2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017

INTRODUCTION

Intent

This Pocket Guide is intended as a resource for understanding accessibility requirements in California that are essentially architectural, including related communication elements.  Its primary focus is 2016 California Building Code (2016 CBC) Chapter 11B - Accessibility to Public Buildings, Public Accommodations, Commercial Buildings and Public Housing, but it includes and compares requirements of Americans with Disabilities Act Title II (Standards for State and Local Government Facilities), Title III (Standards for Public Accommodations and Commercial Facilities) and the 2004 Americans with Disabilities Act Accessibility Guidelines, collectively known as the "2010 ADA Standards for Accessible Design" (2010 ADAS).

This Pocket Guide includes Advisories from the State of California Division of the State Architect - Access Compliance (DSA-AC), U.S. Department of Justice (DOJ), and U.S. Access Board.  Extensive use has been made by Evan Terry Associates (ETA) of "Editor's Notes" for clarification, and of hyperlinks for internal cross-referencing and access to external materials and information.  Lastly, it includes references to 2013 California Building Code (2013 CBC) and 1991 Americans with Disabilities Act Accessibility Guidelines (1991 ADAAG) requirements that may represent "Safe Harbors" for existing elements -- see subsequent discussion.

This Pocket Guide does not attempt to cover housing accessibility requirements comprehensively.  It includes 2016 CBC Chapter 11A - Housing Accessibility requirements only to the extent that these have been adopted by DSA-AC for applicability to Public Housing.  Requirements of the Fair Housing Act are not included.

This Pocket Guide does not include requirements from ADA Title I (Employment), Title IV (Telecommunications), or Title V (Miscellaneous Provisions), or requirements that differ from 2010 ADAS incorporated into the Architectural Barriers Act (ABA), Rehabilitation Act of 1973, or the Uniform Federal Accessibility Standards (UFAS).  It also does not address accessibility provisions that are non-architectural, such as policies and procedures, employee training, public transportation vehicles, auxiliary aids and services, publications or websites.

Background

A new edition of the California Building Code is issued every three years, based on the International Building Code (IBC) dated the previous year, liberally modified.  When the 2010 ADA Standards for Accessible Design (2010 ADAS) were adopted by DOJ on September 15, 2010, these became the initial basis for the accessibility requirements of CBC Chapter 11B, including the organization and numbering of the requirements.  Generally speaking, the 2010 ADAS counterpart to a CBC requirement for public accommodations and commercial facilities can be found by deleting the "11B-" prefix to obtain the ADAS reference number, although there are numerous exceptions.

In converting the Federal Standards for application in California, DSA-AC was operating under a legislative mandate not to sacrifice any of the provisions of earlier editions of CBC that afford a higher level of accessibility for individuals with disabilities than those of the ADAS.  Therefore, with very few exceptions, where the CBC accessibility requirements differ from 2010 ADAS, they are either more inclusive (i.e., scoping that applies more broadly), or more stringent.

While the accessibility scoping and technical requirements of CBC and 2010 ADAS appear very similar, the former is a Building Code, and the latter is a Civil Rights Law.  Significant implications of this fundamental difference include:

a) Enforcement.  A Building Code is enforced by governmental authorities having jurisdiction (AHJs), who are empowered to interpret and/or modify its requirements.  Their enforcement is exercised through a permitting and certification process that usually includes reviews of the documents needed for construction, and inspections of the work performed during construction and at completion.  This process is imperfect.  Building Officials, regardless of how conscientious, knowledgeable and hard-working, cannot be expected to find and correct every Building Code shortcoming any more than traffic enforcement can be expected to issue a citation to every driver who exceeds the speed limit.  Making the job more difficult, Building Code requirements must be written to cover every conceivable situation, and often are not as definitive as a speed limit.  Interpretation and judgment are inescapable, and these may differ from one AHJ to another. There is no comparable mechanism for enforcing ADA requirements. They are enforced solely through the legal system.  Risk management is the responsibility of the architects, engineers, interior designers, landscape architects, contractors, subcontractors, vendors, product manufacturers, building owners and managers, service personnel, and others who are involved in the creation and maintenance of the built environment.  There is no governmental review or enforcement unless and until a lawsuit is filed.

