7-0-10 Permit Requirement for Accessibility Violations

To provide guidelines for verifying compliance of accessibility violations.

1. A. Permit Sonoma has a responsibility to enforce accessibility compliance according to State regulations. Policy 7-0-9 Accessibility Complaint Processing outlines the procedure for processing and enforcing non-compliant features. This policy establishes permit requirements for noticed accessibility violations.
2. State accessibility regulations are specified in Chapters 11A and 11B of the California Building Code. Contained within these regulations are many components that clearly require building permits and some components that would not normally require permits. Some examples of items that would not normally require building permits are repainting stripes on existing parking lots, replacing interior customer counters, or replacing door hardware. Although these items may not require permits if installed or altered, they are required to be in compliance with the code in effect at the time of installation or alteration.
3. Accessibility violations identified per Permit Sonoma Policy 7-0-9 Accessibility Complaint Processing will be abated by issuance of an appropriate permit and final Permit Sonoma approval of the work.

California Code of Regulations, Title 24, Part II Volume 1, Chapter 11

Permits will be required to address all non-compliant features identified as accessibility violations. Grading permits may be required to address site and grading issues. Mechanical, electrical, plumbing, or building permits will be required to address all other accessibility issues.

All accessibility compliance permits shall be issued as Building (BLD) permits with plans required. If non-compliant features are limited to toilet paper dispensers, lavatory faucets, or door hardware, Plan Check may approve those permits with a standard detail features attached to the permit in lieu of plans. If a standard detail feature is approved, the detail shall be stamped and signed for field inspection use.

At minimum, accessibility compliance permits shall be issued for one hour inspection time for the minimum plumbing, mechanical, or electrical permit. Accessibility compliance permits should be issued on a cost recovery price basis and reviewed by the plan checker for the scope of work depicted on the approved drawings.

Regarding the imposition of civil penalties, accessibility compliance permits shall be treated as sub-standard housing violations. Investigation fees will be imposed on all accessibility compliance permits. If a complete application is submitted within 30 days of sending a violation notice, civil penalties shall not be imposed. Civil penalties may be imposed if an application is not submitted within 30 days or the work is not completed before the permit expiration date as determined by the Code Enforcement Officer or as contained in an approved BPC-067 Letter of Intent for Accessibility Compliance (PDF). The 30-day submittal date may be extended to accommodate the schedule of a licensed professional engineer or architect.

Inspections are required. Clients shall be instructed to request an accessibility compliance final
inspection once the work is complete and/or obtain the applicable rough-in inspections (as needed)
prior to final approval of the work.

Approved By: Tennis Wick, Director
Reviewed By Department Manager:  Tyra Harrington, Code Enforcement Manager
Reviewed By County Counsel:  Debbie Latham, Chief Deputy County Counsel
Lead Author:  Mark Franceschi, Code Enforcement Supervisor