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The Department shall assign each building within the scope of this Chapter 11D to one of the following four categories. If a building does not clearly fall within one of these categories, the Building Official shall assign it to the category he or she determines is the most appropriate. The Building Official’s decision is appealable to the Building Inspection Commission pursuant to Section 77.3(b) of the Administrative Code.
Category One: The Primary Entry or Entries and the Accessible Entrance Route(s) comply with Code requirements. A building qualifies under Category One if any of the following descriptions applies:
(a) A building or portion thereof was constructed or altered under a permit application filed prior to July 1, 1992 and all Primary Entries and Accessible Entrance Routes are in compliance with the requirements of the 1998 California Building Code.
(b) A building or portion thereof was constructed or altered under a permit application filed on or after July 1, 1992, and prior to January 1, 2002, all Primary Entries and Accessible Entrance Routes are in compliance with the requirements of the 1998 California Building Code or a later Building Code in effect at the time of any permit application for a tenant improvement or other alteration, and the Department gave final approval of the accessible entry work under the construction permit or any alteration permits.
(c) A building is eligible to use the California Historical Building Code, a permit application was filed on or after January 1, 1995, all Primary Entries and Accessible Entrance Routes are in compliance with the California Historical Building Code in effect at the time of the permit application, and the Department gave final approval of the accessible entry work under the construction permit or any alteration permits.
(d) A building is within the scope of Chapter 4D of the Existing Building Code, which mandates earthquake retrofit of certain existing Wood-Frame Buildings, and the Owner elected pursuant to Section 1107D to comply with the requirements of this Chapter prior to the compliance deadlines in Table 1107D.
(e) A building or portion thereof was altered, or is proposed to be altered, under a permit application filed on or after the effective date of this Chapter 11D and the Owner elected pursuant to Section 1107D to comply with the requirements of this Chapter prior to the compliance deadlines in Table 1107D.
Category Two: There are no steps to the Primary Entry or Entries and one or more elements of the Primary Entry or Entries or the Accessible Entrance Route(s) do not comply with Code requirements. A building qualifies under Category Two if any of the following descriptions applies:
(a) A building or portion thereof was constructed or altered under a permit application filed prior to July 1, 1992, the building has a Primary Entry or Entries with no steps, and one or more elements of the Primary Entry or Entries or the Accessible Entrance Route(s) are not in compliance with the requirements of the 1998 California Building Code.
(b) A building or portion thereof was constructed or altered on or after July 1, 1992 and prior to January 1, 2002, the building has a Primary Entry or Entries with no steps, and one or more elements of the Primary Entry or Entries or the Accessible Entrance Route(s) are not in compliance with the requirements of the 1998 California Building Code or a later Building Code in effect at the time of any permit application for a tenant improvement or other alteration, or the Department did not give final approval of the accessible entry work under the construction permit or any alteration permit.
(c) A building is eligible to use the California Historical Building Code, a permit application was filed on or after January 1, 1995, the Primary Entry or Entries has no steps, and one or more elements of the Primary Entry or Entries or the Accessible Entrance Route(s) are not in compliance with the California Historical Building Code in effect at the time of permit application, or the Department did not give final approval of the accessible entry work under a construction permit or any alteration permit.
Category Three: There is one step to the Primary Entry or Entries and one or more elements of the Primary Entry or Entries or the Accessible Entrance Route(s) do not comply with Code requirements. A building qualifies under Category Three if the building or portion thereof was constructed or altered under a permit application filed prior to July 1, 1992, the Department gave final approval of the work under the permit, the building has a Primary Entry or Entries with one step and one or more elements of the Primary Entry or Entries or the Accessible Entrance Route(s) are not in compliance with the requirements of the 1998 California Building Code.
Category Four: The building has a Primary Entry or Entries with more than one step and one or more elements of the Primary Entry or Entries and/or the Accessible Entrance Route(s) do not comply with minimum Code requirements. A building qualifies under Category Four if the building or portion thereof was constructed or altered under a permit application filed prior to July 1, 1992, the building has a Primary Entry or Entries with more than one step, and one or more elements of the Primary Entry or Entries or the Accessible Entrance Route(s) are not in compliance with the requirements of the 1998 California Building Code, or the Department did not give final approval of the accessible entry work under the construction permit.
