge of roughly $200 per hour for document review. DPH reported a combined caseload of 56 MAHER‑related and voluntary remedial applications in 2012 and currently assigns roughly 0.5 full‑time equivalent staff to this review work; fee revenue would scale and fund additional staff if caseload rises.
Commissioners pressed staff on how the ordinance would affect routine emergency repairs and smaller homeowner projects. Planning staff said emergency projects are exempt and that the MAHER trigger is 50 cubic yards of excavation — a volume city staff said is well above what typical household repairs require. Staff also noted that an applicant may split permits so that non‑excavation work can proceed while excavation permits are reviewed.
President McCarthy called the roll after a brief public comment period with no speakers. The final tally on the ordinance was 6 in favor, 1 opposed (Vice President Marr). Commissioners who voted yes sometimes noted reluctance and emphasized the need for strong public outreach, clear notice in permit systems, and training for inspectors who will implement the new requirements.
The ordinance text, including fee language and health‑code renumbering, was included in the meeting packet as file no. 1303692. The commission heard that, if approved by the Board of Supervisors and signed by the mayor, the ordinance would likely be scheduled to take effect in August to allow the department time to publish maps and ready online tools.
