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)

SECTION 1114D – NOTICE

   The Department shall post on its website the requirements of this Chapter 11D. The Department shall also prepare any administrative bulletins, brochures, or other materials that the Building Official determines are necessary or desirable to notify property owners and tenants about the requirements of this Chapter and shall coordinate with the Office of Small Business and, in the Building Official’s discretion, other City departments concerning appropriate methods for providing notice about the requirements.

SECTION 1115D – [REPEALED.]

(Former Sec. 1115D repealed by Ord. 102-18, File No. 180323, App. 5/4/2018, Eff. 6/4/2018)