Monday, May 14, 2018

UPDATE: San Francisco's Accessible Business Entrance Program Educational Workshop on May 16th - Compliance Deadlines Extended

BOMA San Francisco Members:

Please join the Department of Building Inspection (DBI) in partnership with Office of Small Business, SF Planning, SF Public Works, Mayor’s Office on Disability and Access Appeals Commission for an afternoon event on the Accessible Business Entrance Program (ABE), the city’s new accessibility ordinance.

Following two recent sold-out workshops on the ABE, this event will offer attendees an opportunity to engage with key representatives from the city’s interagency group, obtain program materials and learn about accessibility resources. A resource fair will be held, followed by a two-hour workshop with topics to be covered: program overview; step-by-step review on completing the Pre-Screening and Category Compliance Checklist forms and the permitting process.

Register to save your spot at this informative event and to be notified of the day of event schedule.


 May 16, 2018
1:30 p.m.– 4:00 p.m. 


SF Main Library - Koret Auditorium
100 Larkin Street
San Francisco, CA 94102

About the Accessible Business Entrance Program

The Accessible Business Entrance Program helps property owners comply with existing state and federal disability access laws and helps people with disabilities gain greater access to goods and services offered by businesses in San Francisco. For more information, please visit


UPDATE - March 24, 2018

BOMA San Francisco members,

Here is an opportunity to learn about this new program and how building owners can comply.

In 2016, a law was passed requiring building and business owners to make all primary entrances from the public way accessible for people with disabilities: The Accessible Business Entrance Program. The Program helps people with disabilities gain greater access to goods and services offered by businesses and helps businesses better comply with existing State and Federal accessibility

If your building has a business that serves the public, this new law may apply to you. The first compliance deadline is May 23, 2018.

The San Francisco Department of Building Inspection, in partnership with the Office of Small Business, SF Planning, Public Works, Mayor's Office on Disability and Access Appeals Commission are hosting educational workshops to help building owners understand the requirements of the Program.


UPDATE - February 8, 2018

The Accessible Business Entrance program helps property owners comply with state and federal accessibility laws and helps people with disabilities gain greater access to goods and services offered by businesses in San Francisco. Passed by the Board of Supervisors in 2016 (Ordinance No. 51-16), the ordinance requires that existing buildings with a place of public accommodation have all primary entrances accessible for people with disabilities. 

Under state and federal law, a place of public accommodation is generally a business where the public will enter a building to obtain goods and services, such as banks, day care centers, hotels, offices, restaurants, retail stores, et cetera. 

Click here to review the details and compliance deadlines.

BOMA San Francisco's Codes and Regulations Committee will be holding a meeting with San Francisco Department of Building Inspection staff on February 28th at 12 Noon to discuss the requirements. Please email John Bozeman, BOMA San Francisco's Director of Government and Industry Affairs if you'd like to attend at


Compliance with this ordinance is ultimately the responsibility of the property owner. The ordinance is an addition to the San Francisco Building Code and the code only recognizes the owner of the structure. The ordinance, however, does state that it is not intended to interfere with any existing lease agreements between tenant and owner. If the owner has an existing agreement that the tenant shall pay for any accessible upgrades required, the ordinance does not nullify such agreements. It should be clarified, however, that the Department ultimately holds the property owner responsible for compliance.

If the tenant is determined to be responsible, the Department will ask the owner to consider that it may be to his or her advantage to assist in the cost of any remedial work because this ordinance may not have been foreseen by the tenant or owner when the lease agreement was signed.

NOTE: If the owner or tenant claimed and received an Unreasonable Hardship due to excessive cost, the determination of the Access Appeals Commission may include restrictions on the property that may affect what type of businesses are allowed to lease this property in the future without repairing the barriers to access.


