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Conventions Legend for the California Standards for Accessible Design Pocket Guide
Font Convention Meaning Black Text
Used for text taken from CBC.
Black Text, Italicized
Used by CBC to identify departures from IBC and/or 2010 ADAS.
Black Text, Underlined
Used at proposed CBC revisions by DSA-AC and/or HCD to identify text that has been added to the original wording.
Green Text
Used for text taken from ADA, prefaced by [2010 ADAS], [ADA Title II], [ADA Title III], [ADA Titles II & III] or [1991 ADAAG] to narrow the source.
_|Dark Red Text|_
Used for Editor's insertions or comments. Where these insertions occur within text taken from CBC or ADA, bookends are included, in this format: _|Editor's Insertion|_.
Dark Red Text within double-outlined BoxUsed for explanatory or cautionary ETA Editor's Notes. When text taken from CBC or ADA is included in these boxes, the aforementioned text color/style conventions are used.
Blue Text, Underlined
Used for hyperlinks. In the Table of Contents and Index of Figures, the underlines are omitted, for improved readability.
Black Text within single-outlined Box with light turquoise shadingUsed for DSA Advisories.
‡‡
Used at CBC Figures to signify those that illustrate requirements more stringent than 2010 ADAS.
Green Text within single-outlined Box with light tan shadingUsed for ADA Advisories, either from the U.S. Access Board or the U.S. Department of Justice (DOJ).
[S.H. Section Number]
Used for Safe Harbor hyperlinks.
[F]
Used to indicate sections that are adopted by the CBC and also in the California Fire Code. Safe Harbors
When DOJ adopted the 2004 ADAAG in 2010, it recognized that many business owners and governmental entities had already invested considerable time, effort and money to achieve compliance with 1991 ADAAG, and saw fit to include a Safe Harbor provision in the 2010 ADAS, as follows (yellow highlights added by ETA):
[ADA Title III] Appendix to §36.304(d) _|for Public Accommodations and Commercial Facilities; similar for Title II, State and Local Government Facilities|_
Compliance Dates and Applicable Standards for Barrier Removal and Safe Harbor
Date
Requirement
Applicable Standards
Before March 15, 2012
Elements that do not comply with the requirements for those elements in the 1991 Standards must be modified to the extent readily achievable.
Note: Noncomplying newly constructed and altered elements may also be subject to the requirements of § 36.406(a)(5).
1991 Standards or 2010 Standards.
On or after March 15, 2012
Elements that do not comply with the requirements for those elements in the 1991 Standards or that do not comply with the supplemental requirements (i.e., elements for which there are neither technical nor scoping specifications in the 1991 Standards), must be modified to the extent readily achievable. There is an exception for existing pools, wading pools, and spas built before March 15, 2012 [See § 36.304(g)(5)]
Note: Noncomplying newly constructed and altered elements may also be subject to the requirements of § 36.406(a)(5).2010 Standards.
On or after January 31, 2013
For existing pools, wading pools, and spas built before March 15, 2012, elements that do not comply with the supplemental requirements for entry to pools, wading pools, and spas must be modified to the extent readily achievable [See § 36.304(g)(5)]
Sections 242 and 1009 of the 2010 Standards.
Elements not altered after March 15, 2012
Elements that comply with the requirements for those elements in the 1991 Standards do not need to be modified
Safe Harbor.
As indicated in the title of this table, the Safe Harbor provision applies only to barrier removals, not to new construction. New construction must comply with 2010 ADAS, as of March 15, 2012.
The term "Safe Harbor" does not appear in 2013 CBC, but a similar provision is included in Exception 2 at Section 11B-202.4, excerpted here:
11B-202.4 Path of travel requirements in alterations, additions and structural repairs. When alterations or additions are made to existing buildings or facilities, an accessible path of travel to the specific area of alteration or addition shall be provided. The primary accessible path of travel shall include:
1. A primary entrance to the building or facility,
2. Toilet and bathing facilities serving the area,
3. Drinking fountains serving the area,
4. Public telephones serving the area, and
5. Signs.
Exceptions:
1. …
2. If the following elements of a path of travel have been constructed or altered in compliance with the accessibility requirements of the immediately preceding edition of the California Building Code, it shall not be required to retrofit such elements to reflect the incremental changes in this code solely because of an alteration to an area served by those elements of the path of travel:
1. A primary entrance to the building or facility,
2. Toilet and bathing facilities serving the area,
3. Drinking fountains serving the area,
4. Public telephones serving the area, and
5. Signs.
3-10. …
The scope of this "Safe Harbor" provision is far more limited than that of 2010 ADAS, and it is important to note that, if the wording is unchanged when the 2016 CBC becomes applicable, "the immediately preceding edition of the California Building Code" will refer to 2013 CBC, updated from 2010 CBC. This could have an extremely significant impact at accessible water closets, because the side clearance requirement from an adjacent lavatory was increased by approximately 7 inches from the 2010 CBC to the 2013 CBC, and Item 2 of 11B-202.4 above specifies that toilet and bathing facilities are included in the path of travel requirements to remove existing barriers (also included under ADA, but this condition is Safe Harbored, if compliant with 1991 ADAAG).
For consistency and clarity, ETA has chosen to use the term "Safe Harbor" in this Pocket Guide to refer to items that may qualify for 2013 CBC Section 11B-202.4, Exception 2. We have identified more than three dozen of these, included the relevant requirements from 2010 CBC at the end of the book, and provided hyperlinks from the 2013 CBC requirement to the applicable "Safe Harbor" prescription, as well as a hyperlink to return easily to the original requirement. These are identifiable in the text as follows: [S.H. Section or Subsection Number; additional comment or qualification, as deemed beneficial].
As there are currently still some uncertainties about how to interpret and apply the Safe Harbor provisions, ETA has set up a dedicated website at http://www.adasafeharbor.com/ to provide additional information on the topic. You may also register online at http://www.etapocketguides.com/ to be notified when you can purchase updated versions of this Pocket Guide at a discount that will include additional clarifications of the Safe Harbor provisions as they become available.
