As a result of the Division of the State Architect’s (DSA) efforts to reconcile and align the recently adopted federal accessibility requirements with the existing State building codes, the DSA has identified five conflicts between State and federal accessibility regulations that cannot be resolved by using the more stringent of the two requirements.
Because of these conflicts, construction of new facilities or alteration of existing facilities under current State Building Code provisions may be out of compliance with the 2010 Americans with Disabilities Act (ADA) Standards. Every newly constructed or altered toilet facility within California will violate some aspect of the 2010 ADA Standards until the 2013 California Building Code goes into effect on January 1, 2014. Violations of the 2010 ADA Standards, even technical ones, are violations of California Civil Code § 54 (c) likely resulting in further lawsuits over technical violations for even fractions of an inch.
In an effort to resolve these conflicts, and reduce the likelihood of access related lawsuits, the Division of the State Architect will introduce emergency regulations at the July 19, 2012 California Building Standards Commission (Commission) meeting.
The AIACC is supporting the emergency regulations and in addition requests its members also send letters of support for the emergency regulations to the Commission. A sample letter to the Commission has been provided for your convenience. Also, rulemaking documents and information relating to these emergency regulations may be found here.
Please send your letters and additional comments to:
Jim McGowan, Executive Director
Building Standards Commission
2525 Natomas Park Drive, Suite 130
Sacramento, CA 95833