2022 California Standards for Accessible Design Guide (effective January 1, 2023)

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. For public housing see Section 1.9.1.3.

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. For public housing see Section 1.9.1.3.

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 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. For public housing see Section 1.9.1.3.

1.9.1.1.4 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 1.9.1.1.4. 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. ◼