(Amended by Ord. 102-18, File No. 180323, App. 5/4/2018, Eff. 6/4/2018)
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
1105D.1. Equivalent Facilitation. The Department shall develop an Approved Barrier Removal Standard in consultation with the Access Appeals Commission, the Planning Department, and the Department of Public Works. The Disability Access Compliance Unit shall maintain the Approved Barrier Removal Standard and review any proposal for Equivalent Facilitation under this Chapter 11D for compliance with that Standard. Any proposal for Equivalent Facilitation that does not comply with the Approved Barrier Removal Standard must be approved by the Access Appeals Commission.
1105D.2. Technically Infeasible. A request for a finding that compliance is Technically Infeasible can be based upon either a structural or a non-structural condition.
(a) Structural Technical Infeasibility. A structural Technical Infeasibility is an existing condition of the building where full compliance would require the removal or alteration of a load-bearing structural element that is an essential part of the structural frame.
(b) Non-structural Technical Infeasibility. A non-structural Technical Infeasibility may include conditions where full compliance would require encroaching into the required egress width, interfering with pedestrian use of the sidewalk or a permanent easement, and similar conditions that do not impact the structural elements or frame. The Disability Access Compliance Unit shall compile a list of non-structural conditions that the Department would accept as supporting a request for a finding of Technical Infeasibility and provide other written guidance, and may require that a request based on a non-structural condition be ratified by the Access Appeals Commission pursuant to Section 105A.3.3 of this Code.
1105D.2.1. Acceptance of previously-granted determinations of Technical Infeasibility. Under the California Building Code, all findings of Technical Infeasibility must be documented by the Department and can only be made on a case-by-case basis. The Department will accept and record a previously-approved finding of Technical Infeasibility for a building within the scope of this Chapter 11D if: (1) the finding of Technical Infeasibility was approved by the Department and can be documented, (2) the finding of Technical Infeasibility is applicable to the elements covered by this Chapter 11D, and (3) an Inspector has submitted written documentation acceptable to the Department that all conditions and requirements of the Technical Infeasibility are unchanged and remain applicable.
1105D.3. Unreasonable Hardship. The Compliance Unit, in consultation with the Access Appeals Commission, shall develop and publish guidelines specifying the conditions under which an Unreasonable Hardship would be approved by the Department. All Unreasonable Hardships must be ratified by the Access Appeals Commission pursuant to Section 11B-202.4, Exception 8, and Section 1.9.1.5 of the California Building Code.
1106D.1. Building Permit Required. A building permit is required to make any and all modifications to a building either mandated or authorized by this Chapter 11D. All work required by this Chapter 11D shall be considered by the Department to be barrier removal and no additional path of travel upgrade shall be required. Only those elements that are actually altered will be required to comply with the current requirements of this Code.
1106D.1.1. Historic Resources.
(a) For a building considered to be a Historic Resource, the plans submitted with the building permit application shall be prepared in conjunction with a Design Professional and in compliance with the California Historical Building Code, requirements of the San Francisco Planning Department, and guidelines developed and published by the Compliance Unit.
(b) As required by Articles 10 and 11 of the Planning Code, a permit application for a Historic Resource designated pursuant to Article 10 or 11 of the Planning Code must be approved by the Historic Preservation Commission unless delegated for review and approval without a hearing to Planning Department staff.
1106D.2. Alteration Work That May Be Included in the Permit Application. The only work that may be included in the permit required by Section 1106D.1 is: (a) the work to a Primary Entry or Accessible Entrance Route mandated by Section 1104D or (b) any voluntary disability access improvements authorized by Section 1109D.
