2022 California Standards for Accessible Design Guide (effective January 1, 2023)
EQUIVALENT FACILITATION.
[DSA-AC] The use of designs, products, or technologies as alternatives to those prescribed, resulting in substantially equivalent or greater accessibility and usability.
Note: In determining equivalent facilitation, consideration shall be given to means that provide for the maximum independence of persons with disabilities while presenting the least risk of harm, injury or other hazard to such persons or others.
[2010 ADA Standards] 103 Equivalent Facilitation. Nothing in these requirements prevents the use of designs, products, or technologies as alternatives to those prescribed, provided they result in substantially equivalent or greater accessibility and usability.
[2010 ADA Standards] Advisory 103 Equivalent Facilitation. The responsibility for demonstrating equivalent facilitation in the event of a challenge rests with the covered entity. With the exception of transit facilities, which are covered by regulations issued by the Department of Transportation, there is no process for certifying that an alternative design provides equivalent facilitation.
ETA Editor's Note
The acceptance of an Equivalent Facilitation argument by a Local Building Official or other Authority Having Jurisdiction does not warrant that the standards for Equivalent Facilitation expected for ADA compliance are met, since those entities have no authority to certify ADA compliance, and consistently state that they do not review for it. Due diligence is advised whenever Equivalent Facilitation is proposed in lieu of strict compliance with stated scoping and/or technical requirements.
When designs rely on Equivalent Facilitation for compliance, the designer, and any other responsible parties, must verify that the designs, products or technologies actually result in substantially equivalent or greater accessibility and usability for people with all disability types who would have been accommodated by a design meeting the stated requirements.
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