What to do
You can file an appeal if you are one of the following:
- Project manager
- Project architect
- Project engineer with the approval of the bureau managers
- Private architect
- Developer in contact with the City for projects that MOD reviews
For site reviews, you must file your appeal within 20 business days of receiving the punch list.
For plan reviews, you must file your appeal within 30 business days from the receipt of plan comments.
We do not accept appeals after the project has been advertised for bid.
Steps to file your appeal
1. Write a letter
You must submit an appeal in writing. Write a letter describing the issue you are appealing.
Your letter should include:
- Your project name
- The job order number
- Your name and phone number
- Your project manager's name and phone number
- A map of the area
- Drawings of your project
- Pictures of your project
Submit it to the Director of MOD if they reviewed your project. firstname.lastname@example.org
Submit it to the Director of DPW if they reviewed your project. email@example.com
2. We may contact you for a meeting
The director of the relevant department will choose a panel of 3 people to review the information. The panel will consist of 2 code experts and 1 neutral, but knowledgeable party. If needed, the panel will meet with you and with the ADA Coordinator.
3. Wait for the decision
The panel will issue their recommendation to the director. The director will make the final decision.
Frequently Asked Questions about Appealing a Decision Made by MOD or DPW
The Department of Public Works and the Mayor's Office on Disability are the primary departments responsible for the access review of City projects. On those occasions when architects (or developers) have disagreed with the findings of the ADA Coordinator or compliance Officer making a decision, previously there was no formal process to review the decision or have a neutral body respond. The following is the appeal process that has been created.
A. What types of issues may be appealed?
Federal, State, or Local access code interpretations
B. Who may file an appeal?
Project Managers, Project Architects, and Project Engineers with the approval of the Bureau Managers, Private architects, or developers in contact with the City for projects that DPW or MOD or reviews.
C. When do I need to appeal?
For site inspections, the appeal should be made as soon as possible, but within 20 business days of receiving a correction notice. For plan reviews, an appeal should be filed within 30 business days from the receipt of plan review comments. No appeal will be accepted after the project has been advertised for bid.
Last updated November 3, 2022