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2013 California Standards for Accessible Design Pocket Guide

b)         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 JCAHO 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.

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