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

11B-101.2 Reserved.

[2010 ADA Standards] 101.2 Effect on Removal of Barriers in Existing Facilities. This document does not address existing facilities unless altered at the discretion of a covered entity. The Department of Justice has authority over existing facilities that are subject to the requirement for removal of barriers under title III of the ADA. Any determination that this document applies to existing facilities subject to the barrier removal requirement is solely within the discretion of the Department of Justice and is effective only to the extent required by regulations issued by the Department of Justice.

[ADA Title II] §35.150(b) Existing Facilities; Methods.

(2)

i) Safe harbor. Elements that have not been altered in existing facilities on or after March 15, 2012, and that comply with the corresponding technical and scoping specifications for those elements in either the 1991 Standards or in the Uniform Federal Accessibility Standards (UFAS), Appendix A to 41 CFR part 101–19.6 (July 1, 2002 ed.), 49 FR 31528, app. A (Aug. 7, 1984) are not required to be modified in order to comply with the requirements set forth in the 2010 Standards.

ii) The safe harbor provided in §35.150(b)(2)(i) does not apply to those elements in existing facilities that are subject to supplemental requirements (i.e., elements for which there are neither technical nor scoping specifications in the 1991 Standards). Elements in the 2010 Standards not eligible for the element-by-element safe harbor are identified as follows –

     A. Residential facilities dwelling units, sections 233 and 809.

     B. Amusement rides, sections 234 and 1002; 206.2.9; 216.12.

     C. Recreational boating facilities, sections 235 and 1003; 206.2.10.

     D. Exercise machines and equipment, sections 236 and 1004; 206.2.13.

     E. Fishing piers and platforms, sections 237 and 1005; 206.2.14.

     F. Golf facilities, sections 238 and 1006; 206.2.15.

     G. Miniature golf facilities, sections 239 and 1007; 206.2.16.

     H. Play areas, sections 240 and 1008; 206.2.17.

     I. Saunas and steam rooms, sections 241 and 612.

     J. Swimming pools, wading pools, and spas, sections 242 and 1009.

     K. Shooting facilities with firing positions, sections 243 and 1010.

     L. Miscellaneous.

          (1) Team or player seating, section 221.2.1.4.

          (2) Accessible route to bowling lanes, section. 206.2.11.

          (3) Accessible route in court sports facilities, section 206.2.12.

[ADA Title III] §36.304 Removal of Barriers

a. General. A public accommodation shall remove architectural barriers in existing facilities, including communication barriers that are structural in nature, where such removal is readily achievable, i.e., easily accomplishable and able to be carried out without much difficulty or expense

b. Examples. Examples of steps to remove barriers include, but are not limited to, the following actions –

     1) Installing ramps;

     2) Making curb cuts in sidewalks and entrances;

     3) Repositioning shelves;

     4) Rearranging tables, chairs, vending machines, display racks, and other furniture;

     5) Repositioning telephones;

     6) Adding raised markings on elevator control buttons;

     7) Installing flashing alarm lights;

     8) Widening doors;

     9) Installing offset hinges to widen doorways;

     10) Eliminating a turnstile or providing an alternative accessible path;

     11) Installing accessible door hardware;

     12) Installing grab bars in toilet stalls;

     13) Rearranging toilet partitions to increase maneuvering space;

     14) Insulating lavatory pipes under sinks to prevent burns;

     15) Installing a raised toilet seat;

     16) Installing a full-length bathroom mirror;

     17) Repositioning the paper towel dispenser in a bathroom;

     18) Creating designated accessible parking spaces;

     19) Installing an accessible paper cup dispenser at an existing inaccessible water fountain;

     20) Removing high pile, low density carpeting; or

     21) Installing vehicle hand controls.

c) Priorities. A public accommodation is urged to take measures to comply with the barrier removal requirements of this section in accordance with the following order of priorities.

