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Article 38 of the San Francisco Health Code

Since 2008, Article 38 of the San Francisco Health Code has required new construction in areas of poor air quality to install enhanced ventilation systems to protect residents from respiratory, heart, and other health effects associated with breathing polluted air.

The city's Air Pollutant Exposure Zone is defined through a collaborative effort with the Bay Area Air Quality Management District. You can find out if a property is in the Air Pollutant Exposure Zone by visiting the Environmental Information screen on SF Planning's Property Information Map.

Projects located within the Air Pollutant Exposure Zone must:

1. Submit an application to DPH prior to or at the beginning of the CEQA entitlement process with SF Planning, and
2. Submit a Ventilation Plan demonstrating compliance with Article 38 to DPH for approval before submitting plans to DBI for Mechanical Permit approval. Ventilation plans must include specific information as described in our Guidance for Project Sponsors:
1. Project location (address and parcel number);
2. Map of project including all surrounding streets within 500 feet;
3. Name of assigned planner to the project from the Planning Department; and
4. The appropriate fee in the form of a check payable to the San Francisco Environmental Health Section.

Materials may be submitted by email to Antoniette.Flores@sfdph.org.

Making a Complaint

If you would like to make a complaint regarding Article 38 compliance, you may call 311.

Please also refer to the guide to the many different agencies that handle complaints about odors and fumes.