2013 California Standards for Accessible Design Pocket Guide
DIVISION 1: APPLICATION AND ADMINISTRATION
This chapter contains scoping and technical requirements for accessibility to sites, facilities, buildings, and elements by individuals with disabilities. The requirements are to be applied during the design, construction, additions to, and alteration of sites, facilities, buildings, and elements to the extent required by Chapter 1, Section 1.9.
[2010 ADAS] 101.1 General. This document contains scoping and technical requirements for accessibility to sites, facilities, buildings, and elements by individuals with disabilities. The requirements are to be applied during the design, construction, additions to, and alteration of sites, facilities, buildings, and elements to the extent required by regulations issued by Federal agencies under the Americans with Disabilities Act of 1990 (ADA).
[ADA Title II] §35.151(a) New construction and alterations; Design and construction.
(1) Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, if the construction was commenced after January 26, 1992.
[ADA Title III] §36.401(a) New construction; General.
(1) Except as provided in paragraphs (b) and (c) of this section, discrimination for purposes of this part includes a failure to design and construct facilities for first occupancy after January 26, 1993, that are readily accessible to and usable by individuals with disabilities.
(2) For purposes of this section, a facility is designed and constructed for first occupancy after January 26, 1993, only –
(i) If the last application for a building permit or permit extension for the facility is certified to be complete, by a State, County, or local government after January 26, 1992 (or, in those jurisdictions where the government does not certify completion of applications, if the last application for a building permit or permit extension for the facility is received by the State, County, or local government after January 26, 1992); and
(ii) If the first certificate of occupancy for the facility is issued after January 26, 1993.
[2010 ADAS] Advisory 101.1 General. In addition to these requirements, covered entities must comply with the regulations issued by the Department of Justice and the Department of Transportation under the Americans with Disabilities Act. There are issues affecting individuals with disabilities which are not addressed by these requirements, but which are covered by the Department of Justice and the Department of Transportation regulations.
11B-101.2 Reserved.
[2010 ADAS] 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.
ETA Editor's Note
While the 2010 ADA Standards and 2013 CBC address new construction and alterations of existing facilities, the ADA Title II and ADA Title III regulations include a Safe Harbor provision for existing facilities. The ADA provisions are inserted immediately below. Chapter 11B of 2013 CBC declines to use the term "Safe Harbor," but contains a limited version of the same principle at Section 11B-202.4, Exception 2. In addition, ADA Title III requires removal of barriers for existing facilities not undergoing alterations as defined in the 2010 ADA Standards, which goes above and beyond responsibilities assigned by CBC. For more information regarding ADA Safe Harbor, go to http://www.adasafeharbor.com/.
[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). |
|
|
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). |
|
|
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.
11B-102 Dimensions for adults and children.
The technical requirements are based on adult dimensions and anthropometrics. In addition, this chapter includes technical requirements based on children's dimensions and anthropometries for drinking fountains, water closets, toilet compartments, lavatories and sinks, dining surfaces, and work surfaces.
11B-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 ADAS] 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.
11B-104.1 Dimensions.
Dimensions that are not stated as "maximum" or "minimum" are absolute.
11B-104.1.1 Construction and manufacturing tolerances.
All dimensions are subject to conventional industry tolerances except where the requirement is stated as a range with specific minimum and maximum end points.
[2010 ADAS] Advisory 104.1.1 Construction and Manufacturing Tolerances. Conventional industry tolerances recognized by this provision include those for field conditions and those that may be a necessary consequence of a particular manufacturing process. Recognized tolerances are not intended to apply to design work.
It is good practice when specifying dimensions to avoid specifying a tolerance where dimensions are absolute. For example, if this document requires "1½ inches," avoid specifying "1½ inches plus or minus X inches."
Where the requirement states a specified range, such as in 609.4 where grab bars must be installed between 33 inches and 36 inches above the floor, the range provides an adequate tolerance and therefore no tolerance outside of the range at either end point is permitted.
Where a requirement is a minimum or a maximum dimension that does not have two specific minimum and maximum end points, tolerances may apply. Where an element is to be installed at the minimum or maximum permitted dimension, such as "15 inches minimum" or "5 pounds maximum," it would not be good practice to specify "5 pounds (plus X pounds) or 15 inches (minus X inches)." Rather, it would be good practice to specify a dimension less than the required maximum (or more than the required minimum) by the amount of the expected field or manufacturing tolerance and not to state any tolerance in conjunction with the specified dimension.