b) Applicability.  In theory, a Building Code remains applicable throughout the life and operation of a building or other element of the built environment -- see also subsequent discussions about changes and Safe Harbors.  In practice, the Building Code requirements become applicable only when an addition or alteration is executed that requires a permit, because that is when the enforcement mechanisms described above are activated.  There are exceptions, mostly health- and safety-related, such as Fire Marshal inspections, OSHA inspections for workplace safety, Department of Public Health inspections of food service operations, and Joint Commission inspections of healthcare facilities.  As a rule, the Building Code requirements that are applicable are the ones that were in effect when the project was permitted.  A building owner is expected to maintain compliance with that edition, but is not expected to perform alterations to become compliant with later editions when issued.  S/he is also not compelled to discover and correct conditions that were noncompliant at the time of construction, but were undetected.  These existing nonconforming conditions are entitled to remain until a permitted alteration or addition, or an occupancy change, causes the current Building Code to take effect. As a Civil Rights Law, the ADA is applicable perpetually.  It imposes the ongoing responsibility for owners of public accommodations to remove existing barriers for individuals with disabilities to the extent that it is readily achievable to do so, and it imposes the constant responsibility for governmental entities to make their programs and services available to, and usable by, individuals with disabilities.  The implied responsibility to discover and correct noncompliant conditions, whether or not an alteration, addition, or change of occupancy is planned, exceeds the responsibility imposed by the Building Code.  See also discussion of Safe Harbors. 

c) Changes.  As stated above, the Building Code is republished every three years.  In the interim, errata and/or supplements are issued at least once per year.  In other words, change is constant.  Since many building projects require more than one year to complete, it is not unusual for the pertinent Building Code requirements to change during construction.  In some cases, the permitting process can also require multiple years.  The requirements applicable to a specific project are those that were in effect when the permit application was made (except for errata, which can be applicable retroactively), but it can be extremely difficult to identify those after completion.  If a Drawing Cover Sheet lists 2016 California Building Code as one of the Applicable Codes, one still must ask, "Which version?".  This Pocket Guide is based on the initial publication of 2016 CBC. The ADA undergoes significant formal changes infrequently.  The Americans with Disabilities Act Accessibility Guidelines (ADAAG) issued in 1991 were supplemented in 1994, but were not rewritten by the U.S. Access Board until 2004.  The U.S. Department of Transportation (DOT) adopted by reference the revised ADAAG as regulatory standards effective November 29, 2006, and added or modified four sections. These sections are included in this Pocket Guide within ETA Editor’s Notes.  DOJ adopted the revised ADAAG on September 15, 2010 -- see also the discussion of Safe Harbors.  Evan Terry Associates has developed a detailed (line-by-line) reverse sortable analysis to show how the 2010 ADA Standards compare to the 1991 ADA Standards. It is available at http://www.ADAStandardsComparison.com as a free download for all interested parties, in MS Excel spreadsheet format. The Access Board has less detailed comparisons of its 2004 Guidelines with the 2010 ADA Standards and with the IBC 2003 and 2006 Standards and the NFPA 5000 Standard at http://www.Access-Board.gov/Guidelines-and-Standards/Buildings-and-Sites/About-the-ADA-Standards/Background/IBC-Comparison.  It bears mentioning that the application and interpretations of the ADA are also affected by technical assistance, advisories and opinions issued by DOJ, DOT, and the Access Board, as well as precedent-setting legal cases.  See also the list of upcoming revisions to the ADA Standards at the end of this Introduction.

These implications of the fundamental difference between a Building Code and a Civil Rights Law are enumerated to emphasize that an element of the built environment that is subject to accessibility requirements must comply with both.  If a Building Official or other AHJ does not enforce a particular accessibility requirement of the Building Code, or enforces it to a lesser degree than required by the ADA, the ADA requirement remains in effect, and must be met, despite the fact that no one is reviewing or approving the condition for ADA compliance.  ETA has incorporated Editor's Notes at certain locations in this Pocket Guide to reemphasize this point, including the Special Conditions Appeals, Equivalent Facilitation and Path of Travel Requirements.

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; green text indicates 2010 ADAS):

[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

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 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, 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 will have an extremely significant impact at accessible water closets in single-user toilet rooms and bathrooms, 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).

