2019 California Standards for Accessible Design Guide (effective January 1, 2020 with July 1, 2021 amendments)

Including selected excerpts from the Americans with Disabilities Act and Safe Harbor criteria

Effective January 1, 2020

Version 1.0

COMPILED and © 2019 by EVAN TERRY ASSOCIATES, LLC

BIRMINGHAM, ALABAMA

(205) 972-9100

www.EvanTerry.com

ETA@EvanTerry.com

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 2019 California Building Code (2019 CBC) Chapter 11B - Accessibility to Public Buildings, Public Accommodations, Commercial Buildings and Public Housing, 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. Lastly, it includes references to the 2016 California Building Code (2016 CBC) that may represent "Safe Harbors" for existing elements -- see subsequent discussion.

This Guide does not attempt to cover housing accessibility requirements comprehensively. It includes 2019 CBC Chapter 11A - Housing Accessibility requirements only to the extent that these have been adopted by DSA-AC for applicability to Public Housing. Requirements of the Fair Housing Act are not included.

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 2019 California Building Code as one of the Applicable Codes, one still must ask, "Which version?" This Guide is based on the initial publication of 2019 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, excerpted here:

11B-202.4 Path of travel requirements in alterations, additions and structural repairs. When alterations or additions are made to existing buildings or facilities, an accessible path of travel to the specific area of alteration or addition shall be provided. The primary accessible path of travel shall include:

1. A primary entrance to the building or facility,

2. Toilet and bathing facilities serving the area,

3. Drinking fountains serving the area,

4. Public telephones serving the area, and

5. Signs.

Exceptions:

1. …

2. If the following elements of a path of travel have been constructed or altered in compliance with the accessibility requirements of the immediately preceding edition of the California Building Code, it shall not be required to retrofit such elements to reflect the incremental changes in this code solely because of an alteration to an area served by those elements of the path of travel:

     1. A primary entrance to the building or facility,

     2. Toilet and bathing facilities serving the area,

     3. Drinking fountains serving the area,

     4. Public telephones serving the area, and

     5. Signs.

3-10. …

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 2019 CBC becomes applicable, "the immediately preceding edition of the California Building Code" will refer to 2016 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 identified three of these and has provided hyperlinks from the 2019 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

Public Rights-of-Way Guidelines are still under study by the Access Board, DOJ and DOT. From the Board’s website:

“Sidewalks, street crossings, and other elements in the public right-of-way can pose challenges to accessibility. The Board’s ADA and ABA Accessibility Guidelines focus mainly on facilities on sites. While they address certain features common to public sidewalks, such as curb ramps, further guidance is necessary to address conditions and constraints unique to public rights-of-way. 

The Board is developing new guidelines for public rights-of-way that will address various issues, including access for blind pedestrians at street crossings, wheelchair access to on-street parking, and various constraints posed by space limitations, roadway design practices, slope, and terrain. The new guidelines will cover pedestrian access to sidewalks and streets, including crosswalks, curb ramps, street furnishings, pedestrian signals, parking, and other components of public rights-of-way. The Board’s aim in developing these guidelines is to ensure that access for persons with disabilities is provided wherever a pedestrian way is newly built or altered, and that the same degree of convenience, connection, and safety afforded the public generally is available to pedestrians with disabilities. Once these guidelines are adopted by the Department of Justice, they will become enforceable standards under title II of the ADA.”

Until they are adopted, an excellent publication, Designing Sidewalks and Trails for Access Part II of II: Best Practices Design Guide, has been published by the Board and the Federal Highway Administration and can be downloaded for free at http://www.fhwa.dot.gov/environment/bicycle_pedestrian/publications/sidewalk2/index.cfm.

2. Shared Use Paths

From the Board’s website:

“Shared use paths provide a means of off-road transportation and recreation for various users, including pedestrians, bicyclists, skaters, and others, including people with disabilities. In its rulemaking on public rights-of-way and on trails and other outdoor developed areas, comments from the public urged the Board to address access to shared use paths since they are distinct from sidewalks and trails. Shared use paths, unlike most sidewalks, are physically separated from streets by an open space or barrier. They also differ from trails because they are designed not just for recreation purposes but for transportation as well.

In response, the Board is supplementing its rulemaking on public rights-of-way to also cover shared use paths. The proposed rights-of-way guidelines, which address access to sidewalks, streets, and other pedestrian facilities, provide requirements for pedestrian access routes, including specifications for route width, grade, cross slope, surfaces, and other features. The Board proposes to apply these and other relevant requirements to shared use paths as well. This supplementary rulemaking also would add provisions tailored to shared use paths into the rights-of-way guidelines.”

In February 2013, the Board released for public comment proposed requirements for accessible shared use paths used by pedestrians, bicyclists, and others for transportation or recreation. More information can be found on the Access Board’s website at http://www.Access-Board.gov/Guidelines-and-Standards/Streets-Sidewalks.

3. Emergency Transportable Housing

From the Board’s website:

“The Board has issued guidelines for temporary housing provided by the government in emergencies and natural disasters. Emergency transportable housing units, which are designed and manufactured for transport over roadways, have a smaller footprint than other types of housing and pose unique accessibility challenges. Access to such housing was found to be problematic in the aftermath of hurricanes Katrina and Rita in 2005. The new guidelines supplement the Board's ADA and ABA Accessibility Guidelines by adding provisions and exceptions that specifically address emergency transportable housing. The Board developed these guidelines according to recommendations from an advisory panel it organized, the Emergency Transportable Housing Advisory Committee, which included representation from disability groups, industry and code groups, and government agencies. Once these guidelines are adopted into the ABA Standards by the Department of Housing and Urban Development and into the ADA Standards by the Department of Justice, they will be enforceable standards.”

More information can be found on the Access Board’s website at https://www.access-board.gov/guidelines-and-standards/buildings-and-sites/emergency-transportable-housing.

4. 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 http://www.Access-Board.gov/Guidelines-and-Standards/Transportation.

5. Medical Diagnostic Equipment

On January 9, 2017, new accessibility standards were published in the Federal Register for medical diagnostic equipment. From the Board’s website:

“The Board has issued accessibility standards for medical diagnostic equipment under section 510 of the Rehabilitation Act. These standards provide design criteria for examination tables and chairs, including those used for dental or optical exams and procedures, weight scales, radiological equipment, mammography equipment and other equipment used for diagnostic purposes by health professionals. The standards address equipment that requires transfer from wheelchairs and other mobility aids and include requirements for transfer surfaces, support rails, armrests, compatibility with lift devices, and other features. Equipment that accommodates mobility devices without transfer is also covered.

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

For the most up-to-date information regarding effective date, visit the Access Board’s website at https://www.access-board.gov/guidelines-and-standards/health-care/about-this-rulemaking.

6. Classroom Acoustics

The Board is undertaking rulemaking to address acoustics in classrooms by referencing a voluntary consensus standard developed by the Acoustical Society of America (ASA) with support from the Board. Accredited by the American National Standards Institute (ANSI), the “ANSI/ASA S12.60-2010 American National Standard Acoustical Performance Criteria, Design Requirements, and Guidelines for Schools (Parts 1 and 2)” set specific criteria for maximum background noise and reverberation time in classrooms. Consistent with long-standing recommendations for good practice in educational settings, the standard set specific criteria for maximum background noise (35 decibels) and reverberation time (0.6 to 0.7 seconds) for unoccupied classrooms. Once these guidelines are adopted by the Department of Justice, they will become enforceable standards under the ADA. More information may be found on the Access Board’s website at http://www.Access-Board.gov/Guidelines-and-Standards/Buildings-and-Sites.

7. 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.

8. 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. 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

9. Outdoor Developed Areas

From the Board’s website:

“Achieving accessibility in outdoor environments has long been a source of inquiry due to challenges and constraints posed by terrain, the degree of development, construction practices and materials, and other factors.

The Board has issued requirements that are now part of the Architectural Barriers Act (ABA) Accessibility Standards and apply to national parks and other outdoor areas developed by the federal government. They do not apply to outdoor areas developed with federal grants or loans. A guide that explains these requirements also is available.

The new provisions address access to trails, picnic and camping areas, viewing areas, beach access routes and other components of outdoor developed areas on federal sites when newly built or altered. They also provide exceptions for situations where terrain and other factors make compliance impracticable. The new requirements are located in sections F201.4, F216.3, F244 to F248, and 1011 to 1019 of the ABA Standards.

The Board intends to develop guidelines for non-federal outdoor sites covered by the Americans with Disabilities Act (ADA) and areas developed with federal grants and loans covered by the ABA through a subsequent rulemaking.”

Until the final ADA guidelines are published, following these guidelines should provide strong evidence that public entities are meeting their program access requirements under the ADA.

More information can be found on the Access Board’s website at https://www.access-board.gov/guidelines-and-standards/recreation-facilities/outdoor-developed-areas

10. 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.

CHAPTER 1 SCOPE AND ADMINISTRATION

DIVISION I: CALIFORNIA ADMINISTRATION

SECTION 1.1 GENERAL

1.1.1 Title.

These regulations shall be known as the California Building Code, may be cited as such and will be referred to herein as "this code." The California Building Code is Part 2 of thirteen parts of the official compilation and publication of the adoption, amendment and repeal of building regulations to the California Code of Regulations, Title 24, also referred to as the California Building Standards Code. This part incorporates by adoption the 2018 International Building Code of the International Code Council with necessary California amendments.

Advisory 1.1.1 Title. The 2019 triennial edition of California Code of Regulations, Title 24 consists of 12 parts:

• Part 1 – California Building Standards Administrative Code
• Part 2 – California Building Code
• Part 2.5 – California Residential Code
• Part 3 – California Electrical Code
• Part 4 – California Mechanical Code
• Part 5 – California Plumbing Code
• Part 6 – California Energy Code
• Part 8 – California Historical Building Code
• Part 9 – California Fire Code
• Part 10 – California Existing Building Code
• Part 11 – California Green Building Standards Code
• Part 12 – California Referenced Standards Code ◼

1.1.2 Purpose.

The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, access to persons with disabilities, sanitation, adequate lighting and ventilation and energy conservation; safety to life and property from fire and other hazards attributed to the built environment; and to provide safety to fire fighters and emergency responders during emergency operations.

Advisory 1.1.2 Purpose. CA H&S Code §19955 et al. requires public accommodations and facilities constructed in this state with private funds to adhere to the accessibility provisions of Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of the Government Code. Under CA H&S Code §19958, city and county building departments have the responsibility to enforce the statutory requirements of CA H&S Code §19955 et al. and CA Gov. Code §4450 et al.

CA Gov. Code §4450(a) requires buildings and facilities constructed in this state by the use of state, county, or municipal funds, or the funds of any political subdivision of the state shall conform to the building standards published in the California Building Standards Code relating to access for persons with disabilities and the other regulations adopted pursuant to Section 4450. CA Gov. Code §4453 vests enforcement authority to the Director of the Department of General Services (generally delegated to the Division of the State Architect) where state funds are utilized for any project or where funds of counties, municipalities, or other political subdivisions are utilized for the construction of elementary, secondary, or community college projects. Additionally, CA Gov. Code §4453 vests enforcement authority to the governing bodies thereof where funds of counties, municipalities, or other political subdivisions are utilized except as otherwise provided above. ◼

1.1.3 Scope.

The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures throughout the State of California.

Advisory 1.1.3 Scope. The California Building Code (CBC) accessibility provisions are applicable to new construction projects as well as alterations (as defined) of existing buildings and facilities. In alteration projects, these provisions apply to the area of new work, and include the path of travel requirements found in Section 11B-202.4. ◼

1.1.3.1 Nonstate-regulated buildings, structures, and applications.

Except as modified by local ordinance pursuant to Section 1.1.8, the following standards in the California Code of Regulations, Title 24, Parts 2, 2.5, 3, 4, 5, 6, 9, 10 and 11 shall apply to all occupancies and applications not regulated by a state agency.

1.1.3.2 State-regulated buildings, structures, and applications.

The model code, state amendments to the model code, and/or state amendments where there are no relevant model code provisions shall apply to the following buildings, structures, and applications regulated by state agencies as specified in Sections 1.2 through 1.14, except where modified by local ordinance pursuant to Section 1.1.8. When adopted by a state agency, the provisions of this code shall be enforced by the appropriate enforcing agency, but only to the extent of authority granted to such agency by the state legislature.

Note: See "How to Distinguish Between Model Code Language and California Amendments" in the front of the code.

