2013 California Standards for Accessible Design Pocket Guide

Advisory 1.9.1 General.  Temporary facilities and emergency construction are both required to comply with the CBC regulations for accessibility. See CA Gov. Code §4451(e).

In addition, to incorporate standards at least as restrictive as those required by the federal government for barrier-free design under (1) Title III (Public Accommodations and Commercial Facilities), Subpart D (New Construction and Alteration)  (see 28 C.F.R., Part 36), and (2) Title II (Public Entities), Section 35.151 (New Construction and Alterations) (see 28 C.F.R., Part 35) both from the Americans with Disabilities Act of 1990, 2004 Americans with Disabilities Act Accessibility Guidelines, as adopted by the US Department of Justice (see 36 C.F.R. Part 1191, Appendices B and D), and  (3) under the Fair Housing Amendments Act of 1988. Some of these regulations may be more stringent than state law in order to meet the federal requirement.

1.9.1.1 Application.  See Government Code commencing with Section 4450.

Publicly funded buildings, structures, sidewalks, curbs and related facilities shall be accessible to and usable by persons with disabilities as follows:

Advisory 1.9.1.1 Application.  Not only does publicly funded mean state funds, but it also means county funds, municipal funds or the funds of any political subdivision of the state.  When public funds are provided by other sources and transferred to a state, county, municipality or other political subdivision of the state, the entity that collects and controls the distribution of the public funds becomes the funding source, and subject to the requirements of this section.

1.9.1.1.1  All buildings, structures, sidewalks, curbs and related facilities constructed in the state by the use of state, county or municipal funds, or the funds of any political subdivision of the state

1.9.1.1.2  All buildings, structures and facilities that are leased, rented, contracted, sublet or hired by any municipal, county, or state division of government, or by a special district.

Advisory 1.9.1.1.2.  Leases per se, unless alterations occur, do not directly “trigger” construction code requirements. The lessee of public accommodations should be aware that readily achievable barrier removal is an ongoing obligation under the ADA and may require physical alterations to the building or facility in compliance with the accessibility provisions in the building code. For public entities, leasing should be focused on selecting accessible sites, buildings and facilities. The Department of General Services requires newly leased facilities, and lease renewals, to be accessible by first surveying the facility for code compliance and then making necessary corrections where public programs are provided and in employee common-use areas, restrooms, break rooms, parking, etc.

1.9.1.1.3  All publicly funded buildings used for congregate residences or for one- or two-family dwelling unit purposes shall conform to the provisions applicable to living accommodations.

1.9.1.1.4  All existing publicly funded buildings and facilities when alterations, structural repairs or additions are made to such buildings or facilities. For detailed requirements on existing buildings, see Chapter 11B, Division 2, Section 11B-202.

1.9.1.1.5  With respect to buildings, structures, sidewalks, curbs and related facilities not requiring a building permit, building standards published in the California Building Standards Code relating to access for persons with disabilities and other regulations adopted pursuant to Government Code Section 4450, and in effect at the time construction is commenced, shall be applicable.

Advisory 1.9.1.1.5.  Some construction such as parking lot resurfacing, re-striping parking stalls, sidewalk repair and cabinet installations do not always require building permits. In such cases, the code in place on the date of any construction would be the effective code for such work.

1.9.1.2  Application. See Health and Safety Code commencing with Section 19952.

All privately funded public accommodations, as defined and commercial facilities, as defined, shall be accessible to persons with disabilities as follows:

Exception:  Certain types of privately funded multistory buildings do not require installation of an elevator to provide access above and below the first floor. See Chapter 11B

1.9.1.2.1  Any building, structure, facility, complex or improved area, or portions thereof, which are used by the general public.

Advisory 1.9.1.2.1.  The term "used by the general public" is frequently misinterpreted to mean only facilities which are publicly owned. However, the term actually means facilities made available to the public, and often includes privately owned buildings and facilities.

1.9.1.2.2  Any sanitary facilities which are made available for the public, clients or employees in such accommodations or facilities.

1.9.1.2.3  Any curb or sidewalk intended for public use that is constructed in this state with private funds.

1.9.1.2.4  All existing privately funded public accommodations when alterations, structural repairs or additions are made to such public accommodations as set forth under Chapter 11B.

1.9.1.3 Application ─ Public housing and private housing available for public use. See Government Code Sections 4450 and 12955.1(c).

1.9.1.4 Enforcing agency.

Advisory 1.9.1.4 Enforcing agency.  State and local enforcement levels of government could have overlapping jurisdiction under Title 24. For accessibility, in State-funded tenant improvements to State-leased facilities, the local jurisdiction must be aware of DGS’ jurisdictional authority and DSA’s jurisdictional approvals necessary for State-funded construction. See commentary, Section 1.9.1.4.1.◼

1.9.1.4.1  The director of the Department of General Services where state funds are utilized for any project or where funds of counties, municipalities or other political subdivisions are utilized for the construction of elementary, secondary or community college projects.

Advisory 1.9.1.4.1.  CA Gov. Code §4453(a) vests enforcement authority to the Director of the Department of General Services (generally delegated to the Division of the State Architect) where state funds are utilized for any project or where funds of counties, municipalities, or other political subdivisions are utilized for the construction of elementary, secondary, or community college projects.◼

1.9.1.4.2  The governing bodies where funds of counties, municipalities or other political subdivisions are utilized except as otherwise provided above.

Advisory 1.9.1.4.2.  CA Gov. Code §4453(b) vests enforcement authority to the governing bodies thereof when funds of counties, municipalities or other political subdivisions are utilized. ◼

1.9.1.4.3  The building department of every city, county, or city and county within the territorial area of its city, county, or city and county, where private funds are utilized. “Building department” means the department, bureau or officer charged with the enforcement of laws or ordinances regulating the erection or construction, or both the erection and construction, of buildings

1.9.1.5  Special conditions for persons with disabilities requiring appeals action ratification. Whenever reference is made in these regulations to this section, the findings and determinations required to be rendered by the local enforcing agency shall be subject to ratification through an appeals process.

Advisory 1.9.1.5 Special conditions for persons with disabilities requiring appeals action ratification. California statutes and the California Building Standards Commission regulations allow Equivalent Facilitation for public accommodations or facilities built with private funds whenever a determination of Unreasonable Hardship is granted by the local enforcing agency or building department.  (Reference CA H&S C. §19957)

When buildings and facilities are constructed with state, county or municipal funds, or the funds of any political subdivision of the state, administrative authorities may grant exceptions from the literal requirements of the building standards only when it is clearly evident that equivalent facilitation and protection that meets or exceeds the requirements under federal law are secured.  (Reference CA Gov. C. §4451(f))

California Health and Safety Code §19957.5 provides that every city, county, or city and county may appoint a local appeals board to hear written appeals regarding the action taken by the building department.◼

1.9.1.6 Authority cited.  Government Code Section 4450.

1.9.1.7 Reference cited.  Government Code Sections 4450 through 4461 and 12955.1(c) and Health and Safety Code Sections 18949.1, 19952 through 19959.

1.9.1.8 Adopting agency identification.  The provision of this code applicable to buildings identified in this Subsection 1.9.1 will be identified in the Matrix Adoption Tables under the acronym DSA-AC.