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1104D.1. Category One Buildings. The Owner of a building classified in Section 1103D as Category One shall obtain an inspection of the elements on the Department’s Category One Primary Entry Compliance Check- list by an Inspector. On or before the time for compliance specified in Section 1107D, the Owner shall submit to the Department’s Disability Access Compliance Unit a copy of the Checklist completed and signed by the person who performed the inspection and including his or her business contact information and a professional stamp, CASp number, or California State License Bureau contractor’s license number, whichever is applicable.
If any elements on the Checklist are found by the Inspector or licensed general contractor to be not in compliance with the standards for accessible entries set forth in the applicable California Building Code or California Historical Building Code, or the Department did not give final approval of the accessible entry work, the noncomplying elements shall be clearly specified in detail, the building shall be reassigned by the Building Official to the appropriate Category, and the Owner shall comply with all requirements of that Category. The Building Official’s decision is appealable to the Building Inspection Commission pursuant to Section 77.3(b) of the Administrative Code.
Exception: For Category One subcategories (d) and (e), the Building Official may waive the requirement for an inspection and submittal of the Checklist if the Building Official determines that an inspection or documents submitted under other permit applications are the equivalent of the inspection and Checklist submittal requirements of this Chapter 11D.
1104D.2. Category Two Buildings. The Owner of a building classified in Section 1103D as Category Two shall obtain an inspection of the elements on the Department’s Category Two Primary Entry Compliance Checklist by an Inspector. On or before the time for compliance specified in Section 1107D, the Owner shall submit to the Department’s Disability Access Compliance Unit a copy of the Checklist completed and signed by the person who performed the inspection and including his or her business contact information and a professional stamp or CASp number.
Each element on the Checklist found by the Inspector to be not in compliance with the applicable standards for accessible entries set forth in the applicable Building Code or California Historical Building Code, including a failure to obtain final Department approval of the accessible entry work, shall be specified in detail and one of the following four options selected by the Owner as the method by which the Owner will address the Code deficiency within the time specified for compliance in Section 1107D:
(a) Option 1. The Owner shall submit to the Disability Access Compliance Unit:
(1) Plans showing how the non-complying element or elements will be brought into full compliance with the applicable standards for accessible entries set forth in either the California Building Code or the California Historical Building Code, and.1
(2) If the Owner elects to use the California Historical Building Code, documentation showing that the building is qualified to use the California Historical Building Code.
The Owner must subsequently apply for and obtain a building permit to do the required work within the time specified for compliance in Section 1107D.
(b) Option 2. The Owner shall submit to the Disability Access Compliance Unit:
(1) Plans, drawings, or other documentation required by the Compliance Unit demonstrating that bringing the non-complying element or elements into full compliance with the applicable Code standards for accessible entries is Technically Infeasible, and
(2) Plans, drawings, a written explanation, or other documentation required by the Compliance Unit showing what Equivalent Facilitation will be provided.
The Owner must subsequently apply for and obtain a building permit to do the work required within the time specified for compliance in Section 1107D.
(c) Option 3. The Owner shall submit to the Disability Access Compliance Unit a Request for Approval of an Unreasonable Hardship form together with plans, drawings, a written explanation, or other docu- mentation required by the Compliance Unit showing what Equivalent Facilitation will be provided. The Compliance Unit will review the request and either approve or deny it, and then forward the request and equivalency submittal information to the Access Appeals Commission for a hearing pursuant to Section 1110D and Section 105A.3.3 of this Code.
The Owner must subsequently apply for and obtain a building permit to do the work required within the time specified for compliance in Section 1107D.
The request for a hearing by the Access Appeals Commission shall be submitted pursuant to the procedures of Section 105A.3 of this Code and in sufficient time to obtain a decision prior to the other compliance timelines in Table 1107D.
1104D.3. Category Three Buildings. The Owner of a building classified in Section 1103D as Category Three shall obtain an inspection of the elements on the Department’s Category Three Primary Entry Compliance Checklist by an Inspector (as defined in Section 1102D). On or before the time for compliance specified in Section 1107D, the Owner shall submit to the Department’s Disability Access Compliance Unit a copy of the Checklist completed and signed by the person who performed the inspection and including his or her business contact information and a professional stamp or CASp number.
Each element on the Checklist found by the Inspector to be not in compliance with the applicable standards for accessible entries set forth in the applicable California Building Code or California Historical Building Code shall be specified in detail and one of the options set forth in Section 1104D.2 (a) through (d) selected by the Owner as the method by which the Owner will address the Code deficiency within the time specified for compliance in Section 1107D.
1104D.4. Category Four Buildings. The Owner of a building classified in Section 1103D as Category Four shall obtain an inspection of the elements on the Department’s Category Four Primary Entry Compliance Checklist by an Inspector. On or before the time for compliance specified in Section 1107D, the Owner shall submit to the Department’s Disability Access Compliance Unit a copy of the Checklist completed and signed by the person who performed the inspection and including his or her business contact information and a professional stamp or CASp number.
Each element on the Checklist found by the Inspector to be not in compliance with the applicable standards for accessible entries set forth in the applicable California Building Code or California Historical Building Code shall be specified in detail and one of the options set forth in Section 1104D.2 (a) through (d) selected by the Owner as the method by which the Owner will address the Code deficiency within the time specified for compliance in Section 1107D.
(Amended by Ord. 102-18, File No. 180323, App. 5/4/2018, Eff. 6/4/2018)
CODIFICATION NOTE