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Any building or portion of a building with a Place of Public Accommodation subject to the requirements of Chapter 11B of this Code is within the scope of this Chapter.
Exception: A building that was constructed under a building or site permit application filed on or after January 1, 2002.
A building constructed under the Building Code in effect on or after January 1, 2002 is presumed to be accessible to persons with disabilities and will be exempt from this Chapter 11D upon receipt by the Department of a written notice of exemption from the Owner or the Owner’s authorized agent that provides a construction permit application number dated on or after January 1, 2002 and contact information for the Owner and/or Owner’s authorized agent.
1101D.1. Compliance with Federal or State Laws. Nothing in this Chapter 11D is intended to relieve the Owner or the operator of a Place of Public Accommodation of their obligation to comply with the requirements of any Federal or State law, including but not limited to the Americans with Disabilities Act, or to modify or extend the time for compliance with any such law.
1101D.2. Contractual Obligations. Nothing in this Chapter 11D is intended to interfere with any contractual obligations between the Owner of a building within the scope of this Chapter and any lessee of space within the building.
For the purposes of this Chapter 11D, the following definitions shall apply:
“Accessible Entrance Route.” An identifiable path of travel by means of which a Primary Entry may be approached, entered and exited, and which connects the Primary Entry with an exterior approach (including any adjacent sidewalks, streets and parking areas).
“Building Official.” The Director of the Department or the Director’s designee.
“California Construction-Related Accessibility Standards Compliance Act.” Sections 55.51 through 55.53 of the California Civil Code as amended from time to time.
“California Historical Building Code.” Part 8 of Title 24, California Code of Regulations.
“CASp Inspector.” A person who has been certified by the State of California as a certified access specialist authorized to inspect a Place of Public Accommodation for compliance with construction-related accessibility standards.
“Checklist for Alterations to Commercial Store-front for Accessibility.” A Checklist developed by or with the input of City departments or agencies with review authority over the subject buildings.
“Department.” The Department of Building Inspection.
“Design Professional.” A “Registered Design Professional” as defined in Chapter 2 of the Building Code.
“Disability Access Compliance Unit” or “Compliance Unit.” The Unit within the Department established under Section 1112D of this Chapter.
“Equivalent Facilitation.” As defined in Chapter 2 of the Building Code.
“Historic Resource.” A building designated pursuant to Articles 10 and 11 of the Planning Code, listed on or
determined eligible for listing on the California Register of Historic Resources or the National Register of Historic Places, or that is a ‘qualified historical building’ as defined in the California Historical Building Code.
“Inspector.” A CASp Inspector or a Design Professional approved by the Building Official as qualified to evaluate compliance with disability access requirements.
“Place of Public Accommodation.” As defined in Chapter 2 of the Building Code and 42 USC Section 12181(7) of the Americans with Disabilities Act of 1990, as amended from time to time.
“Primary Entry.” As defined in Chapter 2 of this Code, the principal entrance through which most people enter the building, as designated by the Building Official. If there are multiple commercial tenants or spaces, a building may have multiple Primary Entries.
“Technical Infeasibility.” A Code requirement is Technically Infeasible.
“Unreasonable Hardship.” As defined in Chapter 2 of the Building Code. If the Building Official, or the Access Appeals Commission in any unreasonable hardship determination made under Section 1105D, determines that any of the factors that the Building Code requires to be considered in evaluating an Unreasonable Hardship request are not applicable because the required scope of work is limited to the disability access improvements mandated by this Chapter 11D, the Building Official or Access Appeals Commission may supplement the criteria by considering any applicable factor for determining what is an Undue Hardship or is Readily Achievable in Title III of the Americans with Disabilities Act (42 USC Sections 12181 – 12189) and its implementing regulations.
(Amended by Ord. 102-18, File No. 180323, App. 5/4/2018, Eff. 6/4/2018)
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)
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