SF Permits MCP Server

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City and County of San Francisco Mark Farrell, Mayor
Department of Building Inspection Tom C. Hui, S.E., C.B.O., Director
INFORMATION SHEET
NO. DA-12
DATE : May 25, 2018
CATEGORY : Disabled Access
SUBJECT : Path of Travel obligations for Seismic Mitigation Projects in Mixed Use
Buildings.
SECTIONS
INVOLVED : California Building Code (CBC) Sections:
Section 1.8.2.1.2 Housing Accessibility (HCD 1-AC)
Section 1.9.1.2 Application (DSA AC)
Section 202 Definitions:
Common Use, Common Use Areas
Path of Travel, Public Building or Facility
Section 1102A.1 Where required (Multi-family Dwelling)
Section11B-202.4 Path of travel requirements in alterations, additions and
structural repairs
Division of the State Architect Advisory Manual Advisory 11B-202.3
San Francisco Ordinance #66-13 Mandatory Seismic Retrofit Program
INTENT : To clarify the forms and requirements for upgrading the Path of Travel elements
for mixed use buildings undergoing seismic mitigation
DISCUSSION :
In 2013, the City of San Francisco passed the “Soft Story” Ordinance (Ordinance #66-13) which requires
that wood frame buildings three (3) or more stories or two (2) stories over a basement or under floor area
that has any portion extending above grade, with five (5) or more residential dwelling units perform certain
mandated seismic upgrades. This Ordinance includes mixed use buildings for both residential and
commercial units.
Additionally, a number of mixed use buildings are required to perform seismic upgrades under a number of
sections located in the San Francisco Building Code Chapter 34. Still others have undergone seismic
upgrades solely on a voluntary basis.
The California Division of the State Architects Advisory Manual, Advisory Number 11B-202.3 references
Legal Opinion No. 94-1109 dated May 10, 1995 in which the State Attorney General concluded that seismic
strengthening work in an existing building constitutes a “building alteration, structural repair or addition” for
Technical Services Division
1660 Mission Street – San Francisco CA 94103
Office (415) 558-6205 – FAX (415) 558-6401 – www.sfdbi.org

