Mayor's Office on Disability: Department of Building Inspection - Code Ruling No. 307(d).

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Department of Building Inspection - Code Ruling No. 307(d).94

November 14, 1994

Title
Temporary Certificates of Occupancy (TCO) Related to Completion of Disabled Access
Features

Subject
Access; Occupancy; Access Features

Purpose
The purpose of this Bulletin is to provide that new buildings and remodeled non-
residential buildings are made to be accessible to and usable by persons with physical
disabilities.

Reference(s)
San Francisco Building Code, Section 307(d); California Code of Regulations, Title 24,
Part 2, Section 3103A et seq.

Discussion of Topic
It is the intent of the following interpretation and ruling to provide a standard that
permits BBI District Inspectors to closely monitor and check required dimensions and
installations (related to construction or features for persons with disabilities) while
providing a method of occupancy that is fair and reasonable in the event of minor
omissions or errors.

This ruling shall not be used to allow minor deficiencies to go uncorrected. Irrespective of
the nature and degree of any such deficiencies, they must be corrected prior to issuance
of a Certificate of Final Completion (CFC).

The California Code of Regulations (CCR), Title 24, Part 2 requires each new non-
residential building and some multi-family buildings to be accessible and each remodeled
non-residential building to be at least partially accessible (path of travel, remodeled area,
drinking fountains, public telephones, sanitary facilities and parking) to persons with
disabilities.

Frequently, building projects are sufficiently complete to use and occupy excepting for
relatively minor work items remaining to be accomplished which do not, individually or
collectively, constitute an unsafe condition or a hazard to life or property. The San
Francisco Building Code (SFBC) makes provision for occupancy and issuance of a
Temporary Certificate of Occupancy (TCO) under such conditions. Section 307(d) states:

Temporary Certificates of Occupancy may be issued if the Superintendent finds that no

substantial hazard will result from CODE RULING NO. 307(d).94 November 14, 1994
Occupancy of any building, or portion thereof, before the same is: completed and
satisfactory evidence is submitted that the work could not have been completed prior to
occupancy. The request for such temporary certificate shall be in writing and no
occupancy of the building shall be made until such certificate is issued. Such temporary
certificate shall be valid for a period not to exceed 12 months, unless an extension of

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Mayor's Office on Disability: Department of Building Inspection - Code Ruling No. 307(d).94

time is approved by the Superintendent.

Further, it is in the best economic interests of the City and all conceded to put new
buildings or newly altered buildings into service as soon as possible and usually that
occurs through issuance of a TCO. The SFBC and Title 24 of the CCR are silent in regards
to temporary occupancy where there are accessibility features remaining to be
constructed, installed or modem. It is useful, therefore, to establish a written ruling so
that Bureau personnel will be familiar with the process of evaluation and issuance of a
TCO in such situations.

Interpretation
It is the ruling of the Bureau that buildings must be accessible to and usable by persons
with disabilities prior to approval of a TCO.

On some occasions, exceptions to the ruling may be made provided that all required
functional areas and facilities are accessible and usable. Examples of deviations that
might be permitted for a limited time of 90 days are:
Public telephone(s) not fully complying;
Drinking fountain(s) not fully complying;
Missing directional Signage for the disabled or information missing on building
directory;
Minor obstacles impeding 8"-2" headroom in garage (i.e., relocate a pipe);
Minor adjustments required to elevator controls;
Light switches or HVAC controls at wrong height;
Water closet door hardware on order (handles, lever/latch locking mechanisms,
automatic door closing device);
Shower stalls not complete (missing seat or 60U hand-held hose);
Temporary lavatory installed (complying lavatory is on order);
Door pressure within 2 Ibs; of complying with code with some form of
documentation (this deficiency should be cured within 30 days of TCO issuance).
The Bureau of Building Inspection will issue Temporary Certificates of Occupancy in
accordance with SFBC Section 307(d) and this ruling. Where violations affecting
access/usability are numerous or where corrections can involve extensive reconstruction,
however, the Bureau will not nominally issue an occupancy permit.

As an essential minimum, it is expected that the path of travel into and through the
building, the sanitary facilities serving the new building or remodeled area and drinking
fountains will be essentially complete, accessible to and usable by persons with, physical
disabilities.

TCO"s involving accessibility/usability are limited to 90 days.

Examples of deviations that would normally preclude issuance of a TCO are:

Any required doors in path of travel not complying by size or swing;
Sanitary facilities not accessible or usable;
Path of travel not accessible because of steps, thresholds or other barriers, door
swings, corridor widths, locked doors or lifts, or lack of side strike clearance;
Elevators within the path of travel not equipped with accessible controls;
Stairways within area of remodel not fully complying;
Overhanging hazardous projections.
The above items may be allowed if an appeal has been filed with the Access Appeals
Commission prior to TCO issuance.

When an occupancy permit is sought: under these conditions, an Assistant

Superintendent, Deputy Superintendent, or the Superintendent of the Bureau of Building
Inspection must be consulted and must approve issuance of a TCO. Such issuance shall
be made only on a case-by-case basis.

Distribution
AAB (5) BCM (1) BPA (1) DCP (5)

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Mayor's Office on Disability: Department of Building Inspection - Code Ruling No. 307(d).94

AIA (5) BOA (1) CA (2) PSF (1)

AGC (1) BOE (1) CAO (2) SEAONC(1)
ASHRAE (1) BOMA (2) DAC (1) SPUR (1)

Board of Examiners (9) Housing Construction (1)

Chamber of Commerce (1) Mayor"s Office (1)
Daily Pacific Builder (1) Residential Home Builders (1)
Deputy Director (1) S.F. Board of Realtors (1)
Director (1) Seismic Safety Program (1)

ADMIN (6) CPB (40) HID (20) PSD (40)

BID (40) EID (22) PAD (20) SUPT (2)
CED (2) FIRE (12) PID (15) 3-R (1)
CSD (40)

Nov. 22. 09

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