1. State-owned buildings, including buildings constructed by the Trustees of the California State University, and to the extent permitted by California laws, buildings designed and constructed by the Regents of the University of California, and regulated by the Building Standards Commission. See Section 1.2 for additional scope provisions. 
2. Local detention facilities regulated by the Board of State and Community Corrections. See Section 1.3 for additional scope provisions. 
3. Barbering, cosmetology or electrolysis establishments, acupuncture offices, pharmacies, veterinary facilities, and structural pest control locations regulated by the Department of Consumer Affairs. See Section 1.4 for additional scope provisions.
4. Section 1.5 reserved for the California Energy Commission. 
5. Dairies and places of meat inspection regulated by the Department of Food and Agriculture. See Section 1.6 for additional scope provisions. 
6. Organized camps, laboratory animal quarters, public swimming pools, radiation protection, commissaries serving mobile food preparation vehicles and wild animal quarantine facilities regulated by the Department of Public Health. See Section 1.7 for additional scope provisions.
7. Hotels, motels, lodging houses, apartments, dwellings, dormitories, condominiums, shelters for homeless persons, congregate residences, employee housing, factory-built housing and other types of dwellings containing sleeping accommodations with or without common toilets or cooking facilities. See Section 1.8.2.1.1 for additional scope provisions. 
8. Accommodations for persons with disabilities in buildings containing newly constructed covered multifamily dwellings, new common use areas serving existing covered multifamily dwellings, additions to existing buildings where the addition alone meets the definition of covered multifamily dwellings, and new common-use areas serving new covered multifamily dwellings, which are regulated by the Department of Housing and Community Development. See Section 1.8.2.1.2 for additional scope provisions. 
9. Permanent buildings and permanent accessory buildings or structures constructed within mobile-home parks and special occupancy parks regulated by the Department of Housing and Community Development. See Section 1.8.2.1.3 for additional scope provisions.
10. Accommodations for persons with disabilities regulated by the Division of the State Architect. See Section 1.9.1 for additional scope provisions.
11. Public elementary and secondary schools, community college buildings and state-owned or state-leased essential service buildings regulated by the Division of the State Architect. See Section 1.9.2 for additional scope provisions.
12. Qualified historical buildings and structures and their associated sites regulated by the State Historical Building Safety Board with the Division of the State Architect. See Section 1.9.3 for additional scope provisions. 
13. General acute care hospitals, acute psychiatric hospitals, skilled nursing and/or intermediate care facilities, clinics licensed by the Department of Public Health and correctional treatment centers regulated by the Office of Statewide Health Planning and Development. See Section 1.10 for additional scope provisions.
14. Applications regulated by the Office of the State Fire Marshal include, but are not limited to, the following in accordance with Section 1.11.

        14.1. Buildings or structures used or intended for use as an: 

               1. Asylum, jail, prison

               2. Mental hospital, hospital, home for the elderly, children’s nursery, children’s home or institution, school or any similar occupancy of any capacity

               3. Theater, dancehall, skating rink, auditorium, assembly hall, meeting hall, nightclub, fair building or similar place of assemblage where 50 or more persons may gather together in a building, room or structure for the purpose of amusement, entertainment, instruction, deliberation, worship, drinking or dining, awaiting transportation, or education

               4. Small family day-care homes, large family day-care homes, residential facilities and residential facilities for the elderly, residential care facilities

               5. State institutions or other state-owned or state-occupied buildings

               6. High rise structures

               7. Motion picture production studios

               8. Organized camps

               9. Residential structures

        14.2. Tents, awnings or other fabric enclosures used in connection with any occupancy

        14.3. Fire alarm devices, equipment and systems in connection with any occupancy

        14.4. Hazardous materials, flammable and combustible liquids

        14.5. Public school automatic fire detection, alarm, and sprinkler systems

        14.6. Wildland-urban interface fire areas

15. Public libraries constructed and renovated using funds from the California Library Construction and Renovation Bond Act of 1988 and regulated by the State Librarian. See Section 1.12 for additional scope provisions. 

16. Section 1.13 reserved for the Department of Water Resources. 

17. For applications listed in Section 1.9.1 regulated by the Division of the State Architect – Access Compliance, outdoor environments and uses shall be classified according to accessibility uses described in Chapter 11B. 

18. Marine Oil Terminals regulated by the California State Lands Commission. See Section 1.14 for additional scope provisions.

1.1.4 Appendices.

Provisions contained in the appendices of this code shall not apply unless specifically adopted by a state agency or adopted by a local enforcing agency in compliance with Health and Safety Code Section 18901 et. seq. for Building Standards Law, Health and Safety Code Section 17950 for State Housing Law and Health and Safety Code Section 13869.7 for Fire Protection Districts. See Section 1.1.8 of this code.

1.1.5 Referenced codes.

The codes, standards and publications adopted and set forth in this code, including other codes, standards and publications referred to therein are, by title and date of publication, hereby adopted as standard reference documents of this code. When this code does not specifically cover any subject related to building design and construction, recognized architectural or engineering practices shall be employed. The National Fire Codes, standards, and the Fire Protection Handbook of the National Fire Protection Association are permitted to be used as authoritative guides in determining recognized fire prevention engineering practices.

1.1.6 Nonbuilding standards, orders and regulations.

Requirements contained in the California Building Code, or in any other referenced standard, code or document, which are not building standards as defined in Health and Safety Code Section 18909, shall not be construed as part of the provisions of this code. For nonbuilding standards, orders, and regulations, see other titles of the California Code of Regulations.

1.1.7 Order of precedence and use.

1.1.7.1 Differences.

In the event of any differences between these building standards and the standard reference documents, the text of these building standards shall govern.

1.1.7.2 Specific provisions.

Where a specific provision varies from a general provision, the specific provision shall apply.

1.1.7.3 Conflicts.

When the requirements of this code conflict with the requirements of any other part of the California Building Standards Code, Title 24, the most restrictive requirements shall prevail.

1.1.7.3.1 Detached one- and two-family dwellings.

Detached one- and two-family dwellings, lodging houses, live/work units, townhouses not more than three stories above grade plane in height with a separate means of egress, and their accessory structures, may be designed and constructed in accordance with this code or the California Residential Code, but not both, unless the proposed structure(s) or element(s) exceed the design limitations established in the California Residential Code, and the code user is specifically directed by the California Residential Code to use this code.

1.1.8 City, county, or city and county amendments, additions or deletions.

The provisions of this code do not limit the authority of city, county, or city and county governments to establish more restrictive and reasonably necessary differences to the provisions contained in this code pursuant to complying with Section 1.1.8.1. The effective date of amendments, additions or deletions to this code by a city, county, or city and county filed pursuant to Section 1.1.8.1 shall be the date filed. However, in no case shall the amendments, additions or deletions to this code be effective any sooner than the effective date of this code.

Local modifications shall comply with Health and Safety Code Section 18941.5 for Building Standards Law, Health and Safety Code Section 17958 for State Housing Law or Health and Safety Code Section 13869.7 for Fire Protection Districts.

1.1.8.1 Findings and filings.

1. The city, county, or city and county shall make express findings for each amendment, addition or deletion based upon climatic, topographical or geological conditions.

Exception: Hazardous building ordinances and programs mitigating unreinforced masonry buildings.

2. The city, county, or city and county shall file the amendments, additions or deletions expressly marked and identified as to the applicable findings. Cities, counties, cities and counties, and fire departments shall file the amendments, additions or deletions, and the findings with the California Building Standards Commission at 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833.

3. Findings prepared by fire protection districts shall be ratified by the local city, county or city and county and filed with the California Department of Housing and Community Development, Division of Codes and Standards, P.O. Box 278180, Sacramento, CA 95827 or 9342 Tech Center Drive, Suite 500, Sacramento, CA 95826.

1.1.8.2 Locally adopted energy standards - California Energy Code, Part 6.

In addition to the provisions of Section 1.1.8.1 of this part, the provisions of this section shall apply to a city, county, and cities and counties adopting local energy standards applicable to buildings and structures subject to the California Energy Code, Part 6.

Applicable provisions of Public Resources Code Section 25402.1(h)(2) and applicable provisions of Section 10-106, Chapter 10 of California Administrative Code, Part 1 apply to locally adopted energy standards amending the California Energy Code, Part 6.

1.1.9 Effective date of this code.

Only those standards approved by the California Building Standards Commission that are effective at the time an application for building permit is submitted shall apply to the plans and specifications for, and to the construction performed under, that permit. For the effective dates of the provisions contained in this code, see the History Note page of this code.

1.1.10 Availability of codes.

At least one complete copy each of Titles 8, 19, 20, 24, and 25 with all revisions shall be maintained in the office of the building official responsible for the administration and enforcement of this code. Each state department concerned and each city, county or city and county shall have an up-to-date copy of the code available for public inspection, See Health and Safety Code Section 18942(e)(1) and (2).

1.1.11 Format.

This part fundamentally adopts the International Building Code by reference on a chapter-by-chapter basis. When a specific chapter of the International Building Code is not printed in the code and is marked “Reserved”, such chapter of the International Building Code is not adopted as a portion of this code. When a specific chapter of the International Building Code is marked “Not adopted by the State of California” but appears in the code, it may be available for adoption by local ordinance.

Note: Matrix Adoption Tables at the front of each chapter may aid the code user in determining which chapter or sections within a chapter are applicable to buildings under the authority of a specific state agency, but they are not to be considered regulatory.

1.1.12 Validity.

If any chapter, section, subsection, sentence, clause or phrase of this code is for any reason held to be unconstitutional, contrary to statute, exceeding the authority of the state as stipulated by statutes or otherwise inoperative, such decision shall not affect the validity of the remaining portion of this code.

SECTION 1.2 BUILDING STANDARDS COMMISSION

1.2.3 Alternative materials, design and methods of construction and equipment.

The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.

SECTION 1.9 DIVISION OF THE STATE ARCHITECT

1.9.1 Division of the State Architect - Access Compliance.

General. The purpose of this code is to ensure that barrier-free design is incorporated in all buildings, facilities, site work and other improvements to which this code applies in compliance with state law to ensure that these improvements are accessible to and usable by persons with disabilities. Additions, alterations and structural repairs in all buildings and facilities shall comply with these provisions for new buildings, except as otherwise provided and specified herein.

The provisions of these regulations shall apply to any portable buildings leased or owned by a school district, and shall also apply to temporary and emergency buildings and facilities. Temporary buildings and facilities are not of permanent construction but are extensively used or are essential for public use for a period of time. Examples of temporary buildings or facilities covered include, but are not limited to: reviewing stands, temporary classrooms, bleacher areas, exhibit areas, temporary banking facilities, temporary health screening services, or temporary safe pedestrian passageways around a construction site.

Advisory 1.9.1 General.  Temporary facilities and emergency construction are both required to comply with the CBC regulations for accessibility. See CA Gov. Code §4451(e). ◼

In addition, to incorporate standards at least as restrictive as those required by the federal government for barrier-free design under (1) Title III (Public Accommodations and Commercial Facilities), Subpart D (New Construction and Alteration)  (see 28 C.F.R., Part 36), and (2) Title II (Public Entities), Section 35.151 (New Construction and Alterations) (see 28 C.F.R., Part 35) both from the Americans with Disabilities Act of 1990, 2004 Americans with Disabilities Act Accessibility Guidelines, as adopted by the U.S. Department of Justice (see 36 C.F.R. Part 1191, Appendices B and D), and (3) under the Fair Housing Amendments Act of 1988. Some of these regulations may be more stringent than state law in order to meet the federal requirement.

1.9.1.1 Application

See Government Code commencing with Section 4450.

Publicly funded buildings, structures, sidewalks, curbs and related facilities shall be accessible to and usable by persons with disabilities as follows:

Advisory 1.9.1.1 Application. Not only does publicly funded mean state funds, but it also means county funds, municipal funds or the funds of any political subdivision of the state. When public funds are provided by other sources and transferred to a state, county, municipality or other political subdivision of the state, the entity that collects and controls the distribution of the public funds becomes the funding source, and subject to the requirements of this section. ◼

1.9.1.1.1 All buildings, structures, sidewalks, curbs and related facilities constructed in the state by the use of state, county or municipal funds, or the funds of any political subdivision of the state. For public housing see Section 1.9.1.3.

1.9.1.1.2 All buildings, structures and facilities that are leased, rented, contracted, sublet or hired by any municipal, county or state division of government, or by a special district. For public housing see Section 1.9.1.3.

Advisory 1.9.1.1.2.  Leases per se, unless alterations occur, do not directly “trigger” construction code requirements. The lessee of public accommodations should be aware that readily achievable barrier removal is an ongoing obligation under the ADA and may require physical alterations to the building or facility in compliance with the accessibility provisions in the building code. For public entities, leasing should be focused on selecting accessible sites, buildings and facilities. The Department of General Services requires newly leased facilities, and lease renewals, to be accessible by first surveying the facility for code compliance and then making necessary corrections where public programs are provided and in employee common-use areas, restrooms, break rooms, parking, etc. ◼

1.9.1.1.3 All existing publicly funded buildings and facilities when alterations, structural repairs or additions are made to such buildings or facilities. For detailed requirements on existing buildings, see Chapter 11B, Division 2, Section 11B-202. For public housing see Section 1.9.1.3.

1.9.1.1.4 With respect to buildings, structures, sidewalks, curbs and related facilities not requiring a building permit, building standards published in the California Building Standards Code relating to access for persons with disabilities and other regulations adopted pursuant to Government Code Section 4450, and in effect at the time construction is commenced, shall be applicable.

Advisory 1.9.1.1.4. Some construction such as parking lot resurfacing, re-striping parking stalls, sidewalk repair and cabinet installations do not always require building permits. In such cases, the code in place on the date of any construction would be the effective code for such work. ◼

1.9.1.2 Application.

See Health and Safety Code commencing with Section 19952.

All privately funded public accommodations, as defined, and commercial facilities, as defined, shall be accessible to persons with disabilities as follows:

Exception: Certain types of privately funded multistory buildings do not require installation of an elevator to provide access above and below the first floor. See Chapter 11B.

1.9.1.2.1 Any building, structure, facility, complex or improved area, or portions thereof, which are used by the general public.

Advisory 1.9.1.2.1. The term "used by the general public" is frequently misinterpreted to mean only facilities which are publicly owned. However, the term actually means facilities made available to the public, and often includes privately owned buildings and facilities. ◼

1.9.1.2.2 Any sanitary facilities which are made available for the public, clients or employees in such accommodations or facilities.