As observed in the Background section of this Introduction, a Building Code changes constantly, so "the immediately preceding edition of the California Building Code" is subject to interpretation.  ETA has consulted with DSA-AC on this matter, learning that their interpretation is that this refers to any version of the preceding edition.  Pocket Guide users are cautioned that some Building Officials or other Authorities Having Jurisdiction may apply a different interpretation.

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 CBC Section 11B-202.4, Exception 2.  Using DSA-AC's interpretation of "the immediately preceding edition of the California Building Code,"  ETA has identified six of these, included the relevant requirements from 2013 CBC at the end of the book, and provided hyperlinks from the 2016 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].

There are currently still some uncertainties about how to interpret and apply the Safe Harbor provisions. More information on the Safe Harbor provisions may be found at http://www.ADAsafeharbor.com. 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.

Upcoming Revisions to the ADA Standards

Although these topics are out of the scope of this Pocket Guide, the following additions and updates to the ADA standards are worth watching for. More information on each of these can be found on the Access Board’s website and on Corada.

1. Public Rights-of-Way

Public Rights-of-Way Guidelines are still under study by the Access Board, DOJ and DOT. From the Board’s website:

“Sidewalks, street crossings, and other elements in the public right-of-way can pose challenges to accessibility. The Board’s ADA and ABA Accessibility Guidelines focus mainly on facilities on sites. While they address certain features common to public sidewalks, such as curb ramps, further guidance is necessary to address conditions and constraints unique to public rights-of-way.

“The Board is developing new guidelines for public rights-of-way that will address various issues, including access for blind pedestrians at street crossings, wheelchair access to on-street parking, and various constraints posed by space limitations, roadway design practices, slope, and terrain. The new guidelines will cover pedestrian access to sidewalks and streets, including crosswalks, curb ramps, street furnishings, pedestrian signals, parking, and other components of public rights-of-way. The Board’s aim in developing these guidelines is to ensure that access for persons with disabilities is provided wherever a pedestrian way is newly built or altered, and that the same degree of convenience, connection, and safety afforded the public generally is available to pedestrians with disabilities. Once these guidelines are adopted by the Department of Justice, they will become enforceable standards under title II of the ADA.”

Until they are adopted, an excellent publication, Designing Sidewalks and Trails for Access Part II of II: Best Practices Design Guide, has been published by the Board and the Federal Highway Administration and can be downloaded for free at http://www.fhwa.dot.gov/environment/bicycle_pedestrian/publications/sidewalk2/index.cfm.   

2. Shared Use Paths

From the Board’s website:

“Shared use paths provide a means of off-road transportation and recreation for various users, including pedestrians, bicyclists, skaters, and others, including people with disabilities. In its rulemaking on public rights-of-way and on trails and other outdoor developed areas, comments from the public urged the Board to address access to shared use paths since they are distinct from sidewalks and trails. Shared use paths, unlike most sidewalks, are physically separated from streets by an open space or barrier. They also differ from trails because they are designed not just for recreation purposes but for transportation as well.

“In response, the Board is supplementing its rulemaking on public rights-of-way to also cover shared use paths.  The proposed rights-of-way guidelines, which address access to sidewalks, streets, and other pedestrian facilities, provide requirements for pedestrian access routes, including specifications for route width, grade, cross slope, surfaces, and other features. The Board proposes to apply these and other relevant requirements to shared use paths as well. This supplementary rulemaking also would add provisions tailored to shared use paths into the rights-of-way guidelines.”

In February 2013, the Board released for public comment proposed requirements for accessible shared use paths used by pedestrians, bicyclists, and others for transportation or recreation. More information can be found on the Access Board’s website at http://www.Access-Board.gov/Guidelines-and-Standards/Streets-Sidewalks.

3. Emergency Transportable Housing

From the Board’s website:

“The Board has issued guidelines for temporary housing provided by the government in emergencies and natural disasters. Emergency transportable housing units, which are designed and manufactured for transport over roadways, have a smaller footprint than other types of housing and pose unique accessibility challenges. Access to such housing was found to be problematic in the aftermath of hurricanes Katrina and Rita in 2005. The new guidelines supplement the Board's ADA and ABA Accessibility Guidelines by adding provisions and exceptions that specifically address emergency transportable housing. The Board developed these guidelines according to recommendations from an advisory panel it organized, the Emergency Transportable Housing Advisory Committee, which included representation from disability groups, industry and code groups, and government agencies...  The final rule was effective June 6, 2014. Compliance is not required by entities subject to the ADA until DOJ updates its accessibility standards to be consistent with the final rule.  Compliance is not required by entities subject to the ABA until HUD updates its accessibility standards to be consistent with the final rule.”

