SECTION 1105D – EQUIVALENT FACILITATION; TECHNICAL INFEASIBILITY, OR UNREASONABLE HARDSHIP.

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.

SECTION 1106D – BUILDING PERMIT REQUIRED; INSPECTION AND COMPLETION OF WORK; VALUATION APPLIED TO FUTURE PROJECTS; NOTICE TO TENANT(S)

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.

   If a permit is required to remediate the entryway or the sidewalk, the Owner shall provide written notice to the business tenant or tenants of the building a minimum of 30 days prior to filing the permit application with the Department.

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.

(Amended by Ord. 102-18, File No. 180323, App. 5/4/2018, Eff. 6/4/2018; Ord. 65-19, File No. 190136, App. 4/12/2019, Eff. 5/13/2019)

CODIFICATION NOTE

1.   So in Ord. 51-16 and Ord. 225-16.

SECTION 1107D – COMPLIANCE SCHEDULE; OPTION TO COMPLY WITH CURRENT CODE REQUIREMENTS

   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.

 

TABLE 1107D COMPLIANCE SCHEDULE
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

   1.  Pursuant to Section 1106D.4, all mandated work must be completed within the time periods specified in Section 106A.4.4 of this Code for Permit Expiration unless an extension of time of time is granted pursuant to Section 1108D

(Amended by Ord. 200-17, File No. 170837, App. 10/5/2017, Eff. 11/4/2017; Ord. 102-18, File No. 180323, App. 5/4/2018, Eff. 6/4/2018)

SECTION 1108D – EXTENSIONS OF TIME

   (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.

(Amended by Ord. 200-17, File No. 170837, App. 10/5/2017, Eff. 11/4/2017; Ord. 102-18, File No. 180323, App. 5/4/2018, Eff. 6/4/2018)

SECTION 1109D – VOLUNTARY DISABILITY ACCESS IMPROVEMENTS

   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.

SECTION 1110D – APPEAL PROCEDURE

   Any procedure provided under this Code to appeal accessibility issues is available in order to achieve compliance with this Chapter 11D. In addition, appeals to the Access Appeals Commission may be made in accordance with the provisions of this Chapter 11D and 105A.3 of this Code.

SECTION 1111D – ENFORCEMENT

   Whenever the Owner of a building within the scope of this Chapter 11D fails to undertake or complete any action required by this Chapter within the time for compliance set forth in Table 1107D, the Owner shall be considered to be in violation of this Code and the Building Official is authorized to abate the violation in accordance with Section 102A of this Code.

SECTION 1112D – DISABILITY ACCESS COMPLIANCE UNIT

   The Building Official shall establish within the Department a Disability Access Compliance Unit to enforce this Chapter 11D and to perform such other duties as the Building Official shall require. The Unit shall have at least one CASp Inspector from the Department and such other departmental employees as the Building Official deems appropriate. The Compliance Unit shall consult and coordinate with other City agencies with review authority over the permits necessary to comply with the requirements of this Chapter, including but not limited to the Planning Department and Department of Public Works, and any other City agencies that the Building Official determines are necessary or desirable to achieve the purposes of this Chapter.

   The Compliance Unit shall track and maintain records; coordinate review of checklists, documents, and permits; provide information to the owners of buildings subject to this Chapter, tenants of said buildings, and members of the public; provide guidance, training and assistance to the Department’s plan review staff and field inspectors; develop the informational material described in Section 1113D; and provide such progress reports on the effectiveness of this Chapter as the Compliance Unit deems appropriate or as the Building Official or the Access Appeals Commission may require.

SECTION 1113D – COORDINATION WITH OTHER CITY AGENCIES; REPORT TO THE BOARD OF SUPERVISORS

1113D.1.  Coordination with Other Agencies.  The Department shall coordinate with the Planning Department, the Department of Public Works, and other City departments with review authority over the accessibility improvements mandated or authorized by this Chapter 11D , as well as with the Office of Small Business, the Mayor’s Office on Disability, and other appropriate City agencies, to develop and implement (1) outreach tools, (2) pre-screening procedures, (3) methods to streamline the process, (4) proposed Code revisions, and (5) administrative bulletins, brochures, checklists, and guidelines or other documents to implement the purpose and objectives of this Chapter. The Checklist for Alterations to Commercial Storefront for Accessibility in existence on the effective date of this Chapter 11D, as amended from time to time, and other guidance documents shall be used to review and approve the disability access improvements mandated or authorized by this Chapter 11D.

1113D.2.  Report to the Board of Supervisors.  After consultation and coordination with other appropriate City departments and agencies, on or before December 1, 2018 the Department shall submit a report in writing to the Board of Supervisors concerning the effectiveness of this Chapter 11D and including recommendations, if any, for amendments to this Chapter. A progress report shall be submitted to the Board of Supervisors once a year thereafter until completion of this Chapter’s disability access improvement program.

(Amended by Ord. 200-17, File No. 170837, App. 10/5/2017, Eff. 11/4/2017; Ord. 102-18, File No. 180323, App. 5/4/2018, Eff. 6/4/2018)