2013 California Standards for Accessible Design Pocket Guide

CHAPTER 1 SCOPE AND ADMINISTRATION

DIVISION I: CALIFORNIA ADMINISTRATION

SECTION 1.1 GENERAL

1.1.1 Title.  These regulations shall be known as the California Building Code, may be cited as such and will be referred to herein as “this code.” The California Building Code is Part 2 of twelve parts of the official compilation and publication of the adoption, amendment and repeal of building regulations to the California Code of Regulations, Title 24, also referred to as the California Building Standards Code. This part incorporates by adoption the 2012 International Building Code of the International Code Council with necessary California amendments.

Advisory 1.1.1 Title.  The 2013 triennial edition of California Code of Regulations, Title 24 consists of 12 parts:

•   Part 1    – California Building Standards Administrative Code

•   Part 2    – California Building Code

•   Part 2.5 – California Residential Code

•   Part 3    – California Electrical Code

•   Part 4    – California Mechanical Code

•   Part 5    – California Plumbing Code

•   Part 6    – California Energy Code

•   Part 8    – California Historical Building Code

•   Part 9    – California Fire Code

•   Part 10  – California Existing Building Code

•   Part 11  – California Green Building Standards Code

•   Part 12  – California Referenced Standards Code

1.1.2 Purpose.  The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, access to persons with disabilities, sanitation, adequate lighting and ventilation and energy conservation; safety to life and property from fire and other hazards attributed to the built environment; and to provide safety to fire fighters and emergency responders during emergency operations.

Advisory 1.1.2 Purpose.  CA H&S Code §19955 et al. requires public accommodations and facilities constructed in this state with private funds to adhere to the accessibility provisions of Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of the Government Code.  Under CA H&S Code §19958, city and county building departments have the responsibility to enforce the statutory requirements of CA H&S Code §19955 et al. and CA Gov. Code §4450 et al.

CA Gov. Code §4450(a) requires buildings and facilities constructed in this state by the use of state, county, or municipal funds, or the funds of any political subdivision of the state shall conform to the building standards published in the California Building Standards Code relating to access for persons with disabilities and the other regulations adopted pursuant to Section 4450.  CA Gov. Code §4453 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.  Additionally, CA Gov. Code §4453 vests enforcement authority to the governing bodies thereof where funds of counties, municipalities, or other political subdivisions are utilized except as otherwise provided above.

1.1.3 Scope.  The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures throughout the State of California.

Advisory 1.1.3 Scope.  The California Building Code (CBC) accessibility provisions are applicable to new construction projects as well as alterations (as defined) of existing buildings and facilities.  In alteration projects, these provisions apply to the area of new work, and include the path of travel requirements found in Section 11B-202.4.

1.1.3.1 Nonstate-regulated buildings, structures, and applications.  Except as modified by local ordinance pursuant to Section 1.1.8, the following standards in the California Code of Regulations, Title 24, Parts 2, 2.5, 3, 4, 5, 6, 9, 10 and 11 shall apply to all occupancies and applications not regulated by a state agency.

1.1.3.2 State-regulated buildings, structures, and applications.  The model code, state amendments to the model code, and/or state amendments where there are no relevant model code provisions shall apply to the following buildings, structures, and applications regulated by state agencies as specified in Sections 1.2 through 1.14, except where modified by local ordinance pursuant to Section 1.1.8. When adopted by a state agency, the provisions of this code shall be enforced by the appropriate enforcing agency, but only to the extent of authority granted to such agency by the state legislature.

Note:  See Preface to distinguish the model code provisions from the California provisions.

1. State-owned buildings, including buildings constructed by the Trustees of the California State University, and to the extent permitted by California laws, buildings designed and constructed by the Regents of the University of California, and regulated by the Building Standards Commission. See Section 1.2 for additional scope provisions.

2. Local detention facilities regulated by the Corrections Standards Authority. See Section 1.3 for additional scope provisions.

3. Barbering, cosmetology or electrolysis establishments, acupuncture offices, pharmacies, veterinary facilities, and structural pest control locations regulated by the Department of Consumer Affairs. See Section 1.4 for additional scope provisions.

4. Energy efficiency standards regulated by the California Energy Commission. See Section 1.5 for additional scope provisions.

5. Dairies and places of meat inspection regulated by the Department of Food and Agriculture. See Section 1.6 for additional scope provisions.

6. Organized camps, laboratory animal quarters, public swimming pools, radiation protection, commissaries serving mobile food preparation vehicles and wild animal quarantine facilities regulated by the Department of Public Health. See Section 1.7 for additional scope provisions.

7. Hotels, motels, lodging houses, apartment houses, dwellings, dormitories, condominiums, shelters for homeless persons, congregate residences, employee housing, factory-built housing and other types of dwellings containing sleeping accommodations with or without common toilets or cooking facilities. See Section 1.8.2.1.1 for additional scope provisions.

