CHAPTER 2 – DEFINITIONS
SECTION
202 - DEFINITIONS
ALTERATION. Any construction or renovation to an existing structure other than repair or addition.
[DSA-AC] A change, addition or modification in construction, a 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.
INTERPRETATION
A change in occupancy or use is a change in the major activity for which the room, space, unit, or facility is intended. A change in occupancy or use can occur whether construction is performed or not. Examples of a change in occupancy or use include the following: changing a patient bedroom to a storage room; changing a nursing service space to an administrative space; changing an intensive care unit to a perinatal unit; changing a med/surg unit to acute psych, rehab, or distinct part SNF; changing a general acute care hospital to a skilled nursing facility, etc. Changing patient bedrooms in a nursing service space from general nursing (med/surge) to antepartum and postpartum bedrooms is not a change in use.
Placing patient bedrooms in suspense without performing construction and not using the space during the period they are in suspense, is not a change in occupancy or use and does not initiate compliance with accessibility requirements. Placing patient bedrooms in suspense without construction and using the space for another purpose during the period they are in suspense may be a change in occupancy or use and may initiate compliance with accessibility requirements. For example, if the suspended patient bedroom contains an adjoining toilet room and the bedroom is used as a waiting room, the adjoining toilet room must be accessible. If the suspended patient bedroom is used as an office, the adjoining toilet room may also be required to be accessible. Removing patient bedrooms from suspense without performing construction is not a change in primary function and does not initiate compliance with accessibility requirements. However, compliance with Chapter 11B is required if construction is performed in placing patient bedrooms in suspense or removing them from suspense.
Structural repair - For the purposes of this CAN, structural repair is divided into two categories – structural work and nonstructural work.
Structural Work
In Attorney General’s Opinion Number 94-1109, dated May 10, 1995, the Attorney General for the State of California concluded that seismic strengthening work in an existing building constitutes a "building alteration, structural repair or addition" for purposes of providing access to the building for persons with disabilities. Therefore, seismic retrofit projects, structural repair projects, and seismic retrofit projects for the purpose of compliance with the Structural Performance Category (SPC) requirements of the 2013 California Administrative Code (CAC) and the 2013 CBC are subject to the access requirements of Section 11B-202.4.
Compliance with Section 11B-202 shall be provided as follows:
A. Section 11B-202.4 requires the provision of: an accessible primary entrance; toilet and bathing facilities; drinking fountains; signs; public telephones; and an accessible path of travel connecting these elements throughout the building.
B. The specific area of alteration shall comply with all accessibility requirements as noted in Section 11B-202.3. Note that for some structural repair or retrofit work, the specific area of alteration may not occur in a room or space intended for human occupancy. In such cases, the requirements of Section 11B-202.3, while enforceable, have no practical application. Similarly, providing a path of travel (see Section 11B-202.4) to such area has no practical application.
C. The requirements of Section 11B-202 shall not be construed to require an entire building to be subject to accessibility upgrades due to a structural repair or retrofit project. Section 11B-202 is consistent with Section 19959 of the Health and Safety Code, which states: "Every existing public accommodation constructed prior to July 1, 1970, which is not exempted by Section 19956, shall be subject to the requirements of this chapter when any alterations, structural repairs or additions are made to such public accommodation. This requirement shall only apply to the area of specific alteration, structural repair or addition and shall not be construed to mean that the entire building or facility is subject to this chapter." Clearly, it is not the intent of Section 11B-202 that a structural repair, structural retrofit, or an addition, be construed to mean that the entire building or facility be subject to a complete accessibility upgrade.
Nonstructural Work
Projects consisting entirely of anchorage and bracing of equipment and components will not be considered a building alteration, renovation, structural repair, or retrofit project subject to the Attorney General’s Opinion 94-1109 noted above, and therefore are not subject to the accessibility requirements of Section 11B-202.4. Similarly, seismic retrofit projects for the purpose of compliance with the Nonstructural Performance Category (NPC) requirements of the 2013 CAC and the 2013 CBC are not subject to the accessibility requirements of Section 11B-202.4.
SECTION
202 - DEFINITIONS
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.
The details of any finding of unreasonable hardship shall be recorded and entered in the files of the enforcing agency.
INTERPRETATION
Two types of unreasonable hardship exist in CBC Chapter 11B. One type, as defined in Section 202, applies to all projects regardless of the construction cost of the project. The second type applies to alterations, structural repairs, or additions that do not exceed a valuation threshold specified in Section 11B.202.4, Exception 8.
All Projects
All projects, regardless of construction cost, are eligible for unreasonable hardship as defined in Section 202. Requests for unreasonable hardship for accessibility requirements must be submitted by the applicant to the OSHPD Regional Supervisor on OSHPD Form OSH-FD-800 "Application for Unreasonable Hardship Exception to Accessibility Requirements." Such finding of unreasonable hardship does not constitute a waiver from other applicable accessibility code requirements.
Unless otherwise specified in the code, equivalent facilitation must be provided when unreasonable hardship is requested and granted. Section 202 defines equivalent facilitation as "the use of designs, products or technologies as alternatives to those prescribed, resulting in substantially equivalent or greater accessibility and usability." In some instances, the code specifies the equivalent facilitation requirements. In instances where the code does not specify the equivalent facilitation requirement, the applicant requesting the unreasonable hardship must propose the means by which equivalent facilitation will be achieved. The proposed equivalent facilitation must be submitted with the request for unreasonable hardship.
Alterations, Structural Repairs, or Additions Below Valuation Threshold
See Section 11B-202.4, Exception 8 in this CAN.
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