2022 California Standards for Accessible Design Guide (effective January 1, 2023)
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.
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. ◼
ETA Editor's Note
A successful appeal does not warrant ADA compliance. Appeals Boards, Local Building Officials, or other Authorities Having Jurisdiction have no authority to certify ADA compliance, and consistently state that they do not review for it. Due diligence is advised whenever an appeal is made in lieu of strict compliance with stated scoping and/or technical requirements.
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