SECTION
202 - DEFINITIONS
UNREASONABLE HARDSHIP. When the enforcing agency finds that compliance with the building standard would make the specific work of the project affected by the building standard infeasible, based on an overall evaluation of the following factors:
1.The cost of providing access.
2.The cost of all construction contemplated.
3.The impact of proposed improvements on financial feasibility of the project.
4.The nature of the accessibility which would be gained or lost.
5.The nature of the use of the facility under construction and its availability.
The details of any finding of unreasonable hardship shall be recorded and entered in the files of the enforcing agency.
INTERPRETATION
Two types of unreasonable hardship exist in CBC Chapter 11B. One type, as defined in Section 202, applies to all projects regardless of the construction cost of the project. The second type applies to alterations, structural repairs, or additions that do not exceed a valuation threshold specified in Section 11B.202.4, Exception 8.
All Projects
All projects, regardless of construction cost, are eligible for unreasonable hardship as defined in Section 202. Requests for unreasonable hardship for accessibility requirements must be submitted by the applicant to the OSHPD Regional Supervisor on OSHPD Form OSH-FD-800 "Application for Unreasonable Hardship Exception to Accessibility Requirements." Such finding of unreasonable hardship does not constitute a waiver from other applicable accessibility code requirements.
Unless otherwise specified in the code, equivalent facilitation must be provided when unreasonable hardship is requested and granted. Section 202 defines equivalent facilitation as "the use of designs, products or technologies as alternatives to those prescribed, resulting in substantially equivalent or greater accessibility and usability." In some instances, the code specifies the equivalent facilitation requirements. In instances where the code does not specify the equivalent facilitation requirement, the applicant requesting the unreasonable hardship must propose the means by which equivalent facilitation will be achieved. The proposed equivalent facilitation must be submitted with the request for unreasonable hardship.
Alterations, Structural Repairs, or Additions Below Valuation Threshold
See Section 11B-202.4, Exception 8 in this CAN.
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