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

INTRODUCTION

Acknowledgments and Contributions

Primary editing for previous California Guides was performed by Jerry A. Shadix, LEED AP, a licensed architect with extensive experience in accessibility, healthcare facilities, and sustainable architecture practicing in Sacramento, California.

ETA would like to thank Mark Wood and Paul Klein of California Certified Accessibility Specialists, Inc. (CalCasp) for their significant contributions to the initial development of previous versions of this Guide.

Intent

This Guide is intended as a resource for understanding accessibility requirements in California that are essentially architectural, including related communication elements. Its primary focus is the 2022 California Access Compliance Advisory Reference Manual published by the State of California Department of General Services, Division of the State Architect, 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 ADA Standards).

This 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 "ETA Editor's Notes" for clarification, and of hyperlinks for internal cross-referencing and access to external materials and information. 

This Guide does not include requirements from ADA Title I (Employment), Title IV (Telecommunications), Title V (Miscellaneous Provisions), requirements that differ from 2010 ADA Standards 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 ADA Standards) 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 ADA Standards counterpart to a CBC requirement for public accommodations and commercial facilities can be found by deleting the "11B-" prefix to obtain the ADA Standards reference number, although there are numerous exceptions. Evan Terry Associates will continue to revise and update this Pocket Guide as new technical assistance is released and interpretations are provided by federal agencies and DSA-AC, including changes made during the intervening code cycle and any errata that may be published.

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 ADA Standards. Therefore, with very few exceptions, where the CBC accessibility requirements differ from 2010 ADA Standards, 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 ADA Standards appear very similar, the former is a Building Code, and the latter is a Civil Rights Law. Significant implications of this fundamental difference include:

1. 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.

2. 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.

3. 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 applied retroactively), but it can be extremely difficult to identify those after completion. If a Drawing Cover Sheet lists 2022 California Building Code as one of the Applicable Codes, one still must ask, "Which version?" This Guide is based on the initial publication of 2022 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 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 in Microsoft Excel spreadsheet format at http://www.ADAStandardsComparison.com as a free download for all interested parties. 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 Guide to reemphasize this point, including the Special Conditions Appeals, Equivalent Facilitation, and Path of Travel Requirements.

Conventions Used In This Guide

Safe Harbors

When DOJ updated the ADA Regulations and adopted the 2004 ADAAG in 2010, it recognized that many business owners and government 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 Appendix to §36.304(d) of the 2010 Title III ADA Regulations (28 CFR Part 36), noted in the following chart from that Appendix. The requirements for Title II, State and Local Government Facilities, are similar and may be found at 28 CFR Part 35 §35.150(b)(2)(i).

Appendix to §36.304(d) 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 removal in existing facilities, not to new construction. New construction must comply with the 2010 ADA Standards, 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. The scope of this "Safe Harbor" provision is far more limited than that of 2010 ADA Standards, and it is important to note that, when the 2022 CBC became applicable, "the immediately preceding edition of the California Building Code" refers to the 2019 CBC.

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. 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 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 provided hyperlinks from the 2022 CBC requirement to the applicable "Safe Harbor" prescription from the preceding edition. These are identifiable in the text of this document as follows: [Safe Harbor Section or Subsection Number Hyperlink].

There are currently still some uncertainties about how to interpret and apply the Safe Harbor provisions. More information about Safe Harbor provisions may be found throughout Corada by performing a keyword search or by clicking here: Safe Harbor.

Upcoming Revisions to the ADA Standards

Although these topics are out of the scope of this 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

On August 8, 2023, the U.S. Access Board issued a final rule on accessibility guidelines for pedestrian facilities in the public right-of-way. From the Board’s website:

"“The Access Board is proud to issue these guidelines as a critical step toward equal access to the public right-of-way for people with disabilities in America,” remarked Executive Director Sachin Pavithran. “Equal access to pedestrian facilities is crucial because pedestrian travel is the principal means of independent transportation for many people with disabilities.” 

The guidelines cover the minimum scoping and technical requirements for various spaces and elements in the public right-of-way, such as pedestrian access routes, which ensure the accessibility of sidewalks, including alternate access routes when the main route is closed for maintenance or construction. Other highlights in the requirements include accessible pedestrian signals, curb ramps and blended transitions, detectable warning surfaces, crosswalks at roundabouts, on-street parking, transit stops, and street furniture. In addition, the guidelines address shared use paths, which are designed primarily for use by bicyclists, pedestrians and other authorized motorized and non-motorized users for transportation purposes and recreation purposes. 

