SECTION
11B-202 Existing buildings and facilities
11B-202.4 Path of travel requirements in alterations, additions and structural repairs
Exceptions:
8. When the adjusted construction cost is less than or equal to the current valuation threshold, as defined in Chapter 2, Section 202, the cost of compliance with Section 11B-202.4 shall be limited to 20 percent of the adjusted construction cost of alterations, structural repairs or additions. When the cost of full compliance with Section 11B-202.4 would exceed 20 percent, compliance shall be provided to the greatest extent possible without exceeding 20 percent.
When the adjusted construction cost exceeds the current valuation threshold, as defined in Chapter 2, Section 202, and the enforcing agency determines the cost of compliance with Section 11B-202.4 is an unreasonable hardship, as defined in Chapter 2, Section 202, full compliance with Section 11B-202.4 shall not be required. Compliance shall be provided by equivalent facilitation or to the greatest extent possible without creating an unreasonable hardship; but in no case shall the cost of compliance be less than 20 percent of the adjusted construction cost of alterations, structural repairs or additions. The details of the finding of unreasonable hardship shall be recorded and entered into the files of the enforcing agency and shall be subject to Chapter 1, Section 1.9.1.5, Special Conditions for Persons with Disabilities Requiring Appeals Action Ratification.
For purposes of this section, the adjusted construction cost of alterations, structural repairs or additions shall not include the cost of alterations to path of travel elements required to comply with Section 11B-204.
INTERPRETATION
The adjusted construction cost shall be provided by the applicant as either an estimate of construction costs or as an actual contract amount and shall include the cost of fixed equipment, imaging equipment, and the fair market value of any labor or materials provided by the owner. The construction cost shall exclude design fees, inspection fees, and off-site work in accordance with California Administrative Code (CAC) Section 7-111. Note that Exception 8 defines "adjusted" as not inclusive of the cost of alterations to path of travel elements required to comply with Section 11B-202.4.
Applicants may file a request for unreasonable hardship (see definition and application under Section 202) if the cost of upgrading all the elements listed above exceeds 20 percent of the project cost without these elements. The request must be submitted on OSHPD Form OSH-FD-800 "Application for Unreasonable Hardship Exception to Accessibility Requirements." The applicant must submit the request to the Regional Supervisor and must substantiate the hardship with detailed construction cost estimates. If the unreasonable hardship request is approved, a minimum of 20 percent of the project cost without accessible features is required to be spent on accessible features. Applicants may use the Comment and Process Review (CPR) procedure when OSHPD denies a hardship request.
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