8. Accommodations for persons with disabilities in buildings containing newly constructed covered multifamily dwellings, new common use spaces serving existing covered multifamily dwellings, additions to existing buildings where the addition alone meets the definition of "COVERED MULTIFAMILY DWELLING," and common-use spaces serving covered multifamily dwellings, which are regulated by the Department of Housing and Community Development. See Section 1.8.2.1.2 for additional scope provisions.

9. Permanent buildings and permanent accessory buildings or structures constructed within mobile-home parks and special occupancy parks regulated by the Department of Housing and Community Development. See Section 1.8.2.1.3 for additional scope provisions.

10. Accommodations for persons with disabilities regulated by the Division of the State Architect. See Section 1.9.1 for additional scope provisions.

11. Public elementary and secondary schools, community college buildings and state-owned or state-leased essential service buildings regulated by the Division of the State Architect. See Section 1.9.2 for additional scope provisions.

12. Qualified historical buildings and structures and their associated sites regulated by the State Historical Building Safety Board with the Division of the State Architect. See Section 1.9.3 for additional scope provisions.

13. General acute care hospitals, acute psychiatric hospitals, skilled nursing and/or intermediate care facilities, clinics licensed by the Department of Public Health and correctional treatment centers regulated by the Office of Statewide Health Planning and Development. See Section 1.10 for additional scope provisions.

14. Applications regulated by the Office of State Fire Marshal include but are not limited to the following in accordance with Section 1.11.

14.1. Buildings or structures used or intended for use as an:

1. Asylum, jail.

2. Mental hospital, hospital, home for the elderly, children’s nursery, children’s home or institution, school or any similar occupancy of any capacity.

3. Theater, dancehall, skating rink, auditorium, assembly hall, meeting hall, nightclub, fair building or similar place of assemblage where 50 or more persons may gather together in a building, room or structure for the purpose of amusement, entertainment, instruction, deliberation, worship, drinking or dining, awaiting transportation, or education.

4. Small family day-care homes, large family day-care homes, residential facilities and residential facilities for the elderly, residential care facilities.

5. State institutions or other state-owned or state-occupied buildings

6. High rise structures.

7. Motion picture production studios.

8. Organized camps.

9. Residential structures

14.2. Tents, awnings or other fabric enclosures used in connection with any occupancy.

14.3. Fire alarm devices, equipment and systems in connection with any occupancy.

14.4. Hazardous materials, flammable and combustible liquids

14.5. Public school automatic fire detection, alarm, and sprinkler systems.

14.6. Wildland-urban interface fire areas.

15. Public libraries constructed and renovated using funds from the California Library Construction and Renovation Bond Act of 1988 and regulated by the State Librarian. See Section 1.12 for additional scope provisions.

16. Graywater systems regulated by the Department of Water Resources. See Section 1.13 for additional scope provisions.

17. For applications listed in Section 1.9.1 regulated by the Division of the State Architect – Access Compliance, outdoor environments and uses shall be classified according to accessibility uses described in Chapter 11B.

18. Marine Oil Terminals regulated by the California State Lands Commission. See Section 1.14 for additional scope provisions.

1.1.4 Appendices.  Provisions contained in the appendices of this code shall not apply unless specifically adopted by a state agency or adopted by a local enforcing agency in compliance with Health and Safety Code Section 18901 et. seq. for Building Standards Law, Health and Safety Code Section 17950 for State Housing Law and Health and Safety Code Section 13869.7 for Fire Protection Districts. See Section 1.1.8 of this code.

1.1.5 Referenced codes.  The codes, standards and publications adopted and set forth in this code, including other codes, standards and publications referred to therein are, by title and date of publication, hereby adopted as standard reference documents of this code. When this code does not specifically cover any subject related to building design and construction, recognized architectural or engineering practices shall be employed. The National Fire Codes, standards, and the Fire Protection Handbook of the National Fire Protection Association are permitted to be used as authoritative guides in determining recognized fire prevention engineering practices

1.1.6 Nonbuilding standards, orders and regulations.  Requirements contained in the California Building Code, or in any other referenced standard, code or document, which are not building standards as defined in Health and Safety Code Section 18909, shall not be construed as part of the provisions of this code. For nonbuilding standards, orders, and regulations, see other titles of the California Code of Regulations

1.1.7 Order of precedence and use.

1.1.7.1 Differences.  In the event of any differences between these building standards and the standard reference documents, the text of these building standards shall govern.

1.1.7.2 Specific provisions.  Where a specific provision varies from a general provision, the specific provision shall apply.

1.1.7.3 Conflicts.  When the requirements of this code conflict with the requirements of any other part of the California Building Standards Code, Title 24, the most restrictive requirements shall prevail.

1.1.8 City, county or city and county amendments, additions or deletions.  The provisions of this code do not limit the authority of city, county, or city and county governments to establish more restrictive and reasonably necessary differences to the provisions contained in this code pursuant to complying with Section 1.1.8.1. The effective date of amendments, additions or deletions to this code by a city, county, or city and county filed pursuant to Section 1.1.8.1 shall be the date filed. However, in no case shall the amendments, additions or deletions to this code be effective any sooner than the effective date of this code.