1.9.1.2.3 Any curb or sidewalk intended for public use that is constructed in this state with private funds.

1.9.1.2.4 All existing privately funded public accommodations when alterations, structural repairs or additions are made to such public accommodations as set forth under Chapter 11B.

1.9.1.3 Application - public housing.

See Government Code Section 12955.1(c) and the definition for public housing in Chapter 2.

1.9.1.4 Enforcing agency.

Advisory 1.9.1.4 Enforcing agency. State and local enforcement levels of government could have overlapping jurisdiction under Title 24. For accessibility, in State-funded tenant improvements to State-leased facilities, the local jurisdiction must be aware of DGS’ jurisdictional authority and DSA’s jurisdictional approvals necessary for State-funded construction. See commentary, Section 1.9.1.4.1. ◼

1.9.1.4.1 The director of the Department of General Services where state funds are utilized for any project or where funds of counties, municipalities or other political subdivisions are utilized for the construction of elementary, secondary or community college projects.

Advisory 1.9.1.4.1. CA Gov. Code §4453(a) vests enforcement authority to the Director of the Department of General Services (generally delegated to the Division of the State Architect) where state funds are utilized for any project or where funds of counties, municipalities, or other political subdivisions are utilized for the construction of elementary, secondary, or community college projects. ◼

1.9.1.4.2 The governing bodies where funds of counties, municipalities or other political subdivisions are utilized except as otherwise provided above.

Advisory 1.9.1.4.2. CA Gov. Code §4453(b) vests enforcement authority to the governing bodies thereof when funds of counties, municipalities or other political subdivisions are utilized. ◼

1.9.1.4.3 The building department of every city, county, or city and county within the territorial area of its city, county or city and county, where private funds are utilized.

“Building department” means the department, bureau or officer charged with the enforcement of laws or ordinances regulating the erection or construction, or both the erection and construction, of buildings.

1.9.1.5 Special conditions for persons with disabilities requiring appeals action ratification.

Whenever reference is made in these regulations to this section, the findings and determinations required to be rendered by the local enforcing agency shall be subject to ratification through an appeals process.

Advisory 1.9.1.5 Special conditions for persons with disabilities requiring appeals action ratification.  California statutes and the California Building Standards Commission regulations allow Equivalent Facilitation for public accommodations or facilities built with private funds whenever a determination of Unreasonable Hardship is granted by the local enforcing agency or building department. (Reference CA H&S C. §19957)

When buildings and facilities are constructed with state, county or municipal funds, or the funds of any political subdivision of the state, administrative authorities may grant exceptions from the literal requirements of the building standards only when it is clearly evident that equivalent facilitation and protection that meets or exceeds the requirements under federal law are secured. (Reference CA Gov. C. §4451(f))

California Health and Safety Code §19957.5 provides that every city, county, or city and county may appoint a local appeals board to hear written appeals regarding the action taken by the building department. ◼

1.9.1.6 Authority cited.

Government Code Section 4450.

1.9.1.7 Reference cited.

Government Code Sections 4450 through 4461 and 12955.1(c) and Health and Safety Code Sections 18949.1, 19952 through 19959.

1.9.1.8 Adopting agency identification.

The provisions of this code applicable to buildings identified in this Subsection 1.9.1 will be identified in the Matrix Adoption Tables under the acronym DSA-AC.

DIVISION II: SCOPE AND ADMINISTRATION

Note: Sections adopted or amended by state agencies are specifically indicated by an agency banner.

PART 1—SCOPE AND APPLICATION

SECTION 101 GENERAL

101.1 Title.

These regulations shall be known as the Building Code of [NAME OF JURISDICTION], hereinafter referred to as “this code.”

101.2 Scope.

The provisions of this code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

Exception:  Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height, shall comply with this code or the California Residential Code.

101.2.1 Appendices.

Provisions in the appendices shall not apply unless specifically adopted.

101.3 Intent.

The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire, explosion and other hazards, and to provide safety to fire fighters and emergency responders during emergency operations.

101.4 Referenced codes.

The other codes listed in Sections 101.4.1 through 101.4.7 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference.

101.4.1 Gas.

The provisions of the California Mechanical Code shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories.

101.4.2 Mechanical.

The provisions of the California Mechanical Code shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems.

101.4.3 Plumbing.

The provisions of the California Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the California Plumbing Code shall apply to private sewage disposal systems.

101.4.4 Property maintenance.

The provisions of the California Existing Building Code shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.

101.4.5 Fire prevention.

The provisions of the California Fire Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression, automatic sprinkler systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation.

SECTION 104 DUTIES AND POWERS OF BUILDING OFFICIAL

104.11 Alternative materials, design and methods of construction and equipment.

The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the building official shall respond in writing, stating the reasons why the alternate was not approved.

SECTION 111 CERTIFICATE OF OCCUPANCY

111.2 Certificate issued.

After the building official inspects the building or structure and does not find violations of the provisions of this code or other laws that are enforced by the department of building safety, the building official shall issue a certificate of occupancy that contains the following:

1. The building permit number.
2. The address of the structure.
3. The name and address of the owner or the owner's authorized agent.
4. A description of that portion of the structure for which the certificate is issued.
5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.
6. The name of the building official.
7. The edition of the code under which the permit was issued.
8. The use and occupancy, in accordance with the provisions of Chapter 3.
9. The type of construction as defined in Chapter 6.
10. The design occupant load.
11. If an automatic sprinkler system is provided, whether the sprinkler system is required.
12. Any special stipulations and conditions of the building permit.

CHAPTER 2 DEFINITIONS

SECTION 201 GENERAL

201.1 Scope.

Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meanings shown in this chapter.

201.2 Interchangeability.

Words used in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular.

SECTION 202 DEFINITIONS

[ADA Title II §35.104] 1991 Standards means the requirements set forth in the ADA Standards for Accessible Design, originally published on July 26, 1991, and republished as Appendix D to 28 CFR part 36.

[ADA Title III §36.104] 1991 Standards means requirements set forth in the ADA Standards for Accessible Design, originally published on July 26, 1991, and republished as Appendix D to this part.

[ADA Title II §35.104] 2004 ADAAG means the requirements set forth in appendices B and D to 36 CFR part 1191 (2009).

[ADA Title III §36.104] 2004 ADAAG means the requirements set forth in appendices B and D to 36 CFR part 1191 (2009).

[ADA Title II §35.104] 2010 Standards means the 2010 ADA Standards for Accessible Design, which consist of the 2004 ADAAG and the requirements contained in §35.151.

[ADA Title III §36.104] 2010 Standards means the 2010 ADA Standards for Accessible Design, which consist of the 2004 ADAAG and the requirements contained in subpart D of this part.

ACCESS AISLE.

[DSA-AC] An accessible pedestrian space adjacent to or between parking spaces that provides clearances in compliance with this code.

ACCESSIBILITY.

[DSA-AC & HCD 1-AC] Accessibility is the combination of various elements in a building, facility, site, or area, or portion thereof which allows access, circulation and the full use of the building and facilities by persons with disabilities in compliance with this code.

ACCESSIBILITY FUNCTION BUTTON.

[DSA-AC] A button on an elevator hall call console in a destination-oriented elevator system that when pressed will activate a series of visual and verbal prompts and announcements providing instruction regarding hall call console operation and direction to an assigned elevator.

ACCESSIBLE.

[DSA-AC & HCD 1-AC] A site, building, facility, or portion thereof that is approachable and usable by persons with disabilities in compliance with this code.

ACCESSIBLE ELEMENT.

[DSA-AC] An element specified by the regulations adopted by the Division of the State Architect-Access Compliance.

Advisory Definition of ACCESSIBLE ELEMENT.  An ACCESSIBLE ELEMENT can include a room, area, route, feature or device which provides accessibility for persons with disabilities. ◼

ACCESSIBLE MEANS OF EGRESS.

A continuous and unobstructed way of egress travel from any accessible point in a building or facility to a public way.

[2010 ADA Standards 106.5] Accessible Means of Egress. A continuous and unobstructed way of egress travel from any point in a building or facility that provides an accessible route to an area of refuge, a horizontal exit, or a public way.

ACCESSIBLE ROUTE.

[DSA-AC & HCD 1-AC] A continuous unobstructed path connecting accessible elements and spaces of an accessible site, building or facility that can be negotiated by a person with a disability using a wheelchair, and that is also safe for and usable by persons with other disabilities. Interior accessible routes may include corridors, hallways, floors, ramps, elevators and lifts. Exterior accessible routes may include parking access aisles, curb ramps, crosswalks at vehicular ways, walks, ramps and lifts.

ACCESSIBLE SPACE.

[DSA-AC & HCD 1-AC] A space that complies with the accessibility provisions of this code.

ADAPTABLE.

[DSA-AC] Capable of being readily modified and made accessible.

Advisory Definition of ADAPTABLE. This term means that elements can be modified or adjusted to accommodate the needs of a specific user. As part of the initial design and construction, for example, structural backing would be provided for the later installation of grab bars, base cabinets under kitchen sinks would be removable without the use of specialized tools or specialized knowledge, or countertops would be repositionable. ◼

ADDITION.

[DSA-AC] An expansion, extension or increase in the gross floor area or height of a building or facility.

ADJUSTED CONSTRUCTION COST.

[DSA-AC] All costs directly related to the construction of a project, including labor, material, equipment, services, utilities, contractor financing, contractor overhead and profit, and construction management costs. The costs shall not be reduced by the value of components, assemblies, building equipment or construction not directly associated with accessibility or usability. The adjusted construction cost shall not include: project management fees and expenses, architectural and engineering fees, testing and inspection fees, and utility connection or service district fees.

ADMINISTRATIVE AUTHORITY.

[DSA-AC] A governmental agency that adopts or enforces regulations and guidelines for the design, construction or alteration of buildings and facilities.

ADULT CHANGING FACILITY.

A facility that is for use by persons with disabilities who need assistance with personal hygiene.

AISLE.

[DSA-AC] A circulation path between objects such as seats, tables, merchandise, equipment, displays, shelves, desks, etc., that provides clearances in compliance with this code.

ALTERATION.

[DSA-AC] A change, addition or modification in construction, change in occupancy or use, or structural repair to an existing building or facility. Alterations include, but are not limited to, remodeling, renovation, rehabilitation, reconstruction, historic restoration, resurfacing of circulation paths or vehicular ways, changes or rearrangement of the structural parts or elements, and changes or rearrangement in the plan configuration of walls and full-height partitions. Normal maintenance, reroofing, painting or wallpapering, or changes to mechanical and electrical systems are not alterations unless they affect the usability of the building or facility.

AMUSEMENT ATTRACTION.

[DSA-AC] Any facility, or portion of a facility, located within an amusement park or theme park which provides amusement without the use of an amusement device. Amusement attractions include, but are not limited to, fun houses, barrels and other attractions without seats.

AMUSEMENT RIDE.

[DSA-AC] A system that moves persons through a fixed course within a defined area for the purpose of amusement.

AMUSEMENT RIDE SEAT.

[DSA-AC] A seat that is built-in or mechanically fastened to an amusement ride intended to be occupied by one or more passengers.

ANSI.

[DSA-AC] The American National Standards Institute.

APPROVED.

[HCD 1, HCD 2 & DSA-AC] “Approved” means meeting the approval of the enforcing agency, except as otherwise provided by law, when used in connection with any system, material, type of construction, fixture or appliance as the result of investigations and tests conducted by the agency, or by reason of accepted principles or tests by national authorities or technical, health, or scientific organizations or agencies.

APPROVED TESTING AGENCY.

[HCD 1, HCD 2, DSA-AC & OSHPD 1, 1R, 2, 4 & 5]  Any agency, which is determined by the enforcing agency, except as otherwise provided by law, to have adequate personnel and expertise to carry out the testing of systems, materials, types of construction, fixtures or appliances.

AREA OF REFUGE.

An area where persons unable to use stairways can remain temporarily to await instructions or assistance during emergency evacuation.

AREA OF SPORT ACTIVITY.

That portion of an indoor or outdoor space where the play or practice of a sport occurs.

ASSEMBLY AREA.

[DSA-AC] A building or facility, or portion thereof, used for the purpose of entertainment, educational or civic gatherings, or similar purposes. For the purposes of these requirements, assembly areas include, but are not limited to, classrooms, lecture halls, courtrooms, public meeting rooms, public hearing rooms, legislative chambers, motion picture houses, auditoria, theaters, playhouses, dinner theaters, concert halls, centers for the performing arts, amphitheaters, arenas, stadiums, grandstands, or convention centers.

Advisory Definition of ASSEMBLY AREA. The application of the accessibility provisions of this code is based upon the use of the space rather than the occupancy classification. For example, an assembly area may or may not be a Group A Occupancy. A large conference room in a Group B Occupancy or a multi-purpose area in a Group E Occupancy may be an assembly area. ◼

ASSISTIVE LISTENING SYSTEM (ALS).

[DSA-AC] An amplification system utilizing transmitters, receivers, and coupling devices to bypass the acoustical space between a sound source and a listener by means of induction loop, radio frequency, infrared, or direct-wired equipment.

AUTOMATIC DOOR.

A door equipped with a power operated mechanism and controls that open and close the door automatically upon receipt of a momentary actuating signal. The switch that begins the automatic cycle may be a photoelectric device, floor mat or manual switch.

AUTOMATIC TELLER MACHINE (ATM).