More information can be found on the Access Board’s website at https://www.access-board.gov/guidelines-and-standards/buildings-and-sites/emergency-transportable-housing.

4. Passenger Vessels

In June of 2013, the Board released for public comment guidelines for access to ferries, cruise ships, excursion boats, and other passenger vessels under the ADA. Once finalized, these guidelines will supplement the Board’s ADA Accessibility Guidelines for Transportation Vehicles and the ADA Accessibility Guidelines for Buildings and Facilities.  The Department of Justice and the Department of Transportation will use the guidelines to set mandatory standards. More information can be found on the Access Board’s website at https://www.access-board.gov/guidelines-and-standards/transportation/passenger-vessels/about.

5. Medical Diagnostic Equipment

On January 9, 2017, new accessibility standards were published in the Federal Register for medical diagnostic equipment. From the Board’s website:

“The Board has issued accessibility standards for medical diagnostic equipment under section 510 of the Rehabilitation Act. These standards provide design criteria for examination tables and chairs, including those used for dental or optical exams and procedures, weight scales, radiological equipment, mammography equipment and other equipment used for diagnostic purposes by health professionals. The standards address equipment that requires transfer from wheelchairs and other mobility aids and include requirements for transfer surfaces, support rails, armrests, compatibility with lift devices, and other features. Equipment that accommodates mobility devices without transfer is also covered.

As issued by the Board, the standards are not mandatory on health care providers or equipment manufacturers. The U.S. Department of Justice may adopt them as mandatory requirements under the Americans with Disabilities Act. Other federal agencies may implement them as well under the Rehabilitation Act which requires access to federally funded programs and services.”

For the most up-to-date information regarding effective date, visit the Access Board’s website at https://www.access-board.gov/guidelines-and-standards/health-care/about-this-rulemaking/final-standards/text-of-the-proposed-standards-9

6. Classroom Acoustics

The Board is undertaking rulemaking to address acoustics in classrooms by referencing a voluntary consensus standard developed by the Acoustical Society of America (ASA) with support from the Board. Accredited by the American National Standards Institute (ANSI), the “ANSI/ASA S12.60-2010 American National Standard Acoustical Performance Criteria, Design Requirements, and Guidelines for Schools (Parts 1 and 2)” sets specific criteria for maximum background noise and reverberation time in classrooms. Consistent with long-standing recommendations for good practice in educational settings, the standard set specific criteria for maximum background noise (35 decibels) and reverberation time (0.6 to 0.7 seconds) for unoccupied classrooms. Once these guidelines are adopted by the Department of Justice, they will become enforceable standards under the ADA.  More information may be found on the Access Board’s website at https://www.access-board.gov/guidelines-and-standards/buildings-and-sites/classroom-acoustics.

7. Information and Communication Technology (ICT) Standards and Guidelines

From the Board’s website:

“On January 18, 2017, the Access Board published a final rule that jointly updates requirements for information and communication technology covered by Section 508 of the Rehabilitation Act and Section 255 of the Communication Act. The Section 508 Standards apply to electronic and information technology procured by the federal government, including computer hardware and software, websites, multimedia such as video, phone systems, and copiers. The Section 255 Guidelines address access to telecommunications products and services, and apply to manufacturers of telecommunication equipment.

The final rule jointly updates and reorganizes the Section 508 standards and Section 255 guidelines in response to market trends and innovations, such as the convergence of technologies. The refresh also harmonizes these requirements with other guidelines and standards both in the U.S. and abroad, including standards issued by the European Commission and with the Web Content Accessibility Guidelines (WCAG), a globally recognized voluntary consensus standard for web content and ICT.”

For more information on communications topics and up-to-date information on the effective dates, visit the Board’s web site at https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule

Although these standards and guidelines do not apply directly under the ADA, when followed, they provide strong evidence that private and public entities are meeting applicable portions of their effective communication requirements under the ADA.

