PASO A PASO
Comply with the Maher Ordinance: construction steps with engineering controls
Comply with the Maher Ordinance (Health Code 22A) by mitigating environmental contamination during and after construction with engineering controls.
Site Assessment and Mitigation ProgramThis webpage lists compliance steps for Health Code Article 22A Maher Ordinance for projects that have:
- completed the Maher Ordinance pre-constructions steps, and
- obtained approval of a Site Mitigation Plan (SMP) that includes engineering and institutional controls.
If your approved SMP does not include engineering and institutional controls, see compliance steps for projects with no engineering controls.
These steps below are implemented during and after construction activities.
Review Site Assessment and Mitigation submittals for more information about specific document submittals.
Implement your project and mitigations
Once you have a site addenda or building permit from Department of Building Inspection (DBI), you may implement your project following the approved SMP, Dust Control Plan (DCP), and Engineering Control Design Plan.
This is a great time to start drafting your Construction Quality Assurance Report, Operation and Maintenance Plan, Covenant and Environmental Restriction, and your Site Mitigation Completion Report.
Submit a Construction Quality Assurance (CQA) Report
A CQA Report is required. This CQA report documents construction of the engineering control, and verification of its performance, and certifies that the building is safe to occupy.
Submit your Temporary Certificate of Occupancy (TCO) Worksheet
Submit your TCO worksheet to get your building approved for occupancy. The TCO Worksheet will be signed once your CQA Report is approved.
Submit an Operation and Maintenance Plan
An Operation and Maintenance Plan for the engineering control is required.
Submit a Covenant and Environmental Restriction
A Covenant and Environmental Restriction is required. A Covenant and Environmental Restriction informs current and future owners about hazardous substances under the property, activity use limitations (AULs), and any required activities to ensure the property remains safe for its intended use. If your property has a deed of trust or mortgage, you may also need to submit a subordination agreement.
The Covenant and Environmental Restriction and any Subordination Agreements require review by your environmental professional, property owner, and their legal counsel, your caseworker, and the City attorney's office. Your caseworker will provide you a template package with instructions. Upon completion, these documents must be notarized and recorded at the City's Assessor-Recorder’s office.
The Covenant and Environmental Restriction primarily:
- Restricts residential or sensitive uses if needed
- Requires implementation of the Operations and Maintenance Plan
Once the Covenant and Environmental Restriction is recorded, a Site Mitigation Completion Report is required.
Submit a Site Mitigation Completion Report (SMCR)
A SMCR is required to document that mitigation activities were performed to comply with Health Code 22A, including the implementation of all SMP and DCP activities and the completion of any CQA Report, Operations and Maintenance Plan, and Covenant and Environmental Restriction.
Pay your invoices
At this point in your project, you will need to pay all your invoices.
You may receive a No Further Action letter after your account balance is settled.
Submit your Job Card for Certification and Final Occupancy
Receive your No Further Action letter
If your SMCR is approved, and all invoices are paid, you will receive a letter indicating no further action is required for compliance with Health Code 22A (and 22B, if applicable).
Implement Operation and Maintenance Plan
You will need to coordinate with the property owner to ensure the operation and maintenance activities are performed.