[DSA-AC] Any electronic information processing device that accepts or dispenses cash in connection with a credit, deposit or convenience account. The term does not include devices used solely to facilitate check guarantees or check authorizations, or which are used in connection with the acceptance or dispensing of cash on a person-to-person basis, such as by a store cashier.

BATHROOM.

For the purposes of Chapters 11A and 11B, a room which includes a water closet (toilet), a lavatory, and a bathtub and/or a shower. It does not include single-fixture facilities or those with only a water closet and lavatory. It does include a compartmented bathroom. A compartmented bathroom is one in which the fixtures are distributed among interconnected rooms. A compartmented bathroom is considered a single unit and is subject to the requirements of Chapters 11A and 11B.

BLENDED TRANSITION.

[DSA-AC] A raised pedestrian crossing, depressed corner or similar connection that has a grade of 5 percent or less a circulation path at the level of the sidewalk or walk and the level of a vehicular way.

BOARDING PIER.

[DSA-AC] A portion of a pier where a boat is temporarily secured for the purpose of embarking or disembarking.

BOAT LAUNCH RAMP.

[DSA-AC] A sloped surface designed for launching and retrieving trailered boats and other water craft to and from a body of water.

BOAT SLIP.

[DSA-AC] That portion of a pier, main pier, finger pier or float where a boat is moored for the purpose of berthing, embarking or disembarking.

BOTTLE FILLING STATION.

A fixture that is designed and intended for filling personal use drinking water bottles or containers. Such fixtures can be separate from or integral to a drinking fountain.

BUILDING.

Any structure utilized or intended for supporting or sheltering any occupancy.

Advisory Definition of BUILDING. The accessibility standards generally apply to buildings and facilities. Parking lots, play areas, patios, constructed trails, man-made outdoor areas are often not considered to be buildings. Rather, these elements are generally considered to be facilities. See the definition of FACILITY. ◼

BUILDING OFFICIAL.

The officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative.

CATCH POOL.

[DSA-AC] A pool or designated section of a pool used as a terminus for water slide flumes.

CCR.

[DSA-AC] The California Code of Regulations.

CHARACTERS.

Letters, numbers, punctuation marks and typographic symbols.

CHILDREN’S USE.

[DSA-AC] Describes spaces and elements specifically designed for use primarily by people 12 years old and younger.

CIRCULATION PATH.

[DSA-AC] An exterior or interior way of passage provided for pedestrian travel, including but not limited to, walks, sidewalks, hallways, courtyards, elevators, platform lifts, ramps, stairways and landings.

Advisory Definition of CIRCULATION PATH. A CIRCULATION PATH is a pedestrian route provided within a building, facility or site and may or may not (in the case of stairs) include an accessible route of travel. Whenever the accessible route diverges from the regular circulation path signage may be required to identify the departure from the regular route if not obvious. ◼

CLEAR.

[DSA-AC] Unobstructed.

CLEAR FLOOR SPACE.

[DSA-AC & HCD 1-AC] The minimum unobstructed floor or ground space required to accommodate a single, stationary wheelchair and occupant.

CLOSED-CIRCUIT TELEPHONE.

[DSA-AC] A telephone with a dedicated line such as a house phone, courtesy phone or phone that must be used to gain entry to a facility.

[ADA Title III §36.104] Commerce means travel, trade, traffic, commerce, transportation, or communication –

(1) Among the several States;

(2) Between any foreign country or any territory or possession and any State; or

(3) Between points in the same State but through another State or foreign country.

COMMERCIAL FACILITIES.

[DSA-AC] Facilities whose operations will affect commerce and are intended for non-residential use by a private entity. Commercial facilities shall not include (1) facilities that are covered or expressly exempted from coverage under the Fair Housing Act of 1968, as amended (42 U.S.C. 3601 - 3631); (2) aircraft; or (3) railroad locomotives, railroad freight cars, railroad cabooses, commuter or intercity passenger rail cars (including coaches, dining cars, sleeping cars, lounge cars and food service cars), any other railroad cars described in Section 242 of the Americans With Disabilities Act or covered under Title II of the Americans With Disabilities Act, or railroad rights-of-way. For purposes of this definition, "rail" and "railroad" have the meaning given the term "railroad" in Section 202(e) of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431(e)).

[ADA Title III §36.104] Commercial facilities means facilities –

(1) Whose operations will affect commerce;

(2) That are intended for nonresidential use by a private entity; and

(3) That are not –

(i) Facilities that are covered or expressly exempted from coverage under the Fair Housing Act of 1968, as amended (42 U.S.C. 3601 - 3631);

(ii) Aircraft; or

(iii) Railroad locomotives, railroad freight cars, railroad cabooses, commuter or intercity passenger rail cars (including coaches, dining cars, sleeping cars, lounge cars, and food service cars), any other railroad cars described in section 242 of the Act or covered under title II of the Act, or railroad rights-of-way. For purposes of this definition, "rail" and "railroad" have the meaning given the term "railroad" in section 202(e) of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431(e)).

COMMERCIAL PLACE OF PUBLIC AMUSEMENT.

[DSA-AC] An auditorium, convention center, cultural complex, exhibition hall, permanent amusement park, sports arena, theater or movie house for which the maximum occupancy is 2,500 or more for the facility. Cultural complexes include but are not limited to art galleries, symphony, concert halls, and museums. A commercial place of public amusement does not include any public or private higher education facility or district agricultural associations.

COMMON USE.

Interior or exterior circulation paths, rooms, spaces or elements that are not for public use and are made available for the shared use of two or more people.

Advisory Definition of COMMON USE. Employees, tenants or staff and their guests may jointly utilize common use areas where the public is not permitted general access. An example of a common use area would be a laundry room or community room within a homeless shelter. Examples of common use areas within an office building may include a break room, employee lounge, employee exercise facility or employee locker room. ◼

COMPLY WITH.

[DSA-AC] Comply with means to meet one or more provisions of this code.

CROSS SLOPE.

The slope that is perpendicular to the direction of travel.

CURB CUT.

An interruption of a curb at a pedestrian way, which separates surfaces that are substantially at the same elevation.

CURB RAMP.

A sloping prepared surface, intended for pedestrian traffic, which provides access between a walk or sidewalk and a surface located above or below an adjacent curb face.

[2010 ADA Standards 106.5] Curb Ramp. A short ramp cutting through a curb or built up to it.

DESIGNATED PUBLIC TRANSPORTATION.

[DSA-AC] Transportation provided by a public entity (other than public school transportation) by bus, rail, or other conveyance (other than transportation by aircraft or intercity or commuter rail transportation) that provides the general public with general or special service, including charter service, on a regular and continuing basis.

DESTINATION-ORIENTED ELEVATOR.

[DSA-AC] Destination-oriented elevators are operated by the user selecting a destination floor at a hall call console located at or near an elevator landing. The destination-oriented elevator system then assigns an elevator car which transports the user to the selected destination floor. Destination-oriented elevators do not provide floor selection within elevator cars.

DETECTABLE WARNING.

A standardized surface feature built in or applied to walking surfaces or other elements to warn persons with visual impairments of hazards on a circulation path.

Advisory Definition of DETECTABLE WARNING. Curbs can be used by pedestrians with vision impairments to detect the boundary between a sidewalk and a vehicular way. Curb ramps remove the needed cues for persons with visual impairments; detectable warnings have been developed as a replacement cue and warning to indicate the presence of a vehicular way. ◼

DIRECTIONAL SIGN.

[DSA-AC, HCD 1 & HCD 2]. A publicly displayed notice which indicates by use of words or symbols a recommended direction or route of travel.

DISABILITY.

[DSA-AC] Disability is (1) a physical or mental impairment that limits one or more of the major life activities of an individual, (2) a record of such an impairment, or (3) being regarded as having such an impairment.

Advisory Definition of DISABILITY. This is the definition of disability used and defined in the Americans with Disabilities Act of 1990. ◼

[ADA Title II §35.108] Definition of "disability.

(a)

(1) Disability means, with respect to an individual:

i. A physical or mental impairment that substantially limits one or more of the major life activities of such individual;

ii. A record of such an impairment; or

iii. Being regarded as having such an impairment as described in paragraph (f) of this section.

(2) Rules of construction.

i. The definition of “disability” shall be construed broadly in favor of expansive coverage, to the maximum extent permitted by the terms of the ADA.

ii. An individual may establish coverage under any one or more of the three prongs of the definition of “disability” in paragraph (a)(1) of this section, the “actual disability” prong in paragraph (a)(1)(i) of this section, the “record of” prong in paragraph (a)(1)(ii) of this section, or the “regarded as” prong in paragraph (a)(1)(iii) of this section.

iii. Where an individual is not challenging a public entity's failure to provide reasonable modifications under §35.130(b)(7), it is generally unnecessary to proceed under the “actual disability” or “record of” prongs, which require a showing of an impairment that substantially limits a major life activity or a record of such an impairment. In these cases, the evaluation of coverage can be made solely under the “regarded as” prong of the definition of “disability,” which does not require a showing of an impairment that substantially limits a major life activity or a record of such an impairment. An individual may choose, however, to proceed under the “actual disability” or “record of” prong regardless of whether the individual is challenging a public entity's failure to provide reasonable modifications.

(b)

(1) Physical or mental impairment means:

i. Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin, and endocrine; or

ii. Any mental or psychological disorder such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disability.

(2) Physical or mental impairment includes, but is not limited to, contagious and noncontagious diseases and conditions such as the following: orthopedic, visual, speech, and hearing impairments, and cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disability, emotional illness, dyslexia and other specific learning disabilities, Attention Deficit Hyperactivity Disorder, Human Immunodeficiency Virus infection (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism.

(3) Physical or mental impairment does not include homosexuality or bisexuality.

(c)

(1) Major life activities include, but are not limited to:

i. Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, writing, communicating, interacting with others, and working; and

ii. The operation of a major bodily function, such as the functions of the immune system, special sense organs and skin, normal cell growth, and digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive systems. The operation of a major bodily function includes the operation of an individual organ within a body system.

(2) Rules of construction.

i. In determining whether an impairment substantially limits a major life activity, the term major shall not be interpreted strictly to create a demanding standard.

ii. Whether an activity is a major life activity is not determined by reference to whether it is of central importance to daily life.

(d) Substantially limits—

(1) Rules of construction. The following rules of construction apply when determining whether an impairment substantially limits an individual in a major life activity.

i. The term “substantially limits” shall be construed broadly in favor of expansive coverage, to the maximum extent permitted by the terms of the ADA. “Substantially limits” is not meant to be a demanding standard.

ii. The primary object of attention in cases brought under title II of the ADA should be whether public entities have complied with their obligations and whether discrimination has occurred, not the extent to which an individual's impairment substantially limits a major life activity. Accordingly, the threshold issue of whether an impairment substantially limits a major life activity should not demand extensive analysis.

iii. An impairment that substantially limits one major life activity does not need to limit other major life activities in order to be considered a substantially limiting impairment.

iv. An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.

v. An impairment is a disability within the meaning of this part if it substantially limits the ability of an individual to perform a major life activity as compared to most people in the general population. An impairment does not need to prevent, or significantly or severely restrict, the individual from performing a major life activity in order to be considered substantially limiting. Nonetheless, not every impairment will constitute a disability within the meaning of this section.

vi. The determination of whether an impairment substantially limits a major life activity requires an individualized assessment. However, in making this assessment, the term “substantially limits” shall be interpreted and applied to require a degree of functional limitation that is lower than the standard for substantially limits applied prior to the ADA Amendments Act.

vii. The comparison of an individual's performance of a major life activity to the performance of the same major life activity by most people in the general population usually will not require scientific, medical, or statistical evidence. Nothing in this paragraph (d)(1) is intended, however, to prohibit or limit the presentation of scientific, medical, or statistical evidence in making such a comparison where appropriate.

viii. The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures. However, the ameliorative effects of ordinary eyeglasses or contact lenses shall be considered in determining whether an impairment substantially limits a major life activity. Ordinary eyeglasses or contact lenses are lenses that are intended to fully correct visual acuity or to eliminate refractive error.

ix. The six-month “transitory” part of the “transitory and minor” exception in paragraph (f)(2) of this section does not apply to the “actual disability” or “record of” prongs of the definition of “disability.” The effects of an impairment lasting or expected to last less than six months can be substantially limiting within the meaning of this section for establishing an actual disability or a record of a disability.

(2) Predictable assessments.

i. The principles set forth in the rules of construction in this section are intended to provide for more generous coverage and application of the ADA's prohibition on discrimination through a framework that is predictable, consistent, and workable for all individuals and entities with rights and responsibilities under the ADA.

ii. Applying these principles, the individualized assessment of some types of impairments will, in virtually all cases, result in a determination of coverage under paragraph (a)(1)(i) of this section (the “actual disability” prong) or paragraph (a)(1)(ii) of this section (the “record of” prong). Given their inherent nature, these types of impairments will, as a factual matter, virtually always be found to impose a substantial limitation on a major life activity. Therefore, with respect to these types of impairments, the necessary individualized assessment should be particularly simple and straightforward.

iii. For example, applying these principles it should easily be concluded that the types of impairments set forth in paragraphs (d)(2)(iii)(A) through (K) of this section will, at a minimum, substantially limit the major life activities indicated. The types of impairments described in this paragraph may substantially limit additional major life activities (including major bodily functions) not explicitly listed in paragraphs (d)(2)(iii)(A) through (K).