The public right-of-way accessibility guidelines apply to alterations and additions to existing pedestrian facilities in the public right-of-way as well as newly constructed pedestrian facilities covered under Title II of the Americans with Disabilities Act (ADA), the Architectural Barriers Act (ABA), and Section 504 of the Rehabilitation Act. Title II of the ADA applies to state and local government facilities, and the ABA requires that buildings or facilities that were designed, built, or altered with federal dollars or leased by federal agencies after August 12, 1968 be accessible. Section 504 covers any program or activity receiving federal financial assistance, including those that require compliance with federal regulations established by Department of Housing and Urban Development, the United States Postal Service, and other agencies. 

The guidelines will be mandatory after they are adopted for enforcement by the Department of Justice and the Department of Transportation under Title II of the ADA. They will be mandatory for federal right-of-way once adopted by the General Services Administration, the Department of Defense, the Department of Housing and Urban Development, and the U.S. Postal Service under the ABA, which requires that facilities built or leased by the federal government be accessible to people with disabilities."

2. Passenger Vessels

In June of 2013, the Board released for public comment proposed guidelines for access to ferries, cruise ships, excursion boats, and other passenger vessels under the ADA. That comment period was extended to January 24, 2014. Once finalized, these guidelines will supplement the Board’s ADA Accessibility Guidelines for Transportation Vehicles. 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/pvag.

3. Medical Diagnostic Equipment

From the Board’s website:

“The Access Board has issued a notice of proposed rulemaking (NPRM) to remove the sunset provisions in the our existing accessibility standards for medical diagnostic equipment (MDE) related to the low-height specifications for transfer surfaces, and replace them with a final specification for the low-transfer-height of medical diagnostic equipment used in the supine, prone, side-lying position and the seated position. The NPRM is open for public comment on Regulations.gov until August 31, 2023. More information is available in the Federal Register notice).

The accessibility standards for MDE under the Rehabilitation Act provide design criteria for examination tables and chairs, weight scales, radiological and mammography equipment, and other diagnostic equipment that are accessible to people with disabilities. They include requirements for equipment that necessitates transfer from mobility aids and address transfer surfaces, support rails, armrests, and other features. The Board developed the standards in consultation with the Food and Drug Administration.

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

4. 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.

On January 22, 2018, the Board corrected the final rule to restore provisions for TTY access that were inadvertently omitted.”

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.

5. 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. The Access Board issued an advance notice for public commend on an update of guidelines for rail cars on February 14, 2020. From the Board’s website:

“Under the ADA, the Department of Transportation (DOT) issues and enforces accessibility standards for transportation vehicles that are based on the Board’s ADA Accessibility Guidelines (ADAAG) for Transportation Vehicles. These requirements apply to new or remanufactured vehicles covered by the ADA, including:

• buses and vans

• rail cars (rapid, light, commuter, intercity, high-speed, and monorail)

• automated guideway vehicles

• trams and similar vehicles

DOT’s current vehicle standards are consistent with the Board’s ADAAG as first published in 1991 and supplemented in 1998 for over-the-road buses. The Board is in the process of updating the vehicle guidelines and has finalized updates to sections of guidelines covering buses and vans.

Regulations issued by DOT under the ADA apply these requirements and indicate which vehicles are required to comply. DOT’s ADA regulations also address transportation service and facilities.”

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

6. 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 directed 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 called 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; the report was completed in December 2016.

Several national pharmacy chains now offer talking prescription information for blind customers: CVS (including its mail service company Caremark), Walmart, Walgreens, Rite Aid, and Express Scripts Pharmacy.

On March 18, 2014, CVS announced that it is providing ScripTalk talking prescription labels to customers with visual impairments ordering through cvs.com. The CVS initiative will ensure that cvs.com customers who are blind can access the critical health and safety information provided in a standard print prescription label. The Access Board Working Group’s Final Report Regarding Best Practices for Making Prescription Drug Container Label Information Accessible to Persons who are Blind or Visually-Impaired is referenced in section 3.2 and 3.5 of the agreement that led to the announcement. The agreement and announcement is the result of Structured Negotiations between CVS and the American Council of the Blind, the California Council of the Blind and the American Foundation for the Blind.”

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 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.