1106D.3. Inspection of Work. All work completed by permit under Option 1 of Section 1104D.2 for Category Two, Category Three, and Category Four buildings shall be inspected by the Department’s field inspector that is assigned to that district. If the work complies with requirements of this Chapter 11D, the inspector shall issue to the Owner a Certificate of Final Completion stipulating that the work complies with the requirements and shall provide a copy of the Certificate of Final Completion to the Disability Access Compliance Unit. Upon request, the Owner may obtain a final inspection and approval by a Department inspector who is certified as a CASp Inspector; the inspection fee set forth in Table IA-D of Section 1101 of this Code shall apply.
All work completed by permit under Options 3 and 4 of Section
1104D
.2 for Category Two, Category Three, and Category Four buildings shall be inspected by a Department CASp Inspector. If the work complies with requirements of this Chapter 11D, the inspector shall issue to the Owner a Certificate of Final Completion stipulating that the work complies with the requirements of this Chapter and shall list his or her CASp number where applicable on both the Certificate of Final Completion and the completed job card.
1106D.4. Completion of Work; Certificate of Final Completion. Notwithstanding any other provision of this Code, all work mandated by this Chapter 11D must be completed within the time periods specified in Section 106A.4.4 of this Code for Permit Expiration unless an extension of time is granted pursuant to Section 1108D. Any Certificate issued by the Department upon final completion of the work required by this Chapter 11D shall state that compliance is with Chapter 11D of this Code and not with the requirements of either the Americans with Disability Act or the California Building Code.
1106D.5. Valuation Applied to Future Projects. As authorized by the Building Code, the valuation of both the mandatory and the voluntary disability access improvements performed under this Chapter 11D may be used to comply with path of travel upgrade requirements in Building Code Section 11B-202.4 Exception #8 of this Code for any future project within the same building of portion of a building for a period of time not to exceed four years from the completion date of the work; provided, however, that only the valuation of the work described in 1106D.2(a) or (b) shall be allowed for this purpose. In order to use the valuation of voluntary disability improvements for this purpose, the Owner must follow the recommended order of priority for making accessibility improvements set forth in Section 11B-202.4 of this Code.
CODIFICATION NOTE
The times for compliance with the requirements of this Chapter 11D are set forth in the following Table 1107D. The Owner of a building within the scope of this Chapter must submit all required forms, documents, and permit applications to the Department prior to the deadlines set forth in Table 1107D but may comply with the requirements of this Chapter 11D, or elect to comply with the requirements and procedures of the Building Code then in effect, at any time prior to the deadlines set forth in Table 1107D.
Category | Category Description | Submit compliance Checklist and specify compliance Option | File application for required building permit(s) | Obtain required building permit(s)
1
|
Category One Buildings | In compliance | January 1, 2019 | N/A | N/A |
Category Two Buildings | No steps but barriers | January 1, 2019 | April 1, 2019 | April 1, 2020 |
Category Three Buildings | One step with barriers | June 1, 2019 | September 1, 2019 | September 1, 2020 |
Category Four Buildings | 1+ step with other barriers | December 1, 2019 | March 1, 2020 | March 1, 2021 |
(a) For good cause shown, the Building Official may grant one extension of time for up to six months from the compliance timelines in Table 1107D. For good cause shown, one or more additional extensions of time may be granted by the Access Appeals Commission pursuant to Section 1110D; provided, however, that in no event shall the Commission extend the time to complete the mandatory work required by this Chapter 11D beyond December 1, 2023. The Commission’s decision shall be final.
(b) A written request for an extension of time shall be submitted to the Department or to the Access Appeals Commission prior to the time for compliance.
(c) For purposes of this Chapter 11D, good cause may include but is not limited to:
(1) The pendency of a request for a finding of Equivalent Facilitation or Technical Infeasibility;
(2) The desirability of coordinating the mandatory work required by this Chapter 11D with voluntary disability access improvements;
(3) Financial hardship;
(4) A legal hardship such as an existing lease; or
(5) A undue procedural delay by the Department or another reviewing City agency.
In addition to the mandatory requirements of this Chapter 11D, the Owner may elect to make additional corrections to the building or a portion thereof to comply with other State or Federal disability access requirements.
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