(A) Deafness substantially limits hearing;

(B) Blindness substantially limits seeing;

(C) Intellectual disability substantially limits brain function;

(D) Partially or completely missing limbs or mobility impairments requiring the use of a wheelchair substantially limit musculoskeletal function;

(E) Autism substantially limits brain function;

(F) Cancer substantially limits normal cell growth;

(G) Cerebral palsy substantially limits brain function;

(H) Diabetes substantially limits endocrine function;

(I) Epilepsy, muscular dystrophy, and multiple sclerosis each substantially limits neurological function;

(J) Human Immunodeficiency Virus (HIV) infection substantially limits immune function; and

(K) Major depressive disorder, bipolar disorder, post-traumatic stress disorder, traumatic brain injury, obsessive compulsive disorder, and schizophrenia each substantially limits brain function.

(3) Condition, manner, or duration.

i. At all times taking into account the principles set forth in the rules of construction, in determining whether an individual is substantially limited in a major life activity, it may be useful in appropriate cases to consider, as compared to most people in the general population, the conditions under which the individual performs the major life activity; the manner in which the individual performs the major life activity; or the duration of time it takes the individual to perform the major life activity, or for which the individual can perform the major life activity.

ii. Consideration of facts such as condition, manner, or duration may include, among other things, consideration of the difficulty, effort or time required to perform a major life activity; pain experienced when performing a major life activity; the length of time a major life activity can be performed; or the way an impairment affects the operation of a major bodily function. In addition, the non-ameliorative effects of mitigating measures, such as negative side effects of medication or burdens associated with following a particular treatment regimen, may be considered when determining whether an individual's impairment substantially limits a major life activity.

iii. In determining whether an individual has a disability under the “actual disability” or “record of” prongs of the definition of “disability,” the focus is on how a major life activity is substantially limited, and not on what outcomes an individual can achieve. For example, someone with a learning disability may achieve a high level of academic success, but may nevertheless be substantially limited in one or more major life activities, including, but not limited to, reading, writing, speaking, or learning because of the additional time or effort he or she must spend to read, write, speak, or learn compared to most people in the general population.

iv. Given the rules of construction set forth in this section, it may often be unnecessary to conduct an analysis involving most or all of the facts related to condition, manner, or duration. This is particularly true with respect to impairments such as those described in paragraph (d)(2)(iii) of this section, which by their inherent nature should be easily found to impose a substantial limitation on a major life activity, and for which the individualized assessment should be particularly simple and straightforward.

(4) Mitigating measures include, but are not limited to:

i. Medication, medical supplies, equipment, appliances, low-vision devices (defined as devices that magnify, enhance, or otherwise augment a visual image, but not including ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aid(s) and cochlear implant(s) or other implantable hearing devices, mobility devices, and oxygen therapy equipment and supplies;

ii. Use of assistive technology;

iii. Reasonable modifications or auxiliary aids or services as defined in this regulation;

iv. Learned behavioral or adaptive neurological modifications; or

v. Psychotherapy, behavioral therapy, or physical therapy.

(e) Has a record of such an impairment.

(1) An individual has a record of such an impairment if the individual has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.

(2) Broad construction. Whether an individual has a record of an impairment that substantially limited a major life activity shall be construed broadly to the maximum extent permitted by the ADA and should not demand extensive analysis. An individual will be considered to fall within this prong of the definition of “disability” if the individual has a history of an impairment that substantially limited one or more major life activities when compared to most people in the general population, or was misclassified as having had such an impairment. In determining whether an impairment substantially limited a major life activity, the principles articulated in paragraph (d)(1) of this section apply.

(3) Reasonable modification. An individual with a record of a substantially limiting impairment may be entitled to a reasonable modification if needed and related to the past disability.

(f) Is regarded as having such an impairment. The following principles apply under the “regarded” as prong of the definition of “disability” (paragraph (a)(1)(iii) of this section):

(1) Except as set forth in paragraph (f)(2) of this section, an individual is “regarded as having such an impairment” if the individual is subjected to a prohibited action because of an actual or perceived physical or mental impairment, whether or not that impairment substantially limits, or is perceived to substantially limit, a major life activity, even if the public entity asserts, or may or does ultimately establish, a defense to the action prohibited by the ADA.

(2) An individual is not “regarded as having such an impairment” if the public entity demonstrates that the impairment is, objectively, both “transitory” and “minor.” A public entity may not defeat “regarded as” coverage of an individual simply by demonstrating that it subjectively believed the impairment was transitory and minor; rather, the public entity must demonstrate that the impairment is (in the case of an actual impairment) or would be (in the case of a perceived impairment), objectively, both “transitory” and “minor.” For purposes of this section, “transitory” is defined as lasting or expected to last six months or less.

(3) Establishing that an individual is “regarded as having such an impairment” does not, by itself, establish liability. Liability is established under title II of the ADA only when an individual proves that a public entity discriminated on the basis of disability within the meaning of title II of the ADA, 42 U.S.C. 12131-12134.

(g) Exclusions. The term “disability” does not include—

(1) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;

(2) Compulsive gambling, kleptomania, or pyromania; or

(3) Psychoactive substance use disorders resulting from current illegal use of drugs.

[ADA Title III §36.105] § 36.105 Definition of “disability.”

(a)

(1) Disability means, with respect to an individual:

i. A physical or mental impairment that substantially limits one or more of the major life activities of such individual;

ii. A record of such an impairment; or

ii. Being regarded as having such an impairment as described in paragraph (f) of this section.

(2) Rules of construction.

i. The definition of “disability” shall be construed broadly in favor of expansive coverage, to the maximum extent permitted by the terms of the ADA.

ii. An individual may establish coverage under any one or more of the three prongs of the definition of “disability” in paragraph (a)(1) of this section, the “actual disability” prong in paragraph (a)(1)(i) of this section, the “record of” prong in paragraph (a)(1)(ii) of this section, or the “regarded as” prong in paragraph (a)(1)(iii) of this section.

iii. Where an individual is not challenging a public accommodation's failure to provide reasonable modifications under §36.302, it is generally unnecessary to proceed under the “actual disability” or “record of” prongs, which require a showing of an impairment that substantially limits a major life activity or a record of such an impairment. In these cases, the evaluation of coverage can be made solely under the “regarded as” prong of the definition of “disability,” which does not require a showing of an impairment that substantially limits a major life activity or a record of such an impairment. An individual may choose, however, to proceed under the “actual disability” or “record of” prong regardless of whether the individual is challenging a public accommodation's failure to provide reasonable modifications.

(b)

(1) Physical or mental impairment means:

i. Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as: Neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin, and endocrine; or

ii. Any mental or psychological disorder such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disability.

(2) Physical or mental impairment includes, but is not limited to, contagious and noncontagious diseases and conditions such as the following: Orthopedic, visual, speech and hearing impairments, and cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disability, emotional illness, dyslexia and other specific learning disabilities, Attention Deficit Hyperactivity Disorder, Human Immunodeficiency Virus infection (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism.

(3) Physical or mental impairment does not include homosexuality or bisexuality.

(c)

(1) Major life activities include, but are not limited to:

i. Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, writing, communicating, interacting with others, and working; and

ii. The operation of a major bodily function, such as the functions of the immune system, special sense organs and skin, normal cell growth, and digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive systems. The operation of a major bodily function includes the operation of an individual organ within a body system.

(2) Rules of construction.

i. In determining whether an impairment substantially limits a major life activity, the term major shall not be interpreted strictly to create a demanding standard.

ii. Whether an activity is a major life activity is not determined by reference to whether it is of central importance to daily life.

(d) Substantially limits—

(1) Rules of construction. The following rules of construction apply when determining whether an impairment substantially limits an individual in a major life activity.

i. The term “substantially limits” shall be construed broadly in favor of expansive coverage, to the maximum extent permitted by the terms of the ADA. “Substantially limits” is not meant to be a demanding standard.

ii. The primary object of attention in cases brought under title III of the ADA should be whether public accommodations have complied with their obligations and whether discrimination has occurred, not the extent to which an individual's impairment substantially limits a major life activity. Accordingly, the threshold issue of whether an impairment substantially limits a major life activity should not demand extensive analysis.

iii. An impairment that substantially limits one major life activity does not need to limit other major life activities in order to be considered a substantially limiting impairment.

iv. An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.

v. An impairment is a disability within the meaning of this part if it substantially limits the ability of an individual to perform a major life activity as compared to most people in the general population. An impairment does not need to prevent, or significantly or severely restrict, the individual from performing a major life activity in order to be considered substantially limiting. Nonetheless, not every impairment will constitute a disability within the meaning of this section.

vi. The determination of whether an impairment substantially limits a major life activity requires an individualized assessment. However, in making this assessment, the term “substantially limits” shall be interpreted and applied to require a degree of functional limitation that is lower than the standard for substantially limits applied prior to the ADA Amendments Act.

vii. The comparison of an individual's performance of a major life activity to the performance of the same major life activity by most people in the general population usually will not require scientific, medical, or statistical evidence. Nothing in this paragraph (d)(1) is intended, however, to prohibit or limit the presentation of scientific, medical, or statistical evidence in making such a comparison where appropriate.

viii. The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures. However, the ameliorative effects of ordinary eyeglasses or contact lenses shall be considered in determining whether an impairment substantially limits a major life activity. Ordinary eyeglasses or contact lenses are lenses that are intended to fully correct visual acuity or to eliminate refractive error.

ix. The six-month “transitory” part of the “transitory and minor” exception in paragraph (f)(2) of this section does not apply to the “actual disability” or “record of” prongs of the definition of “disability.” The effects of an impairment lasting or expected to last less than six months can be substantially limiting within the meaning of this section for establishing an actual disability or a record of a disability.

(2) Predictable assessments.

i. The principles set forth in the rules of construction in this section are intended to provide for more generous coverage and application of the ADA's prohibition on discrimination through a framework that is predictable, consistent, and workable for all individuals and entities with rights and responsibilities under the ADA.

ii. Applying these principles, the individualized assessment of some types of impairments will, in virtually all cases, result in a determination of coverage under paragraph (a)(1)(i) of this section (the “actual disability” prong) or paragraph (a)(1)(ii) of this section (the “record of” prong). Given their inherent nature, these types of impairments will, as a factual matter, virtually always be found to impose a substantial limitation on a major life activity. Therefore, with respect to these types of impairments, the necessary individualized assessment should be particularly simple and straightforward.

iii. For example, applying these principles it should easily be concluded that the types of impairments set forth in paragraphs (d)(2)(iii)(A) through (K) of this section will, at a minimum, substantially limit the major life activities indicated. The types of impairments described in this paragraph may substantially limit additional major life activities (including major bodily functions) not explicitly listed in paragraphs (d)(2)(iii)(A) through (K).

(A) Deafness substantially limits hearing;

(B) Blindness substantially limits seeing;

(C) Intellectual disability substantially limits brain function;

(D) Partially or completely missing limbs or mobility impairments requiring the use of a wheelchair substantially limit musculoskeletal function;

(E) Autism substantially limits brain function;

(F) Cancer substantially limits normal cell growth;

(G) Cerebral palsy substantially limits brain function;

(H) Diabetes substantially limits endocrine function;

(I) Epilepsy, muscular dystrophy, and multiple sclerosis each substantially limits neurological function;

(J) Human Immunodeficiency Virus (HIV) infection substantially limits immune function; and

(K) Major depressive disorder, bipolar disorder, post-traumatic stress disorder, traumatic brain injury, obsessive compulsive disorder, and schizophrenia each substantially limits brain function.

(3) Condition, manner, or duration.

i. At all times taking into account the principles set forth in the rules of construction, in determining whether an individual is substantially limited in a major life activity, it may be useful in appropriate cases to consider, as compared to most people in the general population, the conditions under which the individual performs the major life activity; the manner in which the individual performs the major life activity; or the duration of time it takes the individual to perform the major life activity, or for which the individual can perform the major life activity.

ii. Consideration of facts such as condition, manner, or duration may include, among other things, consideration of the difficulty, effort or time required to perform a major life activity; pain experienced when performing a major life activity; the length of time a major life activity can be performed; or the way an impairment affects the operation of a major bodily function. In addition, the non-ameliorative effects of mitigating measures, such as negative side effects of medication or burdens associated with following a particular treatment regimen, may be considered when determining whether an individual's impairment substantially limits a major life activity.

iii. In determining whether an individual has a disability under the “actual disability” or “record of” prongs of the definition of “disability,” the focus is on how a major life activity is substantially limited, and not on what outcomes an individual can achieve. For example, someone with a learning disability may achieve a high level of academic success, but may nevertheless be substantially limited in one or more major life activities, including, but not limited to, reading, writing, speaking, or learning because of the additional time or effort he or she must spend to read, write, speak, or learn compared to most people in the general population.

iv. Given the rules of construction set forth in this section, it may often be unnecessary to conduct an analysis involving most or all of the facts related to condition, manner, or duration. This is particularly true with respect to impairments such as those described in paragraph (d)(2)(iii) of this section, which by their inherent nature should be easily found to impose a substantial limitation on a major life activity, and for which the individualized assessment should be particularly simple and straightforward.

(4) Mitigating measures include, but are not limited to:

i. Medication, medical supplies, equipment, appliances, low-vision devices (defined as devices that magnify, enhance, or otherwise augment a visual image, but not including ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aid(s) and cochlear implant(s) or other implantable hearing devices, mobility devices, and oxygen therapy equipment and supplies;

ii. Use of assistive technology;

iii. Reasonable modifications or auxiliary aids or services as defined in this regulation;

iv. Learned behavioral or adaptive neurological modifications; or

v. Psychotherapy, behavioral therapy, or physical therapy.