Local modifications shall comply with Health and Safety Code Section 18941.5 for Building Standards Law, Health and Safety Code Section 17958 for State Housing Law or Health and Safety Code Section 13869.7 for Fire Protection Districts

1.1.8.1 Findings and filings.

1. The city, county, or city and county shall make express findings for each amendment, addition or deletion based upon climatic, topographical or geological conditions.

Exception:  Hazardous building ordinances and programs mitigating unreinforced masonry buildings.

2. The city, county, or city and county shall file the amendments, additions or deletions expressly marked and identified as to the applicable findings. Cities, counties, cities and counties, and fire departments shall file the amendments, additions or deletions, and the findings with the California Building Standards Commission at 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833.

3. Findings prepared by fire protection districts shall be ratified by the local city, county, or city and county and filed with the California Department of Housing and Community Development, Division of Codes and Standards, 2020 West El Camino Ave., Suite 250, Sacramento, CA. 95833.

1.1.9 Effective date of this code.  Only those standards approved by the California Building Standards Commission that are effective at the time an application for building permit is submitted shall apply to the plans and specifications for, and to the construction performed under, that permit. For the effective dates of the provisions contained in this code, see the History Note page of this code

1.1.10 Availability of codes.  At least one complete copy each of Titles 8, 19, 20, 24, and 25 with all revisions shall be maintained in the office of the building official responsible for the administration and enforcement of this code. Each state department concerned and each city, county or city and county shall have an up-to-date copy of the code available for public inspection, See Health and Safety Code Section 18942(d)(1) and (2).

1.1.11 Format.  This part fundamentally adopts the International Building Code by reference on a chapter-by-chapter basis. When a specific chapter of the International Building Code is not printed in the code and is marked “Reserved”, such chapter of the International Building Code is not adopted as a portion of this code. When a specific chapter of the International Building Code is marked “Not adopted by the State of California” but appears in the code, it may be available for adoption by local ordinance.

Note:  Matrix Adoption Tables at the front of each chapter may aid the code user in determining which chapter or sections within a chapter are applicable to buildings under the authority of a specific state agency, but they are not to be considered regulatory.

1.1.12 Validity.  If any chapter, section, subsection, sentence, clause or phrase of this code is for any reason held to be unconstitutional, contrary to statute, exceeding the authority of the state as stipulated by statutes or otherwise inoperative, such decision shall not affect the validity of the remaining portion of this code.

SECTION 1.2 BUILDING STANDARDS COMMISSION

1.2.2 Alternative materials, design and methods of construction and equipment.  The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.

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.

DIVISION II: SCOPE AND ADMINISTRATION

Note:  Sections adopted or amended by state agencies are specifically indicated by an agency banner or indicated in the Matrix Adoption Table.

PART 1—SCOPE AND APPLICATION

SECTION 101 GENERAL

[A] 101.1 Title.  These regulations shall be known as the Building Code of [NAME OF JURISDICTION], hereinafter referred to as “this code.”

[A] 101.2 Scope.  The provisions of this code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

Exception:  Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the California Residential Code.

[A] 101.2.1 Appendices.  Provisions in the appendices shall not apply unless specifically adopted.

[A] 101.3 Intent.  The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations.

[A] 101.4 Referenced codes.  The other codes listed in Sections 101.4.1 through 101.4.6 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference.

[A] 101.4.1 Gas.  The provisions of the California Mechanical Code shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories.

[A] 101.4.2 Mechanical.  The provisions of the California Mechanical Code shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems.

[A] 101.4.3 Plumbing.  The provisions of the California Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the International Private Sewage Disposal Code shall apply to private sewage disposal systems.

[A] 101.4.4 Property maintenance.  The provisions of the International Property Maintenance Code shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.

[A] 101.4.5 Fire prevention.  The provisions of the California Fire Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression, automatic sprinkler systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation.

SECTION 104 DUTIES AND POWERS OF BUILDING OFFICIAL

[A] 104.11 Alternative materials, design and methods of construction and equipment.  The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.

SECTION 111 CERTIFICATE OF OCCUPANCY

[A] 111.2 Certificate issued.  After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the department of building safety, the building official shall issue a certificate of occupancy that contains the following:

1. The building permit number.

2. The address of the structure.

3. The name and address of the owner.

4. A description of that portion of the structure for which the certificate is issued.

5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.

6. The name of the building official.

7. The edition of the code under which the permit was issued.

8. The use and occupancy, in accordance with the provisions of Chapter 3.

9. The type of construction as defined in Chapter 6.

10. The design occupant load.

11. If an automatic sprinkler system is provided, whether the sprinkler system is required.

12. Any special stipulations and conditions of the building permit.