Section 3105 of the Building Code regulates the installation of awnings as ancillary structures requiring a building permit and compliance with specific fastening standards and strength specifications. Building permits for installing or modifying awnings require review by the Planning Department for compliance with Planning Code Section 136.1 and various zoning controls in use districts across the City.

The Proposed Legislation would establish an amnesty program for existing awnings that were installed without a building permit or for which there is no specific building permit regarding the existing awning in the City’s records. The Planning Code provisions in the legislation would also provide amnesty for existing signs from certain Planning Code requirements. The amnesty program would waive enforcement application and inspection fees under both the Planning and Building Codes for applicants that apply for a permit to legalize an existing awning during the program’s duration. It would also streamline the application process by only requiring submission of information necessary to confirm compliance or document the degree of nonconformity with the Planning Code.

For an existing awning or sign that does not comply with the Planning Code, the amnesty program would grant them legal nonconforming status and document the degree of nonconformity, ensuring that any future modifications, repairs, or replacement of the awnings or signs shall not increase their nonconformity. The amnesty program would not waive compliance with any substantive building standards nor allow any new work or construction to repair, remove, or replace a noncompliant awning or sign.

The ordinance establishes a simplified permitting process for unpermitted commercial awnings, waives permitting fees associated with coming into compliance, and confers legal nonconforming status for awnings that do not comply with the Planning Code.

The Building Inspection Commission met and held a public hearing on May 17, 2023, regarding the proposed amendment to the Planning and Building Codes. The commissioners voted unanimously to recommend approval of the proposed ordinance.

The amnesty program would automatically terminate unless extended by the Board of Supervisors on June 1st, 2024.