(e) Has a record of such an impairment.

(1) An individual has a record of such an impairment if the individual has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.

(2) Broad construction. Whether an individual has a record of an impairment that substantially limited a major life activity shall be construed broadly to the maximum extent permitted by the ADA and should not demand extensive analysis. An individual will be considered to fall within this prong of the definition of “disability” if the individual has a history of an impairment that substantially limited one or more major life activities when compared to most people in the general population, or was misclassified as having had such an impairment. In determining whether an impairment substantially limited a major life activity, the principles articulated in paragraph (d)(1) of this section apply.

(3) Reasonable modification. An individual with a record of a substantially limiting impairment may be entitled to a reasonable modification if needed and related to the past disability.

(f) Is regarded as having such an impairment. The following principles apply under the “regarded as” prong of the definition of “disability” (paragraph (a)(1)(iii) of this section):

(1) Except as set forth in paragraph (f)(2) of this section, an individual is “regarded as having such an impairment” if the individual is subjected to a prohibited action because of an actual or perceived physical or mental impairment, whether or not that impairment substantially limits, or is perceived to substantially limit, a major life activity, even if the public accommodation asserts, or may or does ultimately establish, a defense to the action prohibited by the ADA.

(2) An individual is not “regarded as having such an impairment” if the public accommodation demonstrates that the impairment is, objectively, both “transitory” and “minor.” A public accommodation may not defeat “regarded as” coverage of an individual simply by demonstrating that it subjectively believed the impairment was transitory and minor; rather, the public accommodation must demonstrate that the impairment is (in the case of an actual impairment) or would be (in the case of a perceived impairment), objectively, both “transitory” and “minor.” For purposes of this section, “transitory” is defined as lasting or expected to last six months or less.

(3) Establishing that an individual is “regarded as having such an impairment” does not, by itself, establish liability. Liability is established under title III of the ADA only when an individual proves that a public accommodation discriminated on the basis of disability within the meaning of title III of the ADA, 42 U.S.C. 12181-12189.

(g) Exclusions. The term “disability” does not include—

(1) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;

(2) Compulsive gambling, kleptomania, or pyromania; or

(3) Psychoactive substance use disorders resulting from current illegal use of drugs.

DISTRICT AGRICULTURAL ASSOCIATIONS.

Those associations regulated by the California Food and Agricultural Code, Division 3, Part 3.

DORMITORY.

A space in a building where group sleeping accommodations are provided in one room, or in a series of closely associated rooms, for persons not members of the same family group, under joint occupancy and single management, as in college dormitories or fraternity houses.

DRIVE AISLE.

A vehicular way provided within a parking facility that connects vehicular entrances, parking stalls, electric vehicle charging stations, passenger loading zones, and vehicular exits.

DRIVE-UP ELECTRIC VEHICLE CHARGING STATION.

An electric vehicle charging station in which use is limited to 30 minutes maximum and is provided at a location where the electric vehicle approaches in the forward direction, stops in the vehicle space, charges the vehicle, and proceeds forward to depart the vehicle space. The arrangement of a drive-up electric vehicle charger and its associated vehicle space is similar to a gasoline filling station island.

DRIVEWAY.

A vehicular way providing access between a public way and a building, parking facility, or other off-street area. A driveway may provide access to drive aisles in a parking facility.

ELECTRIC VEHICLE (EV).

[DSA-AC & SFM] An automotive-type vehicle for on-road use, such as passenger automobiles, buses. trucks vans, neighborhood electric vehicles, electric motorcycles, and the like, primarily powered by an electric motor that draws current from a rechargeable storage battery, fuel cell, photovoltaic array, or other source of electric current. Plug-in hybrid electric vehicles (PHEV) are considered electric vehicles. For the purpose of this code, off-road, self-propelled electric vehicles, such as industrial trucks, hoists, lifts, transports, golf carts, airline ground support equipment, tractors, boats, and the like, are not included.

ELECTRIC VEHICLE (EV) CHARGER.

Off-board charging equipment used to charge an electric vehicle.

ELECTRIC VEHICLE CHARGING SPACE (EV Space).

A space intended for charging electric vehicles.

ELECTRIC VEHICLE CHARGING STATION (EVCS).

One or more electric vehicle charging spaces served by an electric vehicle charger or other charging equipment. Where a multiport electric vehicle charger can simultaneously charge more than one vehicle, the number of electric vehicle charging stations shall be considered equivalent to the number of electric vehicles that can be simultaneously charged.

ELECTRIC VEHICLE (EV) CONNECTOR.

A device that, when electrically coupled (conductive or inductive) to an electric vehicle inlet, establishes an electrical connection to the electric vehicle for the purpose of power transfer and information exchange. This device is part of the electric vehicle coupler.

ELEMENT.

[DSA-AC] An architectural or mechanical component of a building, facility, space or site.

ELEVATED PLAY COMPONENT.

[DSA-AC] A play component that is approached above or below grade and that is part of a composite play structure consisting of two or more play components attached or functionally linked to create an integrated unit providing more than one play activity.

ELEVATOR, PASSENGER.

[DSA-AC] An elevator used primarily to carry passengers.

EMPLOYEE WORK AREA.

All or any portion of a space used only by employees and only for work. Corridors, toilet rooms, kitchenettes and break rooms are not employee work areas.

ENFORCING AGENCY.

[DSA-AC, HCD 1 & HCD 2] The designated department or agency as specified by statute or regulation.

ENTRANCE.

Any access point to a building or portion of a building or facility used for the purpose of entering. An entrance includes the approach walk, the vertical access leading to the entrance platform, the entrance platform itself, vestibule if provided, the entry door or gate, and the hardware of the entry door or gate.

EQUIVALENT FACILITATION.

The use of designs, products, or technologies as alternatives to those prescribed, resulting in substantially equivalent or greater accessibility and usability.

Note: In determining equivalent facilitation, consideration shall be given to means that provide for the maximum independence of persons with disabilities while presenting the least risk of harm, injury or other hazard to such persons or others.

[2010 ADA Standards] 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.

EXISTING BUILDING OR FACILITY.

[DSA-AC] A facility in existence on any given date, without regard to whether the facility may also be considered newly constructed or altered under this code.

EXIT.

That portion of a means of egress system between the exit access and the exit discharge or public way. Exit components include exterior exit doors at the level of exit discharge, interior exit stairways and ramps, exit passageways, exterior exit stairways and ramps and horizontal exits.

FACILITY.

[DSA-AC] All or any portion of buildings, structures, site improvements, elements, and pedestrian routes or vehicular ways located on a site.

FUNCTIONAL AREA.

[DSA-AC] A room, space or area intended or designated for a group of related activities or processes.

GANGWAY.

[DSA-AC] A variable-sloped pedestrian walkway that links a fixed structure or land with a floating structure. Gangways that connect to vessels are not addressed by this code.

GOLF CAR PASSAGE.

[DSA-AC] A continuous passage on which a motorized golf car can operate.

GRAB BAR.

[DSA-AC & HCD 1-AC] A bar for the purpose of being grasped by the hand for support.

Advisory Definition of GRAB BAR. A grab bar may also provide support for a user transferring from a wheelchair onto a bench, seat or plumbing fixture. ◼

GRADE (Adjacent Ground Elevation).

[DSA-AC & HCD 1-AC] The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than 5 feet (1524 mm) from the building, between the building and a line 5 feet (1524 mm) from the building. See Health and Safety Code Section 19955.3(d).

GRADE BREAK.

[DSA-AC] The line where two surface planes with different slopes meet.

GROUND FLOOR.

The floor of a building with a building entrance on an accessible route. A building may have one or more ground floors.

GROUND LEVEL PLAY COMPONENT.

[DSA-AC] A play component that is approached and exited at the ground level.

GUARD [DSA-AC, HCD 1, HCD 2 & HCD 1-AC] OR GUARDRAIL.

A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.

HALL CALL CONSOLE.

[DSA-AC] An elevator call user interface exclusive to a destination-oriented elevator system that requires the user to select a destination floor prior to entering the elevator car.

HANDRAIL.

A horizontal or sloping rail intended for grasping by the hand for guidance or support.

HEALTH CARE PROVIDER.

[DSA-AC] See “Professional Office of a Health Care Provider”

HISTORIC BUILDINGS.

[DSA-AC] See “Qualified historical building or property,” C.C.R., Title 24, Part 8.

HOUSING AT A PLACE OF EDUCATION.

Housing operated by or on behalf of an elementary, secondary, undergraduate, or postgraduate school, or other place of education, including dormitories, suites, apartments, or other places of residence.

IF, IF . . . THEN.

[DSA-AC] The terms “if” and “if … then” denote a specification that applies only when the conditions described are present.

INTERNATIONAL SYMBOL OF ACCESSIBILITY.

The symbol adopted by Rehabilitation International’s 11th World Congress for the purpose of indicating that buildings and facilities are accessible to persons with disabilities.

Advisory Definition of INTERNATIONAL SYMBOL OF ACCESSIBILITY. This is also known as the “ISA.” It is a graphic representation of the profile view of a wheelchair with occupant. See Chapter 11B, Figure 11B-703.7.2.1. ◼

KEY STATION.

[DSA-AC] Certain rapid and light rail stations, and commuter rail stations, as defined under criteria established by the Department of Transportation in 49 CFR 37.47 and 49 CFR 37.51, respectively.

KICK PLATE.

An abrasion-resistant plate affixed to the bottom portion of a door to prevent a trap condition and protect its surface.

Advisory Definition of KICK PLATE. Although kick plates are not necessarily required by the code, they are often applied to areas of doors required to have a smooth surface and be free of abrupt surface changes. This provides a person in a wheelchair the option of opening a door by pushing with their feet or allows the front foot plates of a wheelchair to glide smoothly along the lower face of the door as a wheelchair user proceeds through a door. ◼

KITCHEN OR KITCHENETTE.

[DSA-AC] A room, space or area with equipment for the preparation and cooking of food.

LAVATORY.

A fixed bowl or basin with running water and drainpipe, as in a toilet or bathing facility, for washing or bathing purposes. (As differentiated from the definition of “Sink”.)

MAIL BOXES.

[DSA-AC] Receptacles for the receipt of documents, packages or other deliverable matter. Mail boxes include, but are not limited to, post office boxes and receptacles provided by commercial mail-receiving agencies, apartment facilities or schools.

MARKED CROSSING.

A crosswalk or other identified path intended for pedestrian use in crossing a vehicular way.

MAY.

[DSA-AC] May denotes an option or alternative.

[ADA Title III §36.402(c)] To the maximum extent feasible. The phrase "to the maximum extent feasible," as used in this section, applies to the occasional case where the nature of an existing facility makes it virtually impossible to comply fully with applicable accessibility standards through a planned alteration. In these circumstances, the alteration shall provide the maximum physical accessibility feasible. Any altered features of the facility that can be made accessible shall be made accessible. If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would not be feasible, the facility shall be made accessible to persons with other types of disabilities (e.g., those who use crutches, those who have impaired vision or hearing, or those who have other impairments).

MEANS OF EGRESS.

A continuous and unobstructed path of vertical and horizontal egress travel from any occupied portion of a building or structure to a public way. A means of egress consists of three separate and distinct parts: the exit access, the exit and the exit discharge.

MEZZANINE.

[DSA-AC] An intermediate level or levels between the floor and ceiling of any story with an aggregate floor area of not more than one-third of the area of the room or space in which the level or levels are located. Mezzanines have sufficient elevation that space for human occupancy can be provided on the floor below.

MULTI-BEDROOM HOUSING UNIT.

[DSA-AC] A housing unit, intended for use by students at a place of education, with a kitchen and/or toilet and bathing rooms within the unit, such as an apartment, or dormitory. Multi-bedroom housing units are separate from one another and from common use spaces within a building.

NFPA.

[DSA-AC] The National Fire Protection Association.

NOSING.

The leading edge of treads of stairs and of landings at the top of stairway flights.

OCCUPANT LOAD.

The number of persons for which the means of egress of a building or portion thereof is designed.

OCCUPIABLE SPACE.

A room or enclosed space designed for human occupancy in which individuals congregate for amusement, educational or similar purposes or in which occupants are engaged at labor, and which is equipped with means of egress and light and ventilation facilities meeting the requirements of this code.

OPEN RISER.

The space between two adjacent stair treads not closed by a riser.

OPERABLE PART.

A component of an element used to insert or withdraw objects, or to activate, deactivate, or adjust the element.

PASSENGER ELEVATOR.

[DSA-AC] See “Elevator, Passenger”.

PATH OF TRAVEL.

[DSA-AC] An identifiable accessible route within an existing site, building or facility by means of which a particular area may be approached, entered and exited, and which connects a particular area with an exterior approach (including sidewalks, streets, and parking areas), an entrance to the facility, and other parts of the facility. When alterations, structural repairs or additions are made to existing buildings or facilities, the term “path of travel” also includes the toilet and bathing facilities, telephones, drinking fountains and signs serving the area of work.

Advisory Definition of PATH OF TRAVEL. The term PATH OF TRAVEL applies only to alterations, structural repairs or additions to existing buildings or facilities. Path of travel elements may be subject to upgrade as part of the alteration to an existing building if they do not conform to current accessibility requirements. ◼

[ADA Title II §35.151(b)(4)(ii)] A “path of travel” includes a continuous, unobstructed way of pedestrian passage by means of which the altered area may be approached, entered, and exited, and which connects the altered area with an exterior approach (including sidewalks, streets, and parking areas), an entrance to the facility, and other parts of the facility.