     1) First, a public accommodation should take measures to provide access to a place of public accommodation from public sidewalks, parking, or public transportation. These measures include, for example, installing an entrance ramp, widening entrances, and providing accessible parking spaces.

     2) Second, a public accommodation should take measures to provide access to those areas of a place of public accommodation where goods and services are made available to the public. These measures include, for example, adjusting the layout of display racks, rearranging tables, providing Brailled and raised character signage, widening doors, providing visual alarms, and installing ramps.

     3) Third, a public accommodation should take measures to provide access to restroom facilities. These measures include, for example, removal of obstructing furniture or vending machines, widening of doors, installation of ramps, providing accessible signage, widening of toilet stalls, and installation of grab bars.

    4) Fourth, a public accommodation should take any other measures necessary to provide access to the goods,      services, facilities, privileges, advantages, or accommodations of a place of public accommodation.

d) Relationship to Alterations Requirements of Subpart D of this Part.

     1) Except as provided in paragraph (d)(3) of this section, measures taken to comply with the barrier removal requirements of this section shall comply with the applicable requirements for alterations in §36.402 and §§36.404 through 36.406 of this part for the element being altered. The path of travel requirements of §36.403 shall not apply to measures taken solely to comply with the barrier removal requirements of this section.

     2)

          i) Safe harbor. Elements that have not been altered in existing facilities on or after March 15, 2012, and that comply with the corresponding technical and scoping specifications for those elements in the 1991 Standards are not required to be modified in order to comply with the requirements set forth in the 2010 Standards.

          ii)

               (A) Before March 15, 2012, elements in existing facilities that do not comply with the corresponding technical and scoping specifications for those elements in the 1991 Standards must be modified to the extent readily achievable to comply with either the 1991 Standards or the 2010 Standards. Noncomplying newly constructed and altered elements may also be subject to the requirements of §36.406(a)(5).

               (B) On or after March 15, 2012, elements in existing facilities that do not comply with the corresponding technical and scoping specifications for those elements in the 1991 Standards must be modified to the extent readily achievable to comply with the requirements set forth in the 2010 Standards. Noncomplying newly constructed and altered elements may also be subject to the requirements of § 36.406(a)(5).

          iii) The safe harbor provided in § 36.304(d)(2)(i) does not apply to those elements in existing facilities that are subject to supplemental requirements (i.e., elements for which there are neither technical nor scoping specifications in the 1991 Standards), and therefore those elements must be modified to the extent readily achievable to comply with the 2010 Standards. Noncomplying newly constructed and altered elements may also be subject to the requirements of § 36.406(a)(5). Elements in the 2010 Standards not eligible for the element-by-element safe harbor are identified as follows –

               (A) Residential facilities and dwelling units, sections 233 and 809.

               (B) Amusement rides, sections 234 and 1002; 206.2.9; 216.12.

               (C) Recreational boating facilities, sections 235 and 1003; 206.2.10.

               (D) Exercise machines and equipment, sections 236 and 1004; 206.2.13.

               (E) Fishing piers and platforms, sections 237 and 1005; 206.2.14.

               (F) Golf facilities, sections 238 and 1006; 206.2.15.

               (G) Miniature golf facilities, sections 239 and 1007; 206.2.16.

               (H) Play areas, sections 240 and 1008; 206.2.17.

               (I) Saunas and steam rooms, sections 241 and 612.

               (J) Swimming pools, wading pools, and spas, sections 242 and 1009.

               (K) Shooting facilities with firing positions, sections 243 and 1010.

               (L) Miscellaneous.

                    1) Team or player seating, section 221.2.1.4.

                    2) Accessible route to bowling lanes, section 206.2.11.

                    3) Accessible route in court sports facilities, section 206.2.12.

3) If, as a result of compliance with the alterations requirements specified in paragraph (d)(1) and (d)(2) of this section, the measures required to remove a barrier would not be readily achievable, a public accommodation may take other readily achievable measures to remove the barrier that do not fully comply with the specified requirements. Such measures include, for example, providing a ramp with a steeper slope or widening a doorway to a narrower width than that mandated by the alterations requirements. No measure shall be taken, however, that poses a significant risk to the health or safety of individuals with disabilities or others.

Appendix to §36.304(d) Compliance Dates and Applicable Standards for Barrier Removal and Safe Harbor

Date	Requirement	Applicable Standards
Before March 15, 2012	Elements that do not comply with the requirements for those elements in the 1991 Standards must be modified to the extent readily achievable. Note: Noncomplying newly constructed and altered elements may also be subject to the requirements of § 36.406(a)(5).	1991 Standards or 2010 Standards
On or after March 15, 2012	Elements that do not comply with the requirements for those elements in the 1991 Standards or that do not comply with the supplemental requirements (i.e., elements for which there are neither technical nor scoping specifications in the 1991 Standards), must be modified to the extent readily achievable. There is an exception for existing pools, wading pools, and spas built before March 15, 2012 [See § 36.304(g)(5)]. Note: Noncomplying newly constructed and altered elements may also be subject to the requirements of § 36.406(a)(5).	2010 Standards
On or after January 31, 2013	For existing pools, wading pools, and spas built before March 15, 2012, elements that do not comply with the supplemental requirements for entry to pools, wading pools, and spas must be modified to the extent readily achievable [See § 36.304(g)(5)]	Sections 242 and 1009 of the 2010 Standards
Elements not altered after March 15, 2012	Elements that comply with the requirements for those elements in the 1991 Standards do not need to be modified	Safe Harbor

e) Portable Ramps. Portable ramps should be used to comply with this section only when installation of a permanent ramp is not readily achievable. In order to avoid any significant risk to the health or safety of individuals with disabilities or others in using portable ramps, due consideration shall be given to safety features such as nonslip surfaces, railings, anchoring, and strength of materials.

f) Selling or Serving Space. The rearrangement of temporary or movable structures, such as furniture, equipment, and display racks is not readily achievable to the extent that it results in a significant loss of selling or serving space

g) Limitation on Barrier Removal Obligations.

     1) The requirements for barrier removal under §36.304 shall not be interpreted to exceed the standards for alterations in subpart D of this part.

      2) To the extent that relevant standards for alterations are not provided in subpart D of this part, then the requirements of §36.304 shall not be interpreted to exceed the standards for new construction in subpart D of this part.

     3) This section does not apply to rolling stock and other conveyances to the extent that §36.310 applies to rolling stock and other conveyances.

     4) This requirement does not apply to guest rooms in existing facilities that are places of lodging where the guest rooms are not owned by the entity that owns, leases, or operates the overall facility and the physical features of the guest room interiors are controlled by their individual owners.

     5) With respect to facilities built before March 15, 2012, the requirements in this section for accessible means of entry for swimming pools, wading pools, and spas, as set forth in sections 242 and 1009 of the 2010 Standards, shall not apply until January 31, 2013.

[ADA Title III] §36.305 Alternatives to Barrier Removal.

a) General. Where a public accommodation can demonstrate that barrier removal is not readily achievable, the public accommodation shall not fail to make its goods, services, facilities, privileges, advantages, or accommodations available through alternative methods, if those methods are readily achievable.

b) Examples. Examples of alternatives to barrier removal include, but are not limited to, the following actions –

     1) Providing curb service or home delivery;

     2) Retrieving merchandise from inaccessible shelves or racks;

     3) Relocating activities to accessible locations;

c) Multiscreen Cinemas. If it is not readily achievable to remove barriers to provide access by persons with mobility impairments to all of the theaters of a multiscreen cinema, the cinema shall establish a film rotation schedule that provides reasonable access for individuals who use wheelchairs to all films. Reasonable notice shall be provided to the public as to the location and time of accessible showings.