UPDATE - September 29, 2017

Here are two important items to review regarding this ordinance that BOMA San Francisco members worked on with Supervisor Katy Tang in 2015 and 2016.
  • San Francisco Department of Building Inspection (SFDBI) is the agency responsible for writing the guidelines regarding implementing this ordinance. The measure is detailed below or you can review the law by clicking hereAccording to SFDBI staff, draft guidelines are still in development. We'll alert you when that document is available. 
  • Supervisor Tang has introduced a companion measure that would extend the compliance time frame for existing buildings owners.
    • The time within which the owner of an existing building with a place of public accommodation has to comply with the mandatory disability access requirements as prescribed in the original ordinance for the primary entrance and path of travel into the building will be extended by one year. Also extended by one year is the time for the Department of Building Inspection to submit a written report to the Board and the six-year limitation on granting extensions of time to comply.
    • Please click here to review the ordinance and email BOMA San Francisco's Director of Government and Industry Affairs, John Bozeman at if you have any questions. 


Original Post - October 2, 2015

BOMA members have been monitoring legislation introduced by Supervisor Katy TangMandatory Disability Access Improvements.

This ordinance, if passed, would relieve tenants of any responsibility for accessibility improvements or documentation establishing a technically infeasible situation or unreasonable hardship and place it squarely on the building owners.

Additionally, this legislation would establish a Disability Access Compliance Unit within the San Francisco Department of Building Inspection (SFDBI) to monitor this program, set fees to administer it, provide guidance and advice on specific situations, as well as issue determinations of technical infeasibility or unreasonable hardship.

Click here for the legislative digest.

Our Government Affairs Policy Analysis Committee (GAPAC) recently met with Supervisor Tang and here are the concerns our members have regarding the measure, as proposed:
  • San Francisco Department of Building Inspection (SFDBI) Staffing
    • Ordinance compliance by SFDBI might be an issue due to workflow demand increase if this measure were to pass.
      • How can building owners be assured that the turnaround time will be a fast one?
  • Lease Negotiation
    • Our members are concerned that allowing SFDBI to be the arbiter of ADA issues in private buildings will impede the lease negotiation process. 
    • This was also an issue in 2013 when we worked with then Supervisor David Chiu on his ADA legislation:
      • Note that the same suggestions our members had in 2013, below, apply to this proposal:
        • Education 
          • Commercial property owners provide an Americans with Disabilities Act (ADA) disclosure to tenants/potential tenants to help educate them on the requirements of the ADA implications of non-compliance.
        • Compliance 
          • Allow a commercial property owner/tenant MORE time to correct primary entries/path of travel to ADA specific requirements in a tenant space. That is, set a due date for absolute compliance sometime farther into the future (e.g., 5-10 years) with a requirement to update primary entries/path of travel before the due date if new tenant occupies the space. 
            • This suggestion was based on the San Francisco High Rise Sprinkler Ordinance passed in 1993 that had similar requirements for compliance with regard to sprinklers in high-rise buildings. 
        • Lease Negotiation Process 
          • Commercial property owners need to have the ability to negotiate the costs associated with any tenant improvement with the tenant. This includes any costs associated with ADA compliance. 
  • Building Owner is Fully Responsible for ADA Repairs 
    • From our GAPAC meeting, it’s clear this is a major source of contention with our small building owners. 
    • As mentioned above, our members need to have the leeway to negotiate who pays for the tenant improvement. 
    • Perhaps any mention of the owner paying for upgrades can be amended to include owner and/or lessee. 
  • Technical Infeasibility 
    • Readily achievable should be the term used - in other words, easily accomplished and able to be carried out without much difficulty or expense for the tenant/owner. 
  • Post 2002 Building Exemption(Pg. 6; lines 11-15 – Chapter 11D; Sec. 1101D) 
    • Building owner/owners authorized agent must provide a written notice of exemption that provides a construction permit application dates on or after January 1, 2002. 
    • SFDBI should already have this information on file. 
As always, our members are appreciative of Supervisor Tang's early outreach to BOMA regarding this ordinance, and look forward to the continued discussion.

If you have concerns about this measure please email John M. Bozeman, BOMA San Francisco's Director of Government and Industry Affairs, at

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