(A) An accessible path of travel may consist of walks and sidewalks, curb ramps and other interior or exterior pedestrian ramps; clear floor paths through lobbies, corridors, rooms, and other improved areas; parking access aisles; elevators and lifts; or a combination of these elements.

(B) For the purposes of this section, the term “path of travel” also includes the restrooms, telephones, and drinking fountains serving the altered area.

[ADA Title III §36.403(e)] Path of travel.

1) A "path of travel" includes a continuous, unobstructed way of pedestrian passage by means of which the altered area may be approached, entered, and exited, and which connects the altered area with an exterior approach (including sidewalks, streets, and parking areas), an entrance to the facility, and other parts of the facility.

2) An accessible path of travel may consist of walks and sidewalks, curb ramps and other interior or exterior pedestrian ramps; clear floor paths through lobbies, corridors, rooms, and other improved areas; parking access aisles; elevators and lifts; or a combination of these elements.

3) For the purposes of this part, the term "path of travel" also includes the restrooms, telephones, and drinking fountains serving the altered area.

PEDESTRIAN.

An individual who moves in walking areas with or without the use of walking assistive devices such as crutches, leg braces, wheelchairs, white cane, service animal, etc.

PEDESTRIAN WAY. A route by which a pedestrian may pass.

Notation:

Authority: Government Code Section 4450.

Reference(s): Government Code Sections 4450 through 4461 and Health and Safety Code Section 18949.1.

PEER REVIEW.

[OSHPD 1, 1R, 2, 4 & 5] Peer review refers to the procedure contained in California Building Code Section 1617A.l.41.

PERMANENT.

[DSA-AC] Facilities which, are intended to be used for periods longer than those designated in this code under the definition of “Temporary.”

PERMIT.

An official document or certificate issued by the building official that authorizes performance of a specified activity.

Advisory Definition of PERMIT. In State-funded construction, a letter following plan review which approves the plans and allows the release of funds is equivalent to a "permit.” ◼

PICTOGRAM.

A pictorial symbol that represents activities, facilities, or concepts.

PLACE OF PUBLIC ACCOMMODATION.

A facility operated by a private entity whose operations affect commerce and fall within at least one of the following categories:

(1) Place of lodging, except for an establishment located within a facility that contains not more than five rooms for rent or hire and that actually is occupied by the proprietor of the establishment as the residence of the proprietor. For purposes of this code, a facility is a "place of lodging" if it is

(i) An inn, hotel, or motel; or

(ii) A facility that

(A) Provides guest rooms for sleeping for stays that primarily are short-term in nature (generally 30 days or less) where the occupant does not have the right to return to a specific room or unit after the conclusion of his or her stay; and

(B) Provides guest rooms under conditions and with amenities similar to a hotel, motel, or inn, including the following:

     (1) On- or off-site management and reservations service;

     (2) Rooms available on a walk-up or call-in basis;

     (3) Availability of housekeeping or linen service; and

     (4) Acceptance of reservations for a guest room type without guaranteeing a particular unit or room until check-in, and without a prior lease or security deposit.

(2) A restaurant, bar, or other establishment serving food or drink;

(3) A motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment;

(4) An auditorium, convention center, lecture hall, or other place of public gathering;

(5) A bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment;

(6) A laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other service establishment;

(7) A terminal, depot, or other station used for specified public transportation;

(8) A museum, library, gallery, or other place of public display or collection;

(9) A park, zoo, amusement park, or other place of recreation;

(10) A nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education;

(11) A day-care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment;

(12) A gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation;

(13) A religious facility;

(14) An office building; and

(15) A public curb or sidewalk.

[ADA Title III §36.104] Place of public accommodation means a facility operated by a private entity whose operations affect commerce and fall within at least one of the following categories—

(1) Place of lodging, except for an establishment located within a facility that contains not more than five rooms for rent or hire and that actually is occupied by the proprietor of the establishment as the residence of the proprietor. For purposes of this part, a facility is a “place of lodging” if it is—

(i) An inn, hotel, or motel; or

(ii) A facility that—

(A) Provides guest rooms for sleeping for stays that primarily are short-term in nature (generally 30 days or less) where the occupant does not have the right to return to a specific room or unit after the conclusion of his or her stay; and

(B) Provides guest rooms under conditions and with amenities similar to a hotel, motel, or inn, including the following—

     (1) On- or off-site management and reservations service;

     (2) Rooms available on a walk-up or call-in basis;

     (3) Availability of housekeeping or linen service; and

     (4) Acceptance of reservations for a guest room type without guaranteeing a particular unit or room until check-in, and without a prior lease or security deposit.

(2) A restaurant, bar, or other establishment serving food or drink;

(3) A motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment;

(4) An auditorium, convention center, lecture hall, or other place of public gathering;

(5) A bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment;

(6) A laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other service establishment;

(7) A terminal, depot, or other station used for specified public transportation;

(8) A museum, library, gallery, or other place of public display or collection;

(9) A park, zoo, amusement park, or other place of recreation;

(10) A nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education;

(11) A day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment; and

(12) A gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation.

PLATFORM.

A raised area within a building used for worship, the presentation of music, plays or other entertainment; the head table for special guests; the raised area for lecturers and speakers; boxing and wrestling rings; theater-in-the-round stages; and similar purposes wherein, other than horizontal sliding curtains, there are no overhead hanging curtains, drops, scenery or stage effects other than lighting and sound. A temporary platform is one installed for not more than 30 days.

PLATFORM (WHEELCHAIR) LIFT.

A hoisting and lowering mechanism equipped with a car or platform or support that serves two landings of a building or structure and is designed to carry a passenger or passengers and/or luggage or other material a vertical distance as may be allowed.

PLAY AREA.

[DSA-AC] A portion of a site containing play components designed and constructed for children.

PLAY COMPONENT.

[DSA-AC] An element intended to generate specific opportunities for play, socialization, or learning. Play components are manufactured or natural, and are stand-alone or part of a composite play structure.

POINT-OF-SALE DEVICE.

[DSA-AC] A device used for the purchase of a good or service where a personal identification number (PIN), zip code or signature is required.

POWDER ROOM.

A room containing a water closet (toilet) and a lavatory, and which is not defined as a bathroom.

POWER-ASSISTED DOOR.

[DSA-AC] A door used for human passage with a mechanism that helps to open the door, or relieves the opening resistance of a door, upon the activation of a switch or a continued force applied to the door itself.

[ADA Title II §35.151(b)(4)(i)] Primary function. A “primary function” is a major activity for which the facility is intended. Areas that contain a primary function include, but are not limited to, the dining area of a cafeteria, the meeting rooms in a conference center, as well as offices and other work areas in which the activities of the public entity using the facility are carried out.

(A) Mechanical rooms, boiler rooms, supply storage rooms, employee lounges or locker rooms, janitorial closets, entrances, and corridors are not areas containing a primary function. Restrooms are not areas containing a primary function unless the provision of restrooms is a primary purpose of the area, e.g., in highway rest stops.

(B) For the purposes of this section, alterations to windows, hardware, controls, electrical outlets, and signage shall not be deemed to be alterations that affect the usability of or access to an area containing a primary function.

[ADA Title III §36.403(b)] Primary function. A "primary function" is a major activity for which the facility is intended. Areas that contain a primary function include, but are not limited to, the customer services lobby of a bank, the dining area of a cafeteria, the meeting rooms in a conference center, as well as offices and other work areas in which the activities of the public accommodation or other private entity using the facility are carried out. Mechanical rooms, boiler rooms, supply storage rooms, employee lounges or locker rooms, janitorial closets, entrances, corridors, and restrooms are not areas containing a primary function.

PRIVATE BUILDING OR FACILITY.

[DSA-AC] A place of public accommodation or a commercial building or facility subject to Chapter 1, Section 1.9.1.2.

[2010 ADA Standards 106.5] Private Building or Facility. A place of public accommodation or a commercial building or facility subject to title III of the ADA and 28 CFR part 36 or a transportation building or facility subject to title III of the ADA and 49 CFR 37.45.

[ADA Title III §36.104] Private entity means a person or entity other than a public entity.

PROFESSIONAL OFFICE OF A HEALTH CARE PROVIDER.

[DSA-AC] A location where a person or entity, regulated by the State to provide professional services related to the physical or mental health of an individual, makes such services available to the public. The facility housing the professional office of a health care provider only includes floor levels housing at least one health care provider, or any floor level designed or intended for use by at least one health care provider.

Advisory Definition of PROFESSIONAL OFFICE OF A HEALTH CARE PROVIDER. The term PROFESSIONAL OFFICE OF A HEALTH CARE PROVIDER applies to the offices of doctors, psychologists, dentists, radiologists, and others certified or licensed by the State to provide physical or mental health care. ◼

PUBLIC BUILDING OR FACILITY.

[DSA-AC] A building or facility or portion of a building or facility designed, constructed, or altered by, on behalf of, or for the use of a public entity subject to Chapter 1, Section 1.9.1.1.

[2010 ADA Standards 106.5] Public Building or Facility. A building or facility or portion of a building or facility designed, constructed, or altered by, on behalf of, or for the use of a public entity subject to title II of the ADA and 28 CFR part 35 or to title II of the ADA and 49 CFR 37.41 or 37.43.

PUBLIC ENTITY.

Any state or local government; any department, agency, special-purpose district, or other instrumentality of a state or local government.

[ADA Title III §36.104] Public entity means—

(1) Any State or local government;

(2) Any department, agency, special purpose district, or other instrumentality of a State or States or local government; and

(3) The National Railroad Passenger Corporation, and any commuter authority (as defined in section 103(8) of the Rail Passenger Service Act). (45 U.S.C. 541)

PUBLIC ENTRANCE.

An entrance that is not a service entrance or a restricted entrance.

PUBLIC HOUSING.

[DSA-AC] Housing facilities constructed or altered by, for, or on behalf of a public entity, or constructed or altered as part of a public entity’s program to provide housing pursuant to United States Code of Federal Regulations, 28 CFR Part 35, Section 35.102(a), including but not limited to the following:

1. One-or two-family dwelling units, or congregate residences;

2. Buildings or complexes with three or more residential dwellings units;

3. Homeless shelters, group homes, halfway houses and similar social service establishments;

4. Transient lodging, such as hotels, motels, hostels and other facilities providing accommodations of a short term nature of not more than 30 days duration;

5. Housing at a place of education, such as housing on or serving a public school, public college or public university.

PUBLIC USE.

[DSA-AC] Interior or exterior rooms, spaces or elements that are made available to the public. Public use may be provided at a building or facility that is privately or publicly owned. Private interior or exterior rooms, spaces or elements associated with a residential dwelling unit provided by a public housing program or in a public housing facility are not public use areas and shall not be required to be made available to the public.

PUBLIC-USE AREAS.

Interior or exterior rooms or spaces of a building or facility that are made available to the general public and do not include common use areas. Public use areas may be provided at a building or facility that is privately or publicly owned.

Advisory Definition of PUBLIC-USE AREAS. Examples of public use areas may include a hotel lobby, movie theater, concert hall, public restroom, sales floor of a retail store, or dining room within a restaurant. ◼

PUBLIC WAY.

A street, alley or other parcel of land open to the outside air leading to a street, that has been deeded, dedicated or otherwise permanently appropriated to the public for public use and which has a clear width and height of not less than 10 feet (3048 mm).

QUALIFIED HISTORIC BUILDING OR FACILITY.

[DSA-AC] A building or facility that is listed in or eligible for listing in the National Register of Historic Places, or designated as historic under an appropriate State or local law. See C.C.R. Title 24, Part 8.

RAMP.

A walking surface that has a running slope steeper than one unit vertical in 20 units horizontal (5-percent slope).

[ADA Title III §36.104] Readily achievable means easily accomplishable and able to be carried out without much difficulty or expense. In determining whether an action is readily achievable factors to be considered include --

1) The nature and cost of the action needed under this part;

2) The overall financial resources of the site or sites involved in the action; the number of persons employed at the site; the effect on expenses and resources; legitimate safety requirements that are necessary for safe operation, including crime prevention measures; or the impact otherwise of the action upon the operation of the site;

3) The geographic separateness, and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity;

4) If applicable, the overall financial resources of any parent corporation or entity; the overall size of the parent corporation or entity with respect to the number of its employees; the number, type, and location of its facilities; and

5) If applicable, the type of operation or operations of any parent corporation or entity, including the composition, structure, and functions of the workforce of the parent corporation or entity.

REASONABLE PORTION.

[DSA-AC] That segment of a building, facility, area, space or condition, which would normally be necessary if the activity therein is to be accessible by persons with disabilities.

Advisory Definition of REASONABLE PORTION. The term is intended to mean that the building or facility provides equitable opportunities, advantages, and ease of use for people with disabilities as is otherwise being made available to the general public. It is not intended to mean reasonable from a cost point of view. ◼

RECOMMEND.

[DSA-AC, HCD 1 & HCD 2] Does not require mandatory acceptance, but identifies a suggested action that shall be considered for the purpose of providing a greater degree of accessibility to persons with disabilities.

REMODELING.

[DSA-AC] See “Alteration.”

REPAIR.

The reconstruction or renewal of any part of an existing building for the purpose of its maintenance or to correct damage.

RESIDENTIAL DWELLING UNIT.

[DSA-AC] A unit intended to be used as a residence that is primarily long-term in nature. Residential dwelling units do not include transient lodging, inpatient medical care, licensed long-term care, and detention or correctional facilities.