Specifying dimensions in design in the manner described above will better ensure that facilities and elements accomplish the level of accessibility intended by these requirements. It will also more often produce an end result of strict and literal compliance with the stated requirements and eliminate enforcement difficulties and issues that might otherwise arise. Information on specific tolerances may be available from industry or trade organizations, code groups and building officials, and published references.
Conventional building industry tolerances include those for field conditions and those that may be a necessary consequence of a particular manufacturing process. Recognized tolerances are not intended to apply to design work.
Where accessibility provisions state a dimensional range, such as Section 11B-505.4 which requires the top of stair handrails to be installed between 34 inches and 38 inches above the nosing, the range already provides an adequate tolerance, therefore, no tolerance outside the range at either end point is permitted.
An element designed to be constructed at either the maximum or minimum permitted dimensions puts the construction at risk if construction errors result in a violation of the standards. It is good practice to specify a dimension less than the required maximum (or more than the required minimum) by the amount of the expected field or manufacturing tolerance and not to state any tolerance in conjunction with the specified dimension.
In other words, dimensions noted in accessibility provisions as “maximum” or “minimum” should not be considered dimensions for design, as they represent the limits of a requirement. To be sure that field tolerances result in usable construction, notes and dimensions in construction documents should anticipate expected tolerances so that a required dimensional range is not exceeded by the addition of a finish or a variation in construction practice.
Specifying dimensions in design in the manner described above will better ensure that facilities and elements accomplish the level of accessibility intended by the provision. It will also more often produce an end result of strict and literal compliance with the stated requirements and eliminate enforcement difficulties and issues that might otherwise arise. ◼
ETA Editor’s Note:
For additional information go to ADA Tolerances - Additional Resources or keyword search "Tolerance."
11B-104.2 Calculation of percentages.
Where the required number of elements or facilities to be provided is determined by calculations of ratios or percentages and remainders or fractions result, the next greater whole number of such elements or facilities shall be provided. Where the determination of the required size or dimension of an element or facility involves ratios or percentages, rounding down for values less than one half shall be permitted.
11B-104.3 Figures.
Unless specifically stated otherwise, figures are provided for informational purposes only.
FIGURE 11B-104
GRAPHIC CONVENTION FOR FIGURES
11B-106.1 General.
For the purpose of this chapter, the terms listed in Section 11B-106.5 and defined in Chapter 2 have the indicated meaning.
11B-106.2 Terms defined in referenced standards.
Terms not listed in Section 11B-106.5 and not defined in Chapter 2, Section 202, but specifically defined in a referenced standard, shall have the specified meaning from the referenced standard unless otherwise stated.
11B-106.3 Undefined terms.
The meaning of terms not specifically listed in Section 11B-106.5, and not defined in Chapter 2, Section 202, or in referenced standards shall be as defined by collegiate dictionaries in the sense that the context implies.
11B-106.4 Interchangeability.
See Chapter 2, Section 201.2.
11B-106.5 Defined terms.
The following terms are defined in Chapter 2, Section 202.
ETA Editor's Note
Since hyperlinks are provided throughout this Pocket Guide where certain defined terms are used, the list of defined terms in 2013 CBC Chapter 11B is omitted. The definitions of those terms, as well as terms defined in ADA, are located in Section 202. For simplicity, the following terms defined in Section 202 do not have hyperlinks, unless the Editor has judged that the particular context may benefit from the added clarity of the definition:
Accessible
Accessible Space
Addition
ANSI
Approved
Building
Building Official
CCR
Clear
Comply with
Disability
Element
Enforcing Agency
Exit
Facility
Health Care Provider
Handrail
Historic Buildings
If, If ... Then
Kitchen or Kitchenette
May
NFPA
Nosing
Pedestrian
Permanent
Permit
Private Building or Facility
Recommend
Remodeling
Repair
Riser
Shall
Should
Signage
Site
Space
Stair
Story
Structural Frame
Structure
Tactile
Temporary
Tread
Walk
Wheelchair
11B-107 Special conditions appeals action.
See Chapter 1, Section 1.9.1.5.
11B-108 Maintenance of accessible features.
A public accommodation shall maintain in operable working condition those features of facilities and equipment that are required to be accessible to and useable by persons with disabilities. Isolated or temporary interruptions in service or accessibility due to maintenance or repairs shall be permitted.
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