CASI California Survey Reports Acceptance Criteria - Equivalent Facilitation AC 01 -12

Certified Access Specialist Institute | California Survey Reports | Acceptance Criteria

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Equivalent Facilitation AC 01-12

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Proposed 05-10-12

Discipline: Access Compliance

References: CBSC Part 2, 11B-103, 11B-106.5; ADAS 

The meaning and use of regulations in the California Building Standards Code must be applied to the fullest intent as necessary to fulfill the purpose of statutory and regulatory law. Therefore as a matter of purpose, this document identifies critical issues of code which must be addressed to assure that buildings, structures and related facilities are accessible to, and functional for, people with disabilities to, through, and within public accommodations, without loss of function, space, or facility where the general public is concerned. This Acceptance Criteria (AC) is intended for use by Members of the Certified Access Specialist Institute as a voluntary standard for maintaining clarity, consistency and uniform application of criteria for field inspection of projects within California, and may indicate acceptable methods for achieving compliance with applicable codes and regulations, although other methods proposed by design professionals which address these guidelines may be justified on a case-by-case basis. This standard is reviewed on a regular basis and is subject to revision at any time. Only AC’s listed on the CASI website at http://www.casinstitute.org are considered applicable. 

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CASI Acceptance Rating: % [sic]

Code item:

11B-103 Equivalent Facilitation Nothing in these requirements prevents the use of designs, products, or technologies as alternatives to those prescribed, provided they result in substantially equivalent or greater accessibility and usability.

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11B-106.5 Defined Terms. The following terms are defined in Chapter 2, Section 202.

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Equivalent Facilitation. An alternate means of complying with the literal requirements of these standards and specifications that provides access in terms of the purpose of these standards and specifications. See Section 109.1.5.

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109.1.5 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.

Purpose: “Equivalent Facilitation” is required whenever prescriptive requirements of code are not possible due to the written determination by a building official that strict compliance would constitute an Unreasonable Hardship or make the project infeasible. In many cases, the California Building Standards Code prescribes exceptions and prescriptive alternatives that detail other design options. In other instances, performance requirements in statutes or regulations lack specificity, yet still require equitable use and functionality. This document establishes a process for determining alternative methods of access compliance where none exist, and which can be achieved by (1) analyzing inherent benefits, advantages and opportunities which constitute a public accommodation, and (2) identifying prescriptive criteria which represent equitable performance outcomes for people with disabilities.

Discussion: Discrimination laws are based on inequitable outcomes for people with disabilities. If the general non-disabled population of building users get direct, immediate, permanent, unassisted use and accessibility of a public accommodation, what exactly is equivalent for people with disabilities if it is not exactly the same? There are times, especially in the alterations of existing buildings, when alternatives may deliver equitable outcomes – even when hardships prevent prescriptive code compliance. This question lies at the root of almost every difficulty in providing equity for people with disabilities -- the implementing statutes say quite clearly that discrimination is based on the failure to provide equal benefit and participation for people with disabilities in the most fully integrated setting. Using performance measures and establishing objectives which are indicative of equitable outcomes for each separate relevant feature or benefit which makes up the total outcome of a public accommodation will help to identify the resolution necessary. Establishing and achieving clear objectives requires an initial detailed analysis of the relevant accommodation being offered to the general public. The following process outlines reasonable steps toward determining equivalent Facilitation:

Procedure:

Step 1 – Without clear code compliance, which of these inequitable outcome deficiencies must be addressed to be on a par with everyone else? Indicate only those uniquely distinguishable objectives (benefits and opportunities) below which must be addressed for equity:

• Convenience
• Safety
• Direct access
• Immediate availability
• Permanence
• Autonomy
• View
• Comfort
• Ambience
• Education
• Information
• Opportunity
• Entertainment
• Usability
• Maneuverability
• Balance
• Integration
• Benefit
• Health
• experience

Step 2 – Establish the Design Objective — State HOW the alternative manner in which the missing objectives above can be equally provided for accessibility.

Step 3 – Write Performance Statement— State the Objective Achievements. Name the necessary criteria for replicating or achieving each objective.

Step 4 – Identify the Verification Method — Record peer review comments, identify nationally recognized standards, performance mock-ups, or test methods used. Use Subject Matter Experts.

Acceptance Criteria: Each separately distinguishable advantage, opportunity, benefit, and experience within a functional component of a public accommodation must be provided directly or in an alternative method such that equal benefit and participation is available to people with disabilities in the most fully integrated setting. 

Gary Layman

Director of Professional Practice Standards

Michael Mankin

CASI Communications Chair