8. Transportation Vehicles

On December 14, 2016, the ADA Accessibility Guidelines for Buses and Vans was published in the Federal Register. The final rule became effective on January 13, 2017. From the Board’s website:

“The Access Board has issued a final rule updating sections of its accessibility guidelines for transportation vehicles covered by the Americans with Disabilities Act (ADA). The rule revises provisions in the guidelines that apply to buses and vans to enhance accessibility and to address industry trends and improvements in design and technology. The guidelines, which the Board originally published in 1991, apply to new or remanufactured vehicles (they also include provisions for rail vehicles that the Board will update separately)… The Board’s vehicle guidelines serve as the basis for mandatory standards issued by the Department of Transportation (DOT) under the ADA. Compliance with the updated requirements for buses and vans will become mandatory once specified by DOT in a future update of its ADA standards.”

More information can be found on the Access Board’s website at https://www.access-board.gov/guidelines-and-standards/transportation/vehicles/about-adaag-for-transportation-vehicles.

9. Outdoor Developed Areas

From the Board’s website:

“Achieving accessibility in outdoor environments has long been a source of inquiry due to challenges and constraints posed by terrain, the degree of development, construction practices and materials, and other factors.

The Board has issued requirements that are now part of the Architectural Barriers Act (ABA) Accessibility Standards and apply to national parks and other outdoor areas developed by the federal government. They do not apply to outdoor areas developed with federal grants or loans. A guide that explains these requirements also is available.

The new provisions address access to trails, picnic and camping areas, viewing areas, beach access routes and other components of outdoor developed areas on federal sites when newly built or altered. They also provide exceptions for situations where terrain and other factors make compliance impracticable. The new requirements are located in sections F201.4, F216.3, F244 to F248, and 1011 to 1019 of the ABA Standards.

The Board intends to develop guidelines for non-federal outdoor sites covered by the Americans with Disabilities Act (ADA) and areas developed with federal grants and loans covered by the ABA through a subsequent rulemaking.” 

Until the final ADA guidelines are published, following these guidelines should provide strong evidence that public entities are meeting their program access requirements under the ADA.

More information can be found on the Access Board’s website at https://www.access-board.gov/guidelines-and-standards/recreation-facilities/outdoor-developed-areas

10. Prescription Drug Container Labels

From the Board’s website:

“The Board has led the development of advisory guidance on making prescription drug container labels accessible to people who are blind or visually impaired or who are elderly. This initiative was authorized by the “Food and Drug Administration Safety and Innovation Act" which President Obama signed into law in July 2012.  A provision of the act (section 904) directs the Board to convene a working group to develop best practices for making information on prescription drug container labels accessible to people who are blind or visually impaired.

Shortly after the law was enacted, the Board formed the Working Group on Accessible Prescription Drug Container Labels, an 18-member stakeholder panel comprised of representatives from advocacy organizations and industry. The working group explored various access alternatives, including braille, large print labels, and auditory technologies such as “talking bottles” and radio frequency identification tags. In July 2013, it submitted to the Board its best practice recommendations for pharmacies on providing independent access to prescription drug container labels.  These recommendations are advisory only, not mandatory, and will not have the force of guidelines or standards.

The law directs the National Council on Disability (NCD) to conduct an informational and educational campaign in cooperation with the stakeholder working group to inform the public, including people with disabilities and pharmacists, of the best practices. In June 2016, NCD issued a brochure on the best practices recommended by the Board's working group.  The law also calls upon the Comptroller General to conduct a review to assess the extent to which pharmacies are implementing the best practices and to determine whether barriers to prescription drug labels remain.”

More information can be found on the Access Board’s website at https://www.access-board.gov/guidelines-and-standards/health-care/about-prescription-drug-container-labels

Research Projects

The Board sponsors and coordinates research for use in developing accessibility guidelines and providing technical assistance to the public. The Board’s research program is focused on the study of accessibility relating to architecture and design, communication, and transportation. A number of research projects have been completed by the Access Board and others are underway or planned. More information about these projects can be found on the Access Board’s website at http://www.Access-Board.gov/Research.

The results of those projects will be incorporated into future editions of the Pocket Guide only when they are integrated into the guidelines and then published as enforceable Final Rules by the Department of Justice and other adopting agencies.