RESTRICTED ENTRANCE.

An entrance that is made available for common use on a controlled basis, but not public use, and that is not a service entrance.

RISER.

The upright part between two adjacent stair treads, between either an upper or lower landing and an adjacent stair tread, or between two adjacent landings.

RUNNING SLOPE.

The slope that is parallel to the direction of travel. (As differentiated from the definition of “Cross Slope”.)

SELF-SERVICE STORAGE.

[DSA-AC] Building or facility designed and used for the purpose of renting or leasing individual storage spaces to customers for the purpose of storing and removing personal property on a self-service basis.

SERVICE ENTRANCE.

An entrance intended primarily for delivery of goods or services.

SHALL.

[DSA-AC] Denotes a mandatory specification or requirement.

SHOPPING CENTER (OR SHOPPING MALL).

[DSA-AC] One or more sales or rental establishments or stores. A shopping center may include a series of buildings on a common site, connected by a common pedestrian access route on, above or below the ground floor, that is either under common ownership or common control or developed either as one project or as a series of related projects. For the purposes of this section, “shopping center” or “shopping mall” includes a covered mall building.

Advisory Definition of SHOPPING CENTER (or SHOPPING MALL).  The California definition for SHOPPING CENTER is quite different from the federal definition. Federal ADA Regulations defines a shopping center or shopping mall as a building housing five or more sales or rental establishments. However, California accessibility provisions define a shopping center as only one or more sales or rental establishments or stores. ◼

[ADA Title III §36.401(d)(1)(ii)] Shopping center or shopping mall means –

(A) A building housing five or more sales or rental establishments; or

(B) A series of buildings on a common site, either under common ownership or common control or developed either as one project or as a series of related projects, housing five or more sales or rental establishments. For purposes of this section, places of public accommodation of the types listed in paragraph (5) of the definition of "place of public accommodation" in section 36.104 are considered sales or rental establishments. The facility housing a "shopping center or shopping mall" only includes floor levels housing at least one sales or rental establishment, or any floor level designed or intended for use by at least one sales or rental establishment.

SHOULD.

[HCD 1 & HCD 2] See "Recommend."

SIDEWALK.

A surfaced pedestrian way contiguous to a street used by the public. (As differentiated from the definition of “Walk”.)

Advisory Definition of SIDEWALK. There is an important distinction between SIDEWALK and WALK and they are treated differently under the CBC. As noted in this definition, a sidewalk is contiguous to a street while a walk is not. ◼

SIGN.

[HCD 1-AC, DSA-AC] An element composed of displayed textual, verbal, symbolic, tactile, and/or pictorial information.

SINK.

A fixed bowl or basin with running water and drainpipe, as in a kitchen or laundry, for washing dishes, clothing, etc. (As differentiated from the definition of “Lavatory”.)

SITE.

A parcel of land bounded by a lot line or a designated portion of a public right-of-way.

SLEEPING ACCOMMODATIONS.

Rooms intended and designed for sleeping.

SOFT CONTAINED PLAY STRUCTURE.

[DSA-AC] A play structure made up of one or more play components where the user enters a fully enclosed play environment that utilizes pliable materials, such as plastic, netting, or fabric.

SPACE.

A definable area, such as a room, toilet room, hall, assembly area, entrance, storage room, alcove, courtyard, or lobby.

SPECIFIED PUBLIC TRANSPORTATION.

[DSA-AC] Transportation by bus, rail, or any other conveyance (other than by aircraft) provided by a private entity to the general public, with general or special service (including charter service) on a regular and continuing basis.

STAGE.

A space within a building utilized for entertainment or presentations, which includes overhead hanging curtains, drops, scenery or stage effects other than lighting and sound.

STAIR.

A change in elevation, consisting of one or more risers.

STAIRWAY.

One or more flights of stairs, either exterior or interior, with the necessary landings and platforms connecting them, to form a continuous and uninterrupted passage from one level to another.

[ADA Title II §35.104] State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.

[ADA Title III §36.104] State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.

STORY.

[DSA-AC] That portion of a building or facility designed for human occupancy included between the upper surface of a floor and upper surface of the floor or roof next above. A story containing one or more mezzanines has more than one floor level. If the finished floor level directly above a basement or unused under-floor space is more than six feet (1829 mm) above grade for more than 50 percent of the total perimeter or is more than 12 feet (3658 mm) above grade at any point, the basement or unused under-floor space shall be considered as a story.

[2010 ADA Standards 106.5] Story. That portion of a building or facility designed for human occupancy included between the upper surface of a floor and upper surface of the floor or roof next above. A story containing one or more mezzanines has more than one floor level.

STRUCTURAL FRAME.

[DSA-AC] The columns and the girders, beams and trusses having direct connections to the columns and all other members that are essential to the stability of the building or facility as a whole.

STRUCTURE.

That which is built or constructed.

TACTILE.

An object that can be perceived using the sense of touch.

TACTILE SIGN.

A sign containing raised characters and/or symbols and accompanying Braille.

TECHNICALLY INFEASIBLE.

[DSA-AC] An alteration of a building or a facility, that has little likelihood of being accomplished because the existing structural conditions require the removal or alteration of a load-bearing member that is an essential part of the structural frame, or because other existing physical or site constraints prohibit modification or addition of elements, spaces or features that are in full and strict compliance with the minimum requirements for new construction and which are necessary to provide accessibility.

TEEING GROUND.

[DSA-AC] In golf, the starting place for the hole to be played.

TEMPORARY.

[DSA-AC] Buildings and facilities intended for use at one location for not more than one year and seats intended for use at one location for not more than 90 days.

Advisory Definition of TEMPORARY.  Temporary buildings and facilities must be accessible to the same degree as permanent facilities per CA Gov. Code §4451(e). ◼

TEXT TELEPHONE.

Machinery or equipment that employs interactive text-based communications through the transmission of coded signals across the standard telephone network. Text telephones can include, for example, devices known as TTYs (teletypewriters) or computers.

TRANSFER DEVICE.

[DSA-AC] Equipment designed to facilitate the transfer of a person from a wheelchair or other mobility aid to and from an amusement ride seat.

TRANSIENT LODGING.

A building or facility containing one or more guest room(s) for sleeping that provides accommodations that are primarily short-term in nature (generally 30 days or less). Transient lodging does not include residential dwelling units intended to be used as a residence, inpatient medical care facilities, licensed long-term care facilities, detention or correctional facilities, or private buildings or facilities that contain no more than five rooms for rent or hire and that are actually occupied by the proprietor as the residence of such proprietor.

[DSA-AC] See also the definition of Place of Public Accommodation.

TRANSIT BOARDING PLATFORM.

[DSA-AC] A horizontal, generally level surface, whether raised above, recessed below or level with a transit rail, from which persons embark/disembark a fixed rail vehicle.

TRANSITION PLATE.

[DSA-AC] A sloping pedestrian walking surface located at the end(s) of a gangway.

TTY.

An abbreviation for teletypewriter. Machinery that employs interactive text-based communication through the transmission of coded signals across the telephone network. TTYs may include, for example, devices known as TDDs (telecommunication display devices or telecommunication devices for deaf persons) or computers with special modems. TTYs are also called text telephones.

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 to persons with disabilities.

The details of any finding of unreasonable hardship shall be recorded and entered in the files of the enforcing agency.

USE ZONE.

[DSA-AC] The ground level area beneath and immediately adjacent to a play structure or play equipment that is designated by ASTM F 1487 for unrestricted circulation around the play equipment and where it is predicted that a user would land when falling from or exiting the play equipment.

VALUATION THRESHOLD.

[DSA-AC] An annually adjusted, dollar-amount figure used in part to determine the extent of required path of travel upgrades. The baseline valuation threshold of $50,000 is based on the January 1981, “ENR US20 Cities” Average Construction Cost Index (CCI) of 3372.02 as published in Engineering News Record, McGraw Hill Publishing Company. The current valuation threshold is determined by multiplying the baseline valuation threshold by a ratio of the current year’s January CCI to the baseline January 1981 CCI.

Advisory Definition of VALUATION THRESHOLD. The valuation threshold is adjusted each year in January using the Engineering News Record 20 Cities Construction Cost Index. Valuation thresholds for the current year and recent years dating back to 2000 are available on the Division of the State Architect web site at: https://www.dgs.ca.gov/DSA/Resources/Page-Content/Resources-List-Folder/Access-Compliance-Reference-Materials#@ViewBag.JumpTo ◼

VARIABLE MESSAGE SIGNS (VMS).

[DSA-AC] Electronic signs that have a message with the capacity to change by means of scrolling, streaming, or paging across a background.

VARIABLE MESSAGE SIGN (VMS) CHARACTERS.

[DSA-AC] Characters of an electronic sign are composed of pixels in an array. High resolution VMS characters have vertical pixel counts of 16 rows or greater. Low resolution VMS characters have vertical pixel counts of 7 to 15 rows.

VEHICULAR WAY.

A route provided for vehicular traffic, such as in a street, driveway, or parking facility.

WALK.

[DSA-AC] An exterior prepared surface for pedestrian use, including pedestrian areas such as plazas and courts. (As differentiated from the definition of “Sidewalk”.)

Advisory Definition of WALK. There is an important distinction between SIDEWALK and WALK and they are treated differently under the CBC. A sidewalk is contiguous to a street while a walk is not. ◼

WET BAR.

[DSA-AC] An area or space with a counter equipped with a sink and running water but without cooking facilities.

WHEELCHAIR.

A chair mounted on wheels to be propelled by its occupant manually or with the aid of electric power, of a size and configuration conforming to the recognized standard models of the trade.

[ADA Title II §35.104] Wheelchair means a manually-operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor or of both indoor and outdoor locomotion. This definition does not apply to Federal wilderness areas; wheelchairs in such areas are defined in section 508(c)(2) of the ADA, 42 U.S.C. 12207(c)(2).

[ADA Title III §36.104] Wheelchair means a manually-operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor or of both indoor and outdoor locomotion. This definition does not apply to Federal wilderness areas; wheelchairs in such areas are defined in section 508(c)(2) of the ADA, 42 U.S.C. 12207(c)(2).

WHEELCHAIR SPACE.

A space for a single wheelchair and its occupant.

WORK AREA EQUIPMENT.

[DSA-AC] Any machine, instrument, engine, motor, pump, conveyor, or other apparatus used to perform work. As used in this document, this term shall apply only to equipment that is permanently installed or built-in in employee work areas. Work area equipment does not include passenger elevators and other accessible means of vertical transportation.

[F] WORKSTATION.

[DSA-AC] An area defined by equipment and/or work surfaces intended for use by employees only, and generally for one or a small number of employees at a time. Examples include ticket booths; the employee side of grocery store check stands; the bartender area behind a bar; the employee side of snack bars, sales counters and public counters; guardhouses; toll booths; kiosk vending stands; lifeguard stations; maintenance equipment closets; counter and equipment areas in restaurant kitchens; file rooms; storage areas; etc.

CHAPTER 3 USE AND OCCUPANCY CLASSIFICATION

CHAPTER 4 SPECIAL DETAILED REQUIREMENTS BASED ON USE AND OCCUPANCY

SECTION 406 MOTOR-VEHICLE-RELATED OCCUPANCIES

406.2 Design.  …

406.2.3 Accessible parking spaces.

Where parking is provided, accessible parking spaces, access aisles and vehicular routes serving accessible parking shall be provided in accordance with Chapter 11A.

SECTION 412 AIRCRAFT-RELATED OCCUPANCIES

412.2 Airport traffic control towers.  …

412.2.6 Accessibility.

[DSA-AC] In air traffic control towers, an accessible route shall not be required to serve the cab and the equipment areas on the floor immediately below the cab.

SECTION 419 LIVE/WORK UNITS

419.7 Accessibility.

Accessibility shall be designed in accordance with Chapter 11A, when applicable for the function served.

CHAPTER 9 FIRE PROTECTION SYSTEMS

SECTION 907 FIRE ALARM AND DETECTION SYSTEMS

[F] 907.4 Initiating devices.  ...

[F] 907.4.2 Manual fire alarm boxes.  ...

[F] 907.4.2.2 Height.

The height of the manual fire alarm boxes shall be not less than 42 inches (1067 mm) and not more than 48 inches (1219 mm) measured vertically, from the floor level to the highest point of the activating handle or lever of the box. Manual fire alarm boxes shall also comply with Section 11B-309.4.

Advisory 907.4.2.2 Height. CBC Section 11B-309.4 requires controls and operating mechanisms to be operable with one hand without tight grasping, pinching or twisting of the wrist (must be operable by persons with limited manual dexterity). The maximum effort to activate controls shall be no greater than 5 pounds-force. ◼

[F] 907.5 Occupant notification systems.  ...

[F] 907.5.2 Alarm notification appliances.  ...

[F] 907.5.2.3 Visible alarms.

Visible alarm notification appliances shall be provided in accordance with Sections 907.5.2.3.1 through 907.5.2.3.4.

Exceptions:

1. In other than Group I-2 and I-2.1, visible alarm notification appliances are not required in alterations, except where an existing fire alarm system is upgraded or replaced, or a new fire alarm system is installed.
2. Visible alarm notification appliances shall not be required in enclosed exit stairways, enclosed exit ramps, exterior exit stairs and exterior exit ramps.
3. Visible alarm notification appliances shall not be required in elevator cars.

[F] 907.5.2.3.1 Public and common use areas.

Visible alarm notification appliances shall be provided in public use areas and common use area, including but not limited to: