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October 27, 2012
Pacific ADA Center
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Never assume:
◦ that someone with a disability needs help to do something
◦ that you know how to help them
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Ask someone who may need assistance:
◦ “May I help / assist you?”
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Then say:
◦ “How may I help / assist you?”
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If the person needs assistance, they are happy to tell
you how to provide it
If the person does not want your assistance, don’t be
offended
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Always:
◦ Speak to the person who is Deaf, not to an interpreter
◦ Make eye contact with wheelchair users – try to get to eye
level by finding a chair, but don’t kneel down
◦ Make eye contact with blind people, as they can tell where
your voice is going
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Never:
◦ Lean on someone’s wheelchair
◦ Remove someone’s mobility device or white cane without
asking first, then telling them where you put it
◦ Pull or push someone with a disability across the street
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Know what a relay call sounds like, and not to hang up
Learn a few polite signs in American Sign Language
Ask how to shake hands with someone without hands
Learn how to use the sighted guide technique to give
blind individuals navigation assistance
◦ First, ask if the person needs assistance
◦ Second, ask how they wish to be assisted
◦ Some blind individuals may place their hand on your
shoulder, while others prefer to hold your elbow
◦ Ask if they prefer the left or right side
◦ Verbalize the route as much as possible, especially at
stairs
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Do Say
Don’t Say
Person with a
disability
Crippled, handicapped,
the disabled
Person who uses a
wheelchair
Confined to a
wheelchair, wheel
chair-bound
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Do Say
Don’t Say
Person who is deaf, or a
person with a hearing
impairment
Deaf and dumb, suffers
a hearing impairment
Person with a physical
disability
Deformed, lame,
crippled, or invalid
Person with an
intellectual disability
Mentally defective or
retarded
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It is fine to say:
 “I’ll see ya’ later” or “did you see that movie?” to a blind
person
 “Did you hear about what happened at the game?” to a
Deaf person
 “Want to go for a walk?” to a wheelchair rider
Don’t say:
 “That guy is such a retard!”
 “Why are you so slow?” to a person with a
cognitive disability
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The ADA was signed into law on July 26, 1990. It is
a civil rights law designed to protect people with
disabilities from discrimination and unfair
treatment.
 Title I: Employment
 Title II: State and local government
 Title III: Public accommodations
 Title IV: Telecommunications
 Title V: Miscellaneous
Transportation is also covered under the ADA
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An individual with a physical or mental
impairment that substantially limits one or more
major life activities
◦ Duration of impairment must be ≥6 months
◦ Do not consider presence of mitigating measures
An individual who has a record of such an
impairment
 An individual who is regarded as having such an
impairment
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An individual who is “associated” with a
person with a disability (e.g., family member,
spouse, domestic partner, etc.) is also
protected from discrimination.
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For covered entities, the definition that
matters is:
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The person’s disability is obvious, or the person
self-identifies as a person with a disability.
◦ You are not allowed to ask them about their
disability
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The person is qualified to receive the goods
and/or services offered by you.
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Any state or local government
Any department or agency of state or local
government
Certain commuter authorities
AMTRAK
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A person with a disability who meets the essential
eligibility requirements of the program or service
with or without:
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Reasonable Modifications
Auxiliary Aids and Services
Removal of Barriers
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A public entity shall operate each service, program, or
activity so that the service, program, or activity, when
viewed in its entirety, is readily accessible to and
usable by individuals with disabilities.
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Benefits cannot be denied because facilities are
inaccessible.
Every building need not be made accessible.
Required even if no people with disabilities are
known to utilize the program.
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Units designed and constructed or altered by public
entities that will be offered for sale to individuals shall
comply with the requirements for residential facilities
in the 2010 Standards including sections 233 and 809.
These requirements also apply to housing programs
operated by public entities where design and
construction of particular residential dwelling units
take place only after a specific buyer has been
identified.
◦ Public entity must provide the units that comply with the
requirements for accessible features to those pre-identified
buyers with disabilities who have requested them.
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A place of public accommodation means a
facility, operated by a private entity, whose
operations affect commerce (i.e. a private
business).
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Place of lodging
 Places serving food or
drink
 Entertainment venues
 Sales or rental
establishments
 Service
establishments
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Stations used for public
transportation
 Places of public display
 Recreation sites
 Education sites
 Social service
establishments
 Exercise facilities
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
The ADA was passed in 1990 with
implementing rules issued by the U.S.
Department of Justice (DOJ) effective in 1991.
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In 2010, DOJ made its first significant changes
since 1991.
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Make some changes to the way public
accommodations operate by offering clarification
of requirements – and adding some new
requirements – on topics such as service
animals, ticketing policies for stadiums,
reservations for hotels, time shares, use of
mobility devices, provision of auxiliary aids, etc.
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An inn, hotel, or motel; or
A facility that –
◦ Provides guest rooms for sleeping for stays that primarily are shortterm 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
◦ 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.
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Exception – 5 rooms or less and owner-occupied.
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If you build a new building, or alter an existing building
(more than just paint & carpeting), you must use the 2010
ADA Standards as your guide to making the building
accessible on or after March 15, 2012.
In existing facilities, public accommodations must
remove barriers that are “readily achievable” – easily
accomplishable and able to be carried out without
much difficulty or expense.
◦ What constitutes readily achievable is determined on a caseby-case basis.
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A public accommodation should take measures
to provide access to:
1) the place of public accommodation from public
sidewalks, parking, or public transportation;
2) areas where goods and services are made available
to the public (e.g. moving display racks, rearranging
tables, adding Braille & tactile signage)
3) restroom facilities; and
4) all other goods, services, facilities, privileges,
advantages, or accommodations offered.
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Include, but are not limited to, the following
actions:
1) Providing curb service or home delivery;
2) Retrieving merchandise from inaccessible shelves or
racks;
3) Relocating activities to accessible locations;
4) Rotating movies at multi-screen theaters, some of
which are inaccessible.
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Qualified individuals with disabilities may not be
excluded from participation in, or be denied the benefits
of, the goods, services, programs, or activities of a public
entity or a public accommodation, or be subjected to
discrimination by any public entity or public
accommodation, on the basis of disability.
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Participation in the goods, services or
programs must be in the most integrated
setting appropriate to the needs of the
individual.
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Participation must not be separate or
unequal, unless such action is as effective
as that provided to others.
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Public entities and public
accommodations must modify policies
and procedures so that people with
disabilities are not denied the
opportunity to participate in or benefit
from goods, services, facilities, or
privileges.
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Public entities and public accommodations must
provide auxiliary aids and services sufficient to ensure
that qualified individuals with disabilities may
communicate effectively.
Examples of auxiliary aids and services include:
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Readers
Note takers
Braille
Real-time captioning
Video relay
Sign language interpreters
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New regulations say definition is a dog, a dog, and only
a dog.
Must be individually trained to perform one or more
tasks related to the person’s disability.
Can be a guide dog, hearing dog, seizure-sensing dog,
etc.
Entities may ask about tasks the animal performs, but
not about its owner’s disability.
No certification or licensing
is required.
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Public entities and public accommodations may now
be asked to modify their policies, practices and
procedures to allow miniature horses as service
animals.
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This modification will
be necessary unless the
entity can demonstrate a
fundamental alteration,
violation of legitimate safety
requirements, or a direct threat.
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Definitions –
• Wheelchair – 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.
• Manually-Powered Mobility Aids – walkers, canes, etc.
• Other Power-Driven Mobility Device (OPDMD) – any
mobility device powered by batteries, fuel or other
engines – whether or not designed primarily for use by
individuals with disabilities – that is used by individuals
with a mobility disabilities for the purpose of
locomotion.
• Examples: Segways®, ATVs.
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Wheelchairs and manually-powered mobility aids (as
defined above) are always allowed in any pedestrian use
area.
Covered entities must make modifications in policy,
practice or procedure to allow individuals with mobility
disabilities to use OPDMDs, unless the entity can
demonstrate that the OPDMD cannot be operated in
accordance with legitimate safety requirements.
There are 5 factors for assessing OPDMDs (see secs.
35.137(b)(2) & 36.311(b)(2)).
There are also permissible and impermissible questions
Covered entities should develop an OPDMD policy.
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Housing operated by or on behalf of a place of
education (includes Greek)
◦ Undergraduate, occupied school year only = follow “transient
lodging ++” standards
◦ Graduate = follow residential standards (5% / 2%)
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Undergraduate – transient lodging ++:
◦ Rooms with mobility and communication features dispersed
among room types
◦ Accessible route throughout the unit
◦ Turning space (60” or T-shaped turn)
DBTAC - Pacific ADA Center
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The ADA does not apply to private housing, except as
noted in this presentation, and in public areas of
private housing sites (e.g. rental or sales office, public
parking, recreation room open to the public).
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Single family detached homes are not covered by
accessibility law.
◦ Caveat: Homeowners Associations have general nondiscrimination and policy modification requirements under
the Fair Housing Amendments Act (see below).
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Fair Housing Amendments Act (FHAA)
◦ Became effective in 1989.
◦ Prohibits discrimination in sales or leases of single family and
multi-family dwellings regarding race, color, sex, religion,
disability, and families with children.
◦ Requires reasonable accommodations for PWDs:
 Making policy modifications.
 Allowing tenants to make and pay for structural modifications if
done properly. Can require tenant to post $$ in escrow to return
premises to original condition.
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Under FHAA, newly constructed multi-family dwellings
with 4 or more units, ready for first occupancy on or after
March 13, 1991, must provide the following 7 basic
accessible design features to people with disabilities:
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At least one building entrance must be on an accessible route.
All public and common use areas must be readily accessible.
All doors into and within all premises must have wheelchair passage.
All premises must contain an accessible route into and through
them.
◦ All light switches, electrical outlets, thermostats, and environmental
controls must be placed in an accessible location.
◦ Reinforcements in bathroom walls for later installation of grab bars
around toilet, tub, and shower must be provided.
◦ Usable kitchens and bathrooms that allow a person who uses a
wheelchair to maneuver about the space must be provided.
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FHAA’s accessible design features apply to all units in
buildings with elevators, and to ground floor units in
multi-level buildings without elevators (except multistory townhouses).
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• Neither public entities nor public
accommodations may place a surcharge only
on particular individuals with disabilities or
groups of individuals with disability to cover
any additional cost that may result from
complying with the ADA.
 EXAMPLES: charging for
use of a TTY. Charging extra for an accessible
hotel room.
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• Both public entities and public
accommodations must maintain in working
order equipment and features of facilities
that are required to provide ready access to
individuals with disabilities.
• Isolated or temporary interruptions in access
due to maintenance and repair of accessible
features are not prohibited.
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Addresses telephone and television access for people
with hearing and speech disabilities.
Requires common carriers (telephone companies) to
establish interstate and intrastate telecommunications
relay services (TRS) 24 hours a day, 7 days a week.
◦ TRS enables callers with hearing and speech disabilities who
use TTYs (also known as TDDs), and callers who use voice
telephones to communicate with each other through a third
party communications assistant or operator.
◦ To reach the California Relay Service, dial 711.
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Title I – U.S. Equal Employment Opportunity
Commission (EEOC)
Titles II & III Generally – U.S. Department of Justice
(USDOJ)
Titles II & III Education – U.S. Department of Education
(USDOE)
Titles II & III Transportation – U.S. Department of
Transportation (USDOT)
Title IV – Federal Communications Commission
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In Lonberg v. Sanborn Theaters, Inc., 259 F.3d 1029
(9th Cir. 2001), the Ninth Circuit Court held that under
section 303 of the ADA (Title III), only owners and
operators of facilities – not architects or builders –
are liable for the design and construction of a facility
that was built in violation of the ADA.
Architects and contractors may have liability for failure
to design and/or build ADA-compliant facilities based
on the terms of the contract with the owner.
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No business of any kind may discriminate on the basis
of a prohibited condition, including disability.
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A violation of ADA is also a violation of Unruh.
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Entitles individuals with disabilities to full and equal
access, as other members of the general public, to
accommodations, advantages, facilities, etc.
Applies to public accommodations, public buildings,
telephone facilities, housing, and transportation.
A violation of ADA is also a violation of DPA.
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Extended accessibility requirements for publicly
funded facilities (required by Government Code
section 4450) to privately funded buildings.
◦ EXAMPLES: retail stores, offices, and shopping malls.
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1973 amendment clarified that alterations to privately
funded buildings would not trigger a requirement to
make the entire building accessible, but rather the area
of remodel, the path of travel to it, and the associated
amenities such as sanitary facilities, drinking fountains
and telephones.
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Requires that publicly funded buildings and facilities be
“accessible to and usable by” persons with disabilities.
Requires the State Architect to develop and submit
proposed building standards to the California Building
Standards Commission for approval and adoption.
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Extended Government Code 4450’s requirements to
altered buildings.
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Clarified that accessibility applied to area of alteration,
path of travel from public way and/or parking, as well
as to the sanitary facilities, drinking fountains and
public telephones serving the remodeled area.
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Provides that if a business obtains a California Access
Specialist (CASp) evaluation and then implements
the recommendations, if the business is sued, it can
seek a stay and early evaluation/settlement process.
Requires notification post-suit of the business
owner’s rights.
Clarifies that statutory damages may only be
awarded if the plaintiff was actually denied full and
equal access on a particular occasion, and apply to
each occasion when access is denied, not to each
separate barrier experienced.
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Amends Unruh Civil Rights Act in several ways.
Prohibits “demand for money” only letters.
Must submit copies of demand letter to the California
Commission on Disability Access and, until January 1, 2016, to
the State Bar.
Prohibits “stacking” multiple claims for the same alleged
violation in order to increase monetary awards.
Any allegation of an access violation must state facts
sufficient to allow defendant to identify basis for the claim.
Requires commercial property owners to state on a lease
form or rental agreement executed on or after July 1, 2013, if
the property being leased or rented has undergone inspection
by a CASP.
Adds state fee of $1 on local business license permit or
renewal to increase disability access and compliance with
construction-related accessibility requirements, and to
develop educational resources for businesses (e.g., CASP
training).
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March 15, 2011 for most revisions to Titles II and III
Regulations, including:
• Service Animals
• Mobility Devices
• Ticketing
• Effective Communication and
• Examinations & Courses
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March 15, 2012 for compliance with the 2010
Standards in:
• New Construction and
• Alterations
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Elements that comply with the corresponding
requirements for those elements in the 1991
Standards need not be modified to comply
with the 2010 Standards unless they are
altered on or after March 15, 2012.
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Both public entities and public accommodations must
use these, effective March 15, 2012, for elements that
had no scoping (how many) or technical requirements
in the 1991 Standards or UFAS.
• Examples: amusement rides, swimming pools, play areas,
fishing piers, residential housing facilities, detention &
corrections facilities, social service center establishments
(e.g. shelters), and assembly areas.
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Entities must use these in existing facilities unless:
◦ undue burden results for a public entity
◦ it is not readily achievable for a public accommodation
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Identify 2 or more building elements that may be subject
to “safe harbor”. Explain your answer.
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2010 ADA Standards for Accessible Design (2010
Standards) and the California Building Code (CBC) are
very similar, but are laid out completely differently.
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CBC applies only to alterations and new construction –
no barrier removal responsibilities.
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It’s important to understand the differences as a
violation of federal laws and standards are
automatically a violation of California law (Civil Code
sections 51 and 54).
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A building code referenced from state civil rights laws
(as noted above).
Compliance with the CBC is enforced by local building
officials.
Compliance with CBC does not assure compliance with
the ADA Accessibility Standards.
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Part of Title 24 of the California Code of Regulations.
◦ Also referred to in this presentation as “Title 24”
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These regulations were adopted by the state Building
Standards Commission in 1981, and took effect in
1982.
Uses the same format as the International Building
Code (IBC).
◦ Current CBC (2011) adopts the 2009 IBC by reference.
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Side reach range now 15” to 48” (instead of 9” to 54”)
Dimensions / reach ranges for children in 3 age groups
Plumbing – drinking fountains & bathrooms
Assembly area seating sight lines and seat dispersion
Employee work area common use circulation paths
Accessible routes
◦ Circulation paths
◦ Routes to stages
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Parking scoping, signage and loading zones
Direct access entrances from parking structures
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Private building access requirements are found in Chapter
11B of Title 24 of the CBC.
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Triennial update – next update 2013.
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The Division of State Architect (DSA) has the responsibility
and authority to develop and enforce accessibility regulations
for California. CA Government Code § 4450 requires DSA to
develop and submit proposed building standards to the
California Building Standards Commission (BSC) for approval
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Which disability accessibility law(s) came first,
California’s or the ADA?
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How do the ADA and the CBC differ with regard to
existing buildings?
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Are there differences in how the ADA and the
California Building Code are enforced? If so, what are
those differences?
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Layout and approach to the 2010 Standards and the
CBC
◦ ADA -10 chapters
◦ CBC- 4 divisions
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Chapter 11A –
◦ Apartment buildings with 3 or more dwelling units
◦ Condominiums with 4 or more dwelling units
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Chapter 11B◦ Commercial facilities
◦ Private facilities open to the public
◦ Public spaces
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Division I- New buildings
◦ Provides scoping
◦ Occupancy type
◦ Definitions
◦ In general, things inside the building
 Toilet facilities
 Employee areas
 Ground and floor surfaces etc.
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Division II – Site accessibility
◦ Accessible routes
◦ Parking and drop off zone requirements
◦ Outdoor occupancies
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Division III – Entrances, exits, and paths of
travel
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Division IV- Existing buildings
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Alterations of existing buildings and historic
preservation
Division V -Features Common to Exterior and
Interior of Buildings
◦ Accessible drinking fountains
◦ Swimming pools
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1.
Application and Administration – standards,
conventions, and definitions
2.
Scoping Requirements – what and how many of
something needs to be accessible
3.
Building Blocks – general assurances to access
4.
Accessible Routes
5.
General Site And Building Elements
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6.
Plumbing Elements And Facilities
7.
Communication Elements And Features
8.
Special Rooms, Spaces and Elements
9.
Built-In Elements
10.
Recreation Facilities
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Contains definitions, construction tolerance information,
and referenced standards for accessibility to sites, facilities,
buildings, and elements by individuals with disabilities.
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Construction Industry Tolerances
◦ “All dimensions are subject to conventional industry tolerances
except where the requirement is stated as a range with specific
minimum and maximum end points” (104.1.1).
◦ CBC says same as 2010 Standards regarding ranges, but otherwise
tolerances must be evaluated on a case-by-case basis (IR 11B-8).
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Referenced Standards
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2010 Standards definitions are found in section
106.
◦ The meaning of terms not specifically defined in 106.5
or in regulations issued by the Department of Justice to
implement the ADA, or in referenced standards, shall
be defined by collegiate dictionaries in the sense that
the context implies.
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CBC definitions are found in section 202.
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ANSI/BHMA - American National Standards Institute - 1997, 1999 & 2002
editions
o Power-assist and power-operated doors
ASME - American Society of Mechanical Engineers – 1999, 2000 & 2003
editions
◦ Elevators, escalators, chair lifts and platform lifts
ASTM - American Society for Testing and Materials – 1999, 2001 & 2004
editions
◦ Surface materials
ICC/IBC – International Building Code – 2000, 2001 & 2003 editions
◦ Egress, areas of refuge, and railings provided on fishing piers and platforms
NFPA - National Fire Protection Association – NFPA 72 1999 & 2002 editions
◦ Audible and visible alarms
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ADA references IBC section on egress:
◦ At least one accessible means of egress is required for every
accessible space, and at least two accessible means of egress
are required where more than one means of egress is
required from an accessible space.
◦ Technical criteria for accessible means of egress allow the use
of exit stairways and evacuation elevators (when provided) in
conjunction with horizontal exits or areas of refuge.
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CBC egress requirements are located in chapter 10 and
are equivalent to those in the 2010 Standards.
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In new construction, all entrances and ground floor exit
doors must be made accessible for persons with
disabilities. Exit-only doors (doors without entry hardware)
are required to be accessible and egressible (i.e., able to be
used for egress) in the direction of egress for people with
disabilities.
Exceptions to Accessibility Requirement:
◦ 1. Exits, when an area for evacuation assistance (AEA) is provided.
 AEA not required in buildings or facilities with a supervised automatic
sprinkler system.
◦ 2. Exterior ground-floor exits serving smoke-proof enclosures,
stairwells, and exit doors servicing stairs only.
◦ 3. Exits > required which are more than 24 inches above grade.
 Signs warning that these doors are not accessible are required.
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In existing buildings, when provisions of CBC Section
1134B.2 apply, there are no requirements for an
egressible route other than the primary entrance.
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Accessible routes
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Chapter 11A, Sections 1110A.1 and 1120A, or Chapter 11B, Section 1114B.1.2, as applicable
Interior exit stairways
◦ Chapter 11A, Sections 1007.3, 1026, and 1123A, or Chapter 11B, Section 1133B.4, as applicable
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Exterior exit stairways
◦ Sections 1007.3, 1026, and Chapter 11A, Section 1115A, or Chapter 11B, Section 1133B.4, as
applicable
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Elevators
◦ Section 1007.4 and Chapter 11A, Section 1124A, or Chapter 11B, Section 1116B.1, as applicable,
Section 2702.2.5
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Platform lifts
◦ Section 1007.5 and Chapter 11A, Section 1124A, or Chapter 11B, Section 1116B, as applicable, Section
2702.2.6

Horizontal exits
◦ Section 1025

Ramps
◦ Section 1010 and Chapter 11A, Sections 1114A and 1122A, or Chapter 11B, Section 1133B.5, as
applicable

Areas of refuge
◦ Section 1007.6

Historic properties
◦ Chapter 8-5
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
Explains the “what” and “how many” of an element
that needs to comply
◦
◦
◦
◦



e.g. how many parking spaces in a lot need to be accessible
General exceptions
Operable Parts
Accessible Routes
Accessible Means of Egress (see slides above for more
info)
New construction
Alterations and modifications
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

2010 Standards apply to fixed or built-in elements of
buildings, structures, site improvements, and
pedestrian routes or vehicular ways located on a site
(Title II regulations section 35.151(d); Title III
regulations section 36.406(b)).
Elements not specifically scoped by the 2010 Standards
may be subject to the Title II or III requirement for
modifications to policy practice or procedure.
◦ Example: non-fixed tables in restaurants may need to be
moved as a matter of policy, practice or procedure.
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
All newly constructed places open to the public and
all commercial facilities must be readily accessible to
and usable by individuals with disabilities to the
extent that it is not structurally impracticable.
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

Elevators are required (unless another exception
applies) in Title II or public buildings
Title III buildings
◦ Title III of the ADA, however, contains an exception to the
general rule requiring elevators. Elevators are not required in
facilities under three stories or with fewer than 3,000 square
feet per floor, unless the building is a shopping center or mall;
professional office of a health care provider; public transit
station or depot; or airport passenger terminal.

CBC - a shopping center (or shopping mall) is one or
more sales or rental establishments or stores.
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
Full compliance with new construction requirements
not required where a covered entity can
demonstrate structural impracticability:
◦ Considered only rarely when the unique characteristics of
terrain prevent the incorporation of accessibility features.
◦ Compliance still required to the extent that it is not
structurally impracticable - any portion of the facility that can
be made accessible shall be made accessible.
◦ If providing wheelchair accessibility is structurally
impracticable, accessibility shall be ensured to persons with
other types of disabilities, (e.g., those who use crutches or
who have sight, hearing, or mental impairments).

CBC refers to “site impracticality” in Chapter 11A.
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
A two-story office building has 40,000 square feet on
each floor. Is an elevator required? What factors would
you consider?
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Answer each scenario below “yes” or “no” as to the elevator
requirement:
1.
A two-story shopping center with 40,000 square feet on
each floor.
2. A four-story building has 2900 square feet per floor.
3. A four-story office building has 3500 square feet on the
first floor and 2500 square feet on each of the other
floors.
4. A newly constructed building intended for physical
therapy offices will have two floors. The first floor will
include patient treatment areas and the second floor will
be reserved exclusively for private physician offices and
storage space.
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
Moe owns a large piece of land on which he plans to build
many facilities, including office buildings, warehouses, and
stores. The eastern section of the land is fairly level, the
central section of the land is extremely steep, and the
western section of the land is marshland. Moe assumes
that he only needs comply with the new construction
requirements in the eastern section. He notifies his
architect and construction contractor to be sure that all
buildings in the eastern section are built in full compliance
with the 2010 Standards. He further advises that no ADA
requirements apply in the central and western sections.

Who is liable for violation of the ADA in the above
example?
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
CBC section 202 “Alteration or Alter” is any change, addition
or modification in construction or occupancy or structural
repair or change in primary function.
◦ A change of occupancy could mean permits withheld until everything is
made accessible

Each facility or part thereof altered by, on behalf of, or for the
use of a covered entity in a manner that affects or could
affect the usability of the facility, must be altered so that the
altered portion of the facility is readily accessible to and
usable by individuals with disabilities.
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
An alteration that affects or could affect usability or access to
a primary function area of a facility must ensure that, to the
maximum extent feasible, the path of travel to the altered
area and the restrooms, telephones, and drinking fountains
serving the altered area are readily accessible to and usable
by individuals with disabilities, unless the cost and scope of
such alterations is disproportionate to the cost of the overall
alteration.
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

A “primary function” is a major activity for which the
facility is intended.
EXAMPLES: the dining area of a cafeteria, the meeting
rooms in a conference center, offices and other work areas
in which the activities of the entity using the facility are
carried out.
◦ 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.
◦ 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.
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
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.
◦ 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.
◦ “Path of travel” also includes the restrooms, telephones, and
drinking fountains serving the altered area.
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
Disproportionality under 2010 Standards
◦ Alterations made to provide an accessible path of travel to the
altered area will be deemed “disproportionate” to the overall
alteration when the cost exceeds 20 % of the cost of the
alteration to the primary function area.
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
CBC Valuation Threshold
◦ 2012 threshold amount = $136,060
◦ Based on the building official’s discretion on an application
of unreasonable hardship, an alteration exceeding the
threshold likely will be required to exceed the ADA 20 %
rule.
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
Costs that may be counted as expenditures
required to provide an accessible path of travel
may include:
◦ accessible entrance and an accessible route to the
altered area
◦ accessible restrooms
◦ public telephones
◦ drinking fountain accessibility
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

Alterations to historic properties shall comply, to the
maximum extent feasible, with the provisions
applicable to historic properties in the design
standards specified in . . . Title II regulations §
35.151(c) and Title III regulations §36.405.
If it is not feasible to provide physical access to an
historic property in a manner that will not threaten or
destroy the historic significance of the building or
facility, alternative methods of access shall be
provided.
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“Qualified historical buildings shall comply with the State
Historical Building Code, Part 8, Title 24, of the
California Code of Regulations.”
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
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 (2010
Standards 103)

Use of other designs and technologies, or deviation from
particular technical and scoping requirements, are
permitted if the application of the alternative provisions
would threaten or destroy the qualified historical
significance or character-defining features of the
historical building or property (CBC section 8-604).
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
Exists when the enforcing agency finds that compliance
with the building standard would make the specific work of
the project affected by the building standard unfeasible,
based on an overall evaluation of the following factors:
◦ The cost of providing access.
◦ The cost of all construction contemplated.
◦ The impact of proposed improvements on financial feasibility of the
project.
◦ The nature of the accessibility which would be gained or lost.
◦ The nature of the use of the facility under construction and its
availability to persons with disabilities.

Details of finding of unreasonable hardship shall be
recorded and entered in the files of the enforcing agency.
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(Clear floor space)
(Turning space)
(Knee and toe space)
(Changes in level)
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(Reach ranges)
(Protruding
objects)
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ADA

Floor or Ground Surfaces – Firm,
Stable, Slip Resistant:

Changes in Level- ¼” max (or ½” if
beveled with no more than 50%
slope)
CBC
◦ Anything over ½” needs a ramp/lift
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ADA

CBC
Turning Space:
Provide a 60 inch or a “T” turn
◦ no more than 1:48 in all directions
(level)
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ADA

CBC
Clear Floor or Ground Space
◦ Shall be part of accessible route
◦ Slopes not steeper than 1:48 shall be
permitted
◦ Changes in level are not permitted.
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ADA

CBC
Knee Clearance
◦ 9” and 27”above the finish floor.

Toe Clearance.
◦ 25” max
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ADA

CBC
Protruding Objects
◦ Objects more than 27” and not more
than 80”above the finish floor <4”
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ADA

CBC
Reach Ranges
◦ unobstructed side and forward reach
are 15” min and 48” max
 CBC says side reach can be 9 to 54
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ADA

CBC
Reach Ranges
◦ Obstructed Reach
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
ADA
Operable Parts (Door handles,
CBC
dispensers, pay phones etc.)
◦ Placed within one or more of the reach
ranges (unless standards say otherwise)
◦ Operable parts shall be operable with
one hand and shall not require tight
grasping, pinching, or twisting of the
wrist (closed fist, knuckle). The force
required to activate operable parts shall
be 5 pounds maximum.
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An accessible route can consist of:
walking surfaces (with a running slope not
steeper than 1:20), doorways, ramps, curb
ramps, elevators, and platform lifts.
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Walking Surfaces

slope not steeper than 5% or 1:20

cross slope no more than 2% or 1:48
ADA
CBC
◦ CBC says 1:50, but this is still 2%
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ADA



CBC
The clear width of walking surfaces
shall be 36 inches
The clear width shall be permitted to
be reduced to 32 inches minimum
for a length of 24 inches maximum
provided that reduced width
segments are separated by segments
that are 48 inches long minimum
and 36 inches wide minimum
Not less than 44 inches wide if
serving both sides.
CBC says
60” passing
space or
T-intersection
@ reasonable
intervals
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ADA
CBC
Walking Surfaces
CBC 1133B.7
Requires walks, sidewalks
to be 48 inches in width
CBC requires 48”
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CBC requires curb ramp
landings to be 48” deep
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If curb ramp
landing is < 36”
(or 48” in CBC),
ramp flares must
not exceed 1 in 12
maximum
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

In 2010 Standards, required only at transit boarding
platforms
CBC says:
◦ Curb ramps shall have a detectable warning that extends
the full width and depth of the curb ramp, excluding the
flared sides, inside the grooved border.
◦ High contrast required
◦ Only approved DSA-AC detectable warning products and
directional surfaces shall be installed (CBC 1127B.5(7)).
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ADA
CBC
Ramps
 Necessary when changes in level
over ½” and no lift
 No steeper than 1:12 (8.33%)
 Rise > 6 inches is to have handrails
 No run to exceed 30 inch rise
 Ramp runs need top and bottom
landings
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ADA

Ramp runs need top and
bottom landings
CBC
72 inches
◦ ADA requires 60” landing
◦ CBC says bottom and landings
that change direction are to
be 72” in direction of run
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ADA
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

CBC
Doors, Doorways, and Gates
Doors, doorways, and gates that are part of
an accessible route
At double leaf doors, at least one of the
active leaves is to be accessible
32 inch clear opening
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Type of Use
Minimum Maneuvering Clearance
Approach
Direction
Parallel to
Doorway
Perpendicular to
(beyond latch
Doorway
side unless
noted)
Door or Gate
Side
From front
Pull
60 inches
18/24 inches
From front
Push
48 inches
0 inches
From hinge side
Pull
60 inches
36 inches
From hinge side
Pull
54 inches
42 inches
From hinge side
Push
42 inches
22 inches
From latch side
Pull
48 inches
24 inches
From latch side
Push
42 inches
24 inches
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ADA
CBC
CBC says 24” min on
exterior doors
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ADA
CBC
Door and Gate Hardware



Handles, pulls, latches, locks, and other operable
parts on doors and gates shall be operable with one
hand and shall not require tight grasping, pinching,
or twisting of the wrist . The force required to
activate operable parts shall be 5 pounds maximum.
CBC states that hardware should be mounted 30
inches minimum and 44 inches maximum (ADA says
34 -48”) above the finish floor or ground.
Where sliding doors are in the fully open position,
operating hardware shall be exposed and usable
from both sides.
Note: Hardware that requires simultaneous hand
and finger movements require greater dexterity
and coordination, and is not recommended.
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CBC 36” min.
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CBC 35” min. to bottom row
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Raised characters with Braille
Door jamb signage
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clear opening width 32” min.
“
“
“ 42” min. if side door
controls 15” to 48” aff
CBC – landing 60” by 60”
unless 30” by 48” allows
safe operation
30” by 48” clear floor space
interior
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0
ADA
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CBC
14
1
Parking
Toilet facilities
Counters
Employee Areas
Employee work stations
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Parking
Required number of
accessible spaces
1 to 25
1
26 to 50
2
51 to 75
3
76 to 100
4
101 to 150
5
151 to 200
6
201 to 300
7
301 to 400
8
401 to 500
9
501 to 1000
2 percent of
total
ADA
Required to be van
accessible: 1 in 6
CBC
CBC: 1 in 8
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ADA
CBC
Accessible Parking (car & van)
◦ Length: 18’
◦ Space Width
 Car 9’, Van 11’
◦ Access aisle width
 Car 5’, Van 8’
 Marked “no parking”
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ADA
CBC
Accessible parking space (car & van)
CBC: The surface of the space should
have either:
 Outlining or painting the
space in blue, and outlining or
painting the ground in the
space in white or suitable
contrasting color, a profile view
depicting a wheelchair with
occupant; or
 By outlining a profile view of a
wheelchair with occupant in
white on blue background. The
profile view is to be 36” x 36”.
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ADA
CBC
Access aisle (car & van)
CBC: Hatched lines a maximum of
36 inches (914 mm) on center
shall be painted a color
contrasting with the parking
surface, preferably blue or
white. Border must be blue.
The words “NO PARKING”
shall be painted on the
ground within each loading /
unloading access aisle.
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CBC additional signage requirement
“Unauthorized vehicles parked in designated
accessible spaces not displaying distinguishing
placards or special license plates issued for
persons with disabilities will be towed away at
the owner’s expense.
Towed vehicles may be reclaimed at
___________________ or by telephoning
____________________.”
Blank spaces are to be filled in with appropriate
information as a permanent part of the sign.
See 1129B.4 Identification of parking spaces for
additional requirements
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ADA



CBC
16-18” from side wall
Clear space 60” from side and 56”
from rear wall
17-19” to the top of the seat
CBC = 18”
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CBC - 36” to far edge from rear wall
CBC -19” min.
CBC - 12”
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ADA and CBC
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






Fire Alarm Systems
Signs
Telephones
Detectable Warnings
Assistive Listening Systems
ATMs & Fare Machines
Two-Way Communication Systems
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
Where provided, compliance is required in:

Alterations Exception - compliance required
only when system upgraded/ replaced or
new one is installed
◦ Public and Common Use Areas
◦ Employee Work Areas – wiring for visual
alarms
◦ Transient Lodging Guest Rooms
◦ Residential Dwelling Units
(2010 Standards sec. 215)
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 NFPA
72 National Fire Alarm Code
(1999 or 2002) – referenced standard
 2010 Standards - sound level of 110 dB
max.
 Exception for systems in medical care
facilities – in accordance with industry
practice
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 NFPA
72 covers:
◦ flash rate & pulse duration
◦ location - wall & ceiling
◦ minimum intensity
◦ larger coverage thru fewer appliances
◦ many spaces (other than corridors)
can be covered by 1 appliance
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
Designations for permanent rooms and spaces and exit
doors
◦ Both tactile and visual requirements

Directional and Informational Signs only visual
requirements
(2010 Standards 216 Scoping & 703 Visual Characters)
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
Must be identified where not all are accessible:
◦ Entrances
◦ Elevators
◦ Toilet and Bathing Rooms
◦ Check-Out Aisles
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



Building directories, menus, seat and row designations in
assembly areas, occupant names, building addresses, and
company names and logos are not required to comply.
Interior and exterior signs identifying permanent rooms
and spaces shall comply..
Where pictograms are provided as designations of
permanent interior rooms and spaces, the pictograms shall
comply, and shall have text descriptors.
Signs that provide direction to or information about
interior spaces and facilities of the site shall comply (2010
Standards 703).
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


Doors at exit passageways, exit discharge, and exit stairways
shall be identified by tactile signs complying with 703.1, 703.2,
and 703.5.
Where not all entrances comply with 404, entrances complying
with 404 shall be identified by the International Symbol of
Accessibility complying with 703.7.2.1. Directional signs
complying with 703.5 that indicate the location of the nearest
entrance complying with 404 shall be provided at entrances that
do not comply with 404.
Each assembly area required by 219 to provide assistive listening
systems shall provide signs informing patrons of the availability
of the assistive listening system. Assistive listening signs shall
comply with 703.5 and shall include the International Symbol of
Access for Hearing Loss complying with 703.7.2.4.
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


Identification and directional signs for public TTYs shall
be provided.
Where more than one check-out aisle is provided,
check-out aisles complying with 904.3 shall be
identified by the International Symbol of Accessibility.
Where check-out aisles are identified by numbers,
letters, or functions, signs identifying check-out aisles
shall be located in the same location as the check-out
aisle identification.
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Tactile & Visual







“Room 123”
“Restroom”
“Mechanical Room”
“Exit”
“Floor B”
“Ballroom A”
Exit discharge
Visual Only




“Exit” with arrow
(directional)
“Accounting Department”
“Allen Smith, Professor”
“Visitors must sign in”
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
Means of Egress:
◦
◦
◦
Exit Doors – tactile and visual, includes exit discharge
Areas of refuge – instructions
Directional Signs – visual characters

Amusement Rides – access/locations

Parking:
◦ Exceptions where 4 or fewer spaces and assigned residential
parking
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

CBC still says mount 60 inches on center
Bathroom signs:
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Capacity of Seating in Assembly Area
Minimum Number ofRequired Receivers
Minimum Number of Required Receivers Required to
be Hearing-aid Compatible
50 or less
2
2
51 to 200
2, plus 1 per 25 seats over 50 seats1
2
201 to 500
2, plus 1 per 25 seats over 50 seats1
1 per 4 receivers
501 to 1000
20, plus 1 per 33 seats over 500 seats1
1 per 4 receivers
1001 to 2000
35, plus 1 per 50 seats over 1000 seats1
1 per 4 receivers
2001 and over
55 plus 1 per 100 seats over 2000 seats1
1 per 4 receivers
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


Devices that do not require handsets are easier to use
by people who have a limited reach.
The system shall provide both audible and visual
signals.
Handset cords, if provided, shall be 29 inches (735
mm) long minimum (708).
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
801 General

802 Wheelchair Spaces, Companion Seats, and Designated
Aisle Seats

803 Dressing, Fitting, and Locker Rooms

804 Kitchens and Kitchenettes

805 Medical Care and Long-Term Care Facilities

806 Transient Lodging Guest Rooms
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
807 Holding Cells and Housing Cells

808 Courtrooms

809 Residential Dwelling Units

810 Transportation Facilities

811 Storage
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
Includes stadiums, stadium-style theaters,
classrooms, auditoriums, courtrooms, etc.
Reduced scoping of wheelchair seats
Accessible route is required (must provide egress)
Dispersion is required:

Companion seats

Line of sight over standing spectators



◦ horizontal, vertical, and in stadium-style movie theaters
◦ Shoulder to shoulder; same elevation
(2010 Standards secs. 35.151(g), 206, 221, and 802; CBC sec.
1104B.3)
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# of Seats
Wheelchair Spaces
4 – 25
1
26 – 50
2
51 – 150
4
151 – 300
5
300+
see 2010 Standards 221.2.1.
In CA for 51+ seats, use the following:
51 – 300
4
301 – 500
6
501+ seats
add 1 wheelchair space for every 100 seats
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Line of sight – seated spectators
Line of sight – standing spectators
Single wheelchair location
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Front or rear entry
Side entry only
Companion seat – shoulder to shoulder
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


Transient lodging facilities shall provide accessible guest
rooms (2010 Standards sec. 224, CBC sec. 1111B.4).
Certain facilities used for transient lodging, including time
shares, dormitories, and town homes may be covered by
both these requirements and the Fair Housing
Amendments Act.
The Fair Housing Amendments Act requires that certain
residential structures having covered multi-family dwelling
units that include certain features of accessible and
adaptable design according to guidelines established by the
U.S. Department of Housing and Urban Development
(HUD).
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Total Number of
Guest Rooms
Provided
Minimum
Number of
Required Rooms
Without
Roll-in Showers
Minimum
Number of
Required Rooms
With
Roll-in Showers
Total Number of
Required Rooms
1 to 25
1
0
1
26 to 50
2
0
2
51 to 75
3
1
4
76 to 100
4
1
5
101 to 150
5
2
7
151 to 200
6
2
8
201 to 300
7
3
10
301 to 400
8
4
12
401 to 500
9
4
13
501 to 1000
2 percent of total
1 percent of total
3 percent of total
1001 and over
20, plus 1 for each
100, or fraction
thereof, over 1000
10, plus 1 for each
100, or fraction
thereof, over 1000
30, plus 2 for each
100, or fraction
thereof, over 1000
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Total Number of Guest Rooms Provided
Minimum Number of Required Guest
Rooms With Communication Features
2 to 25
2
26 to 50
4
51 to 75
7
76 to 100
9
101 to 150
12
151 to 200
14
201 to 300
17
301 to 400
20
401 to 500
22
501 to 1000
5 percent of total
1001 and over
50, plus 3 for each 100 over 1000
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



Guest rooms with mobility and communication
features must be dispersed among the various classes
of guest rooms, and must provide choices of types of
guest rooms, number of beds, and other amenities
comparable to the choices provided to other guests.
If full dispersion not provided, priorities are: guest
room type, number of beds, and amenities.
At least one guest room required to provide mobility
features shall also provide communication features.
Not > 10 percent of guest rooms required to provide
mobility features shall have communication features.
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901 General
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902 Dining Surfaces and Work Surfaces
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903 Benches
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904 Check-Out Aisles and Sales and Service Counters
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Work station is 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.
Within employee work areas, clearances on common use
circulation paths shall be permitted to be decreased by
work area equipment provided that the decrease is
essential to the function of the work being performed (ADA
403.5).
Specific work stations need only comply with aisle width
(36” or 44”)
Entryways shall be 32” (CBC 1123B)
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Accessible counters and work
surfaces
 Designed for forward approach
(with knee and toe space)
 Between 28” and 34” AFF
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In locker rooms, dressing rooms and fitting rooms, there must
be at least one room with a bench.
Benches must be affixed to the wall or have back support.
CBC 24” wide by 48” long
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Accessible sales and service
counters
 Designed for parallel approach
 Maximum 34” or 36” AFF,
 36” wide
 Full depth
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1001 General
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1002 Amusement Rides
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1003 Recreational Boating Facilities
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1004 Exercise Machines and Equipment
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1005 Fishing Piers and Platforms
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1006 Golf Facilities
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1007 Miniature Golf Facilities
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1008 Play Areas
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1009 Swimming Pools, Wading Pools, and Spas
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1010 Shooting Facilities with Firing Positions
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CBC says the following:
◦ An accessible route will be required to one of each type of
feature available in playground equipment, with
engineered wood, properly installed and maintained, rollout mats, or rubber surfaces deemed to be accessible
surfaces.
◦ Raised features must be available at grade or by transfer
points which lead to elevated areas by way of stepped
platforms. All features at grade level must also be
accessible, and a range of play features must be provided
(at least one of each type) (CBC Checklist 20; Policy 99-02
under revision)
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ADA Standards address similar elements but more
extensively (ADA 1008)
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Required means of access into the water
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Primary means of entry must be a sloped entry or a lift
Secondary means of entry can be:
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◦ Over 300 linear ft of pool wall = 2 (one primary)
◦ Less than 300 linear ft of pool wall = 1 “fixed” lift or sloped entry
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one of the two primary means of entry
transfer wall
transfer system
stairs
Independent operation from the deck and the water is key
Pool lift weight capacity - 300 pounds (136 kg) minimum, and
capable of sustaining a static load of at least one and a half times
the rated load
(2010 Standards secs. 242 & 1009)
CBC requires a “mechanism to assist persons with disabilities in
gaining entry into the pool and in exiting from the pool.” Pool lifts
may be used, if they comply with the criteria in CBC 1104B.4.3(4).
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For questions or further assistance contact us at:
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• Email: [email protected]
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