Accessible Business Entrance Program
Effective May 22, 2016, the Accessible Business Entrance Program requires any building with a “place of public accommodation” to have primary entrances and entrance routes into the building accessible to people with disabilities.
Ordinance No. 51-16 (Mandatory Disability Access Improvement) was passed by the Board of Supervisors in April 2016 to improve disability access to goods and services at San Francisco businesses and help property owners and businesses better comply with state and federal accessibility laws. Barriers to accessible entrances include steps to entryways, door handles requiring grasping or twisting of the wrist, sloping or narrow doorways and uneven flooring.
As a San Francisco Building Code addition, the Accessible Business Entrance Program is administered by the Department of Building Inspection (DBI) in consultation with the Planning Department for historic preservation, the Department of Public Works (DPW) for sidewalk modifications, the Access Appeals Commission for unreasonable hardship requests and the Office of Small Business for resources and assistance to small businesses.
If you are a business serving members of the public directly, the property owner of the building your business is located in will need to make sure your entrance complies with the new ordinance. Businesses should review the information on this page for guidance on how this could financially affect you.
Is Compliance the Responsibility of the Property Owner or Tenant?
Compliance is ultimately the responsibility of the property owner however, the law does not alter existing lease agreements between property owners and tenants. It is important to know some lease agreements can be written in such a way that explicitly state that property owners can require the business to do the improvement and/or pass the cost of accessibility upgrades to tenants for which this ordinance could trigger.
- Small businesses should review their lease agreements for accessibility and code compliance provisions to protect against unforeseen financial obligations. Businesses should contact legal assistance for help in doing so.
- Please contact our office if your landlord immediately requires you to do the accessible improvements or assume financial responsibility as the tenant. We can help you secure legal assistance. Contact us by phone (415) 554-6134 or email email@example.com.
We are working on mapping the legal nuances of the ordinance for small businesses with respect to local, state and federal accessibility laws. We will update this page with more information soon.
What Types of Businesses are Public Accommodations?
Generally speaking, a place of public accommodation is a business offering goods and services directly to the public in which members of the public enter the establishment. Public accommodations include retail food establishments, restaurants, bars, retail stores, dry-cleaners, hotels, day care centers, gas stations and hair salons.
A place of public accommodation is a facility whose operations affect commerce and fall within at least one of the following 12 categories. Review the ADA Title III Technical Assistance Manual for information about public accommodations.
- Unsure whether your business is a place of public accommodation or exempt?
Use Department of Building Inspection’s Pre-Screening Form as a guide or call the Department of Justice at 1-800-514-0301. Do not submit this form unless you are also the property owner. Only property owners are to submit the Pre-Screening Form to DBI.
There are four exemptions to the ordinance: (1) Newly constructed buildings built on or after 2002; (2) Buildings or businesses owned and operated by religious organizations; (3) “Bona fide” private clubs; and (4) Buildings in which all businesses are not public accommodations.
Compliance Categories and Timeline
For buildings with a place of public accommodation, the property owner must hire a California licensed design professional (Architect or Engineer) or Certified Access Specialist (CASp) to inspect the primary entries and fill out the Category Checklist Compliance Form. The owner must submit the completed form to DBI by the appropriate deadline based on compliance category.
With the exception of Category I, the property owner must apply for required building permit(s) to correct non-compliant elements within 90 days of submitting the checklist and building permit(s) must be obtained within a year of the permit application. As part of the permit process, a plan must be submitted for coming into compliance.
When a property owner is unable to remove barriers due to technically infeasibility or unreasonable hardship, an application and narrative justifying the request can be submitted to DBI and the Access Appeals Commission. In those cases, an alternate method of providing goods and services to persons with disabilities is required.
Visit the Department of Building Inspection’s Accessible Business Entrance Program webpage for information about the ordinance, steps to compliance and resources for property owners and tenants. DBI’s Information Sheet DA-17 provides an overview of the ordinance and required forms for compliance. Property owners should contact DBI directly for questions:
Department of Building Inspection
1660 Mission Street, 1st Floor, Visit Window #8
Disability Access and Your Small Business
Remember, although this ordinance is the responsibility of the property owner to ensure the entryway is accessible, ADA accessibility is a shared responsibility between the property owner and tenant. Small businesses can go a long way toward minimizing risk and limiting exposure to lawsuits by taking proactive steps to assess the inside of their business for barriers. Businesses should create a roadmap to accessibility starting with consulting a CASp inspector and remediating any areas of non-compliance. The worst thing for a business to do is nothing. Don’t let yourself be blindsided by a lawsuit. The majority of people who sue for ADA non-compliance are serial litigants and drive-by lawsuits who generally sue for readily achievable upgrades.
Visit our dedicated ADA Resources page for resources to bring your business into compliance with ADA laws, including tips to selecting a CASp inspector and our list of CASp inspectors serving San Francisco businesses.
San Francisco Office of Small Business
City Hall, Suite 110
1. Dr. Carlton B. Goodlett Place
San Francisco, CA 94102
Phone: (415) 554-6134