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INFORMATION SHEET DA-12
purposes of providing access to the building for persons with disabilities. In existing buildings or facilities, if
seismic strengthening or upgrade work does not affect the primary use or function of the building or facility
and/or does not alter the design of specific rooms or spaces, then the requirement for an accessible path of
travel to the area of specific alteration does not apply. However, an accessible primary entrance, toilet and
bathing facilities, drinking fountains, signs and public telephones, as well as an accessible route connecting
these elements must be provided.
In existing buildings or facilities, when the primary use or function of the building or facility and/or design of
specific rooms or spaces are altered, the seismic strengthening or upgrade work must comply with all
applicable accessibility regulations for new construction. In addition, an accessible primary entrance to the
building or facility and path of travel to the specific area of alteration, including toilet and bathing facilities,
drinking fountains, signs, and public telephones serving the area must be provided.
When applying this to the seismic upgrading of a mixed use building, a number of questions arise; including
how to define the area of alteration, if Section 11B-202.4 applies to the residential occupancy portion of the
building; and how to determine the “adjusted cost of construction.”
In answering these questions, there are a number of factors that need to be addressed, not the least of
which is the fact that the requirement for path of travel upgrades in Chapter 11B can only be attributed to
that portion of the building that fall under the scoping of Chapter 11B.
The scoping for Chapter 11B is contained in Section 1.9.1.2 of the CBC and it includes all privately funded
public accommodations and commercial facilities. It also applies to transient lodging such as hotels and
motels, but this Chapter does not govern privately funded apartment buildings. Privately funded apartments,
along with a few similar residential uses built for first occupancy after March 13, 1991 fall under the
jurisdiction of the Department of Housing and Community Development and Chapter 11A of the CBC.
Chapter 11A has no path of travel upgrade requirements for alterations to existing buildings. The remainder
of existing residential buildings not covered by Chapters 11A or 11B are basically exempt from all
accessibility requirements.
Thus, the obligation to upgrade the path of travel cannot be applied to the residential portion of a building
that is not governed by Chapter 11B. It would only apply to privately funded public accommodations,
commercial occupancies and transient lodgings. Therefore in a mixed use building, only that portion of the
building that is covered by Chapter 11B, i.e. commercial, would have path of travel upgrade obligations.
The Department recognizes that a seismic retrofit benefits the entire building, not just the area where the
actual work is performed. Therefore, any evaluation of cost should be applied to the entire building and not
only to an isolated section. Based upon this, the “adjusted cost of construction” should be determined by
calculating the percentage of gross floor area that is “commercial” and using that percentage of the total
project cost as the “adjusted cost of construction”.
For example:
A four (4) story building with the 1st floor completely commercial and the top three floor residential
apartments has a mitigation project with a total cost of $200,000. The floor area subject to the path of travel
upgrades would be confined to the 1st floor only, thus 25% of the total floor area. Taking 25% off of $200,000
you would have $50,000 as your adjusted construction cost. The owner would be liable to make upgrades
to the path of travel totaling 20% of the adjusted construction cost of $50,000. The owner would have to
make $10,000 in upgrades.
Another example would be a five (5) story building with 50% of the 1st floor area commercial; the remainder,
residential. The mitigation project total cost would be $150,000. The total floor area subject to Chapter 11B
would be 10%; thus the adjusted construction cost would be $15,000 (10% of $150,000). The owner would
be liable to perform $3,000 in upgrades (20% of $15,000).
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INFORMATION SHEET DA-12
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INFORMATION SHEET DA-12 Example 1
D.A. CHECKLIST (p. 1 of 2): The address of the project is :____1660 Mission Street__________
For ALL tenant improvement projects in commercial use spaces, both pages of this checklist are required to be
reproduced on the plan set and signed.
1. The proposed use of the project is _Office / Residential ______________ (e.g. Retail, Office,
Restaurant, etc.)
2. Describe the area of remodel, including which floor: ___Seismic Upgrade Entire Building_________
3. The construction cost of this project excluding disabled access upgrades to the path of travel is _25%
of $200,000=$50,000_, which is ; (check one)  more than /  less than the 2015 Accessibility
Threshold amount of $147,863.00 (updated annually by the California Division of the State
Architect)).
4. Is this a City project and/or does it receive any form of public funding? Check one:  Yes /  No
Note: If Yes, then see Step 3 on the Instructions page of the Disabled Access Upgrade Compliance
Checklist package for additional forms required.
Conditions below must be fully documented by accompanying drawings
5. Read A through D below carefully and check the most applicable boxes. Check one box only:
 A: All existing conditions serving the area of remodel fully comply with access
requirements. No further upgrades are required:
Fill out page 2 of D.A. Checklist
 B: Project Adjusted cost of construction is greater than the current valuation threshold:
Fill out and attach page 2 of D.A. Checklist and any other required forms to plans
 C: Project adjusted cost of construction is less than or equal to the current valuation
threshold:
List items that will be upgraded on Form C. All other items shall be checked on page
2 of the D.A. Checklist in the “Not required by code” column.
 D: Proposed project consists entirely of Barrier removal:
Fill out and attach Barrier removal form to Plans
 E: Proposed project is minor revision to previously approved permit drawings only.
(Note: This shall NOT be used for new or additional work) Provide previously
approved permit application here: _______________________________. Description
of revision:
_____________________________________________________________________
_
CBC chapter 2 section 202 Definitions:
Technically Infeasible. An alteration of a building or a facility, that has little likelihood of being
accomplished because the existing structural conditions require the removal or alteration of a load-
bearing member that is an essential part of the structural frame, or because other existing physical or site
constraints prohibit modification or addition of elements, spaces or features that are in full and strict
compliance with the minimum requirements for new construction and which are necessary to provide
accessibility.
Unreasonable Hardship. When the enforcing agency finds that compliance with the building standard
would make the specific work of the project affected by the building standard infeasible, based on an
overall evaluation of the following factors:
1. The cost of providing access.
2. The cost of all construction contemplated.
3. The impact of proposed improvements on financial feasibility of the project.
4. The nature of the accessibility which would be gained or lost.
5. The nature of the use of the facility under construction and its availability to persons with disabilities

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INFORMATION SHEET DA-12 Example 1 Con’t
1. No additional forms required
2. Fill out Request for an Unreasonable Hardship form for each item checked and attach to plan. All UHR must
be ratified by the Access Appeals Commission (see UHR form for details)
Form C: DISABLED ACCESS 20% RULE
This form is only required for projects equal to or under the valuation threshold when box “C” is checked
off on the D.A. Checklist and is for providing an itemized list of the estimated costs for the expenditures
used for disabled access upgrades for this project. Reproduce this form along with the D.A. Checklist and
any required form(s) on the plans.
Based on CBC Section 11B-202.4 Exception 8, only projects with a construction cost less than or equal to
the valuation threshold are eligible for the 20% rule. In choosing which accessible elements to provide,
priority should be as listed on p. 2 of the D.A. Checklist.
In general, projects valued over the threshold are not eligible for the 20% rule (see CBC 11B-202.4
Exceptions1 through 8 for other exceptions).
CBC Section11B-202.4, Exception 9 (abbreviated): In alteration projects involving buildings & facilities previously
approved & built without elevators, areas above & below the ground floor are subject to the 20% disproportionality
provisions described in Exception 8, even if the value of the project exceeds the valuation threshold in Exception 8.
Refer to the Code for the types of buildings & facilities that qualifies for this 20% disproportionality provisions when
project valuation is over the threshold.
Contractor’s
Estimated Cost DBI Revised Cost
A) Cost of Construction:
(Excluding Alterations to the Path of Travel as $ $50,000 $
required by 11B-202.4)
B) 20% of A) : $ 10,000 $
List the Upgrade Expenditures and their respective construction cost below:
1. Install Ramp at Front Door $ 7,500 $
2.Enlarge Toilet Compartment $ 1,500 $
3.Install Grab Bars $ 500 $
4.Install signs $ 475 $
5. $ $
6. $ $
7. $ $
8. $ $
9. $ $
Total Upgrade Expenditures
$9,975* $
Should be approximately equal to, but not to
exceed, Line B
Note: Value may be less than 20% if the next least expensive upgrade will exceed 20%