2022 California Standards for Accessible Design Guide (effective January 1, 2023 with July 1, 2024 amendments)

CHAPTER 1 SCOPE AND ADMINISTRATION

DIVISION I: CALIFORNIA ADMINISTRATION

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

PART 1—SCOPE AND APPLICATION

SECTION 101 SCOPE AND GENERAL REQUIREMENTS

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.

PART 2 - ADMINISTRATION AND ENFORCEMENT

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 alternative meets all of the
following:
1. The alternative material, design or method of construction is satisfactory and complies with the intent of the provisions of this code,
2. The material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code as it pertains to the following:

2.1.Quality.
2.2.Strength.
2.3.Effectiveness.
2.4.Fire resistance.
2.5.Durability.
2.6.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 alternative 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.