105A.3 Access Appeals Commission.

105A.3 Access Appeals Commission.

105A.3.1 Establishment; composition; purpose. Pursuant to the provisions of Section 19957.5 of the Health and Safety Code of the State of California, there is hereby established an Appeals Board to be known as the Access Appeals Commission composed of five members to hear written appeals brought by any person regarding action taken by the Department in the enforcement of the requirements of Part 5.5 (commencing with Section 19955), Division 13 of the Health and Safety Code of the State of California, including the exceptions contained in Section 19957 thereof, as well as action taken by the Department in the enforcement of the disabled access and adaptability provisions of this code.

105A.3.2 Appointments; qualifications; terms; vacancies; compensation. Members of the Access Appeals Commission shall be qualified and appointed as follows:

1. Two members of the Access Appeals Commission shall be persons with a physical disability, two members shall be experienced in construction, and one member shall be a public member. All shall be appointed by the Building Inspection Commission and serve at its pleasure. The terms shall be staggered and the term of each member shall be four years. Members shall continue in office until the expiration of his or her term and until his or her successor is appointed and qualified.

2. Upon a vacancy occurring in the membership of the Access Appeals Commission and upon the expiration in the term of office of any member, a successor shall be appointed by the Building Inspection Commission. When a vacancy occurs for any reason other than the expiration of a term of office, the appointee to fill such vacancy shall hold office for the unexpired term of his or her predecessor. The members of the Access Appeals Commission shall be reimbursed at $125 per meeting attended. The Building Official or his or her designated representative shall act as Secretary of the Access Appeals Commission, without vote and without additional compensation. The Department shall provide necessary staff service to the Access Appeals Commission.

105A.3.3 Powers and duties; finality. The Access Appeals Commission shall conduct hearings on written appeals made under Section 105A.3.4 hereof. In hearing such appeals, the Access Appeals Commission may approve or disapprove the Department’s interpretations of Part 5.5, Division 13 of the Health and Safety Code of the State of California and of the disability access and adaptability requirements of this code and actions taken by the Department to enforce said requirements and abate violations. The Commission shall also make determinations on equivalent facilitation,

technical infeasibility, unreasonable hardship, and extensions of time [ 1] All such approvals or disapprovals shall be final and conclusive as to the Department, in the absence of fraud or prejudicial abuse of discretion. See Section 110A, Table 1A-K – Penalties, Hearings, Code Enforcement Assessments – for applicable fee.

(Amended by Ord. 22-25, File No. 240982, App. 3/7/2025, Eff. 4/7/2025)

CODIFICATION NOTE

1. So in Ord. 22-25.

105A.3.4 Form of appeal – action on. All appeals to the Access Appeals Commission shall be made in writing and shall be filed with the Secretary of the Access Appeals Commission. The Access Appeals Commission shall act upon each appeal without unreasonable or unnecessary delay.

105A.3.4.1 Rehearings. The Access Appeals Commission may rehear an appeal upon which a decision has been rendered upon motion of a member of the Access Appeals Commission and upon the affirmative vote of at least three of its members, provided that a request for a rehearing has been made in writing within 10 days of the date of the decision. See Section 110A, Table 1A-K – Penalties, Hearings, Code Enforcement Assessments – for applicable fee.

105A.3.5 Procedure. The Access Appeals Commission shall establish reasonable rules and regulations for its own procedure not inconsistent with the provisions of this code and the Charter of the City and County of San Francisco. The Access Appeals Commission, by a majority vote, shall choose its officers, other than the Secretary.

105A.3.6 Meetings. Meetings of the Access Appeals Commission shall be at such times as the Access Appeals Commission may determine. All meetings of the Access Appeals Commission shall be public meetings.

105A.3.7 Agenda and record. The Access Appeals Commission shall arrange for the maintenance of a record of its agenda, actions and recommendations which shall be available to the public upon request for the cost of reproduction.

105A.3.8 Decisions by resolution. Every decision and recommendation of the Access Appeals Commission shall be by resolution, which shall be retained as part of the Access Appeals Commission’s official records. A copy shall be mailed to the appellant.

105A.3.9 Waiver of fee. An exemption from paying the Access Appeals Commission Filing Fees specified in Section 110A, Table 1A-K – Penalties, Hearings, Code Enforcement Assessments – may be granted upon the appellant’s filing with the Department a declaration of indigency under penalty of perjury. The declaration shall be made on a form provided by the Department and shall be accompanied by such documentary proof as the Building Official shall require.

105A.3.10 Notice to Mayor’s Office of Disability. Materials for each matter to be decided by the Commission shall be sent to the Mayor’s Office of Disability, together with a copy of the meeting agenda, at the same time and in the same manner as the materials and agenda are provided to members of the Commission.