Accessibility basics for California

[cheyer]

This may be geared for Ca. folks, but, here goes, in a nutshell, can someone explain to me what structures are required to have "accessibilty" (for example, the interior offices of a "B" occupancy, would they be allowed to have thumbturn hardware on their required exits?)......also I've noticed Chapter 11 of the CBC for the most part is only adopted by HUD and DSA..(is this due to public buildings vs. private?)

Lastly, how does enforcement of ADA actually take place , since only DOJ is supposed to enforce violations?

Thanks a ton.

 

[MarkRandall]

I'm not in California, but I can guess that just about everything except single family residential has accessibility requirements.

ADA is enforced through the court system.

 

[mark handler]

All new Non-Residential buildings Shall be accessible. Chapter 11B CBC

A percentage of new Multi-family residential units shall be accessible and or adaptable Chapter 11A CBC

Unless you know what you are doing do not look at the adoption tables

This link is a quick reference list of major California Civil and Federal laws and regulations that address discrimination on the basis of disability.

http://www.disabilityaccessinfo.ca.gov/lawsregs.htm

Existing Non-residential building "Should" be accessible.

I need more info to give more info

 

[cheyer]

Thanks MR..

MH,

Existing office building with new TI space, both exits to corridor have thumb-turn locking mechanism on egress side, and is keyed on ingress side...would these exits normally be required to be an "accessible" (hence your "should") and require different hardware to allow the disabled to use?

"Unless you know what you are doing do not look at the adoption table"---what does this mean?

 

[Gene Boecker]

Ah, the infamous thumbturn. . .

Can you open and close it with a closed fist and thumb?

hardware must not require tight pinching or twisting of the wrist - whether you are in California or anywhere else in the country.

 

[mark handler]

Cheyer

Office building accessibility will not deal at all with the HCD, so the adoption tables are Moot in this case

Both chapter 10 and 11B, not 11A, apply and yes accessible devices are required. The thumb-turn locking mechanism, may not comply. Some actions requiring tight grasping, pinching, and twisting of the wrist to operate do not comply.

The use of the Matrix Adoption Tables to identify those provisions that each agency enforces which provisions you will notice that most chapters have the local Adopting the Entire Chapter.

The HCD (Department of Housing and Community Development) handles public and private housing.

The DSA (Division of State Architect) All Non-Residential Occupancies including those Non-Residential elements in residential projects.

The two agencies have different mission statments, as it relates to the code

DSA

The purpose of this code is to ensure that barrier-free design is incorporated in all buildings, facilities, site work and other developments to which this code applies and to ensure that they are accessible to and usable by persons with disabilities.

The Division of the State Architect provides design and construction oversight for K–12 schools, community colleges, and various other state-owned and leased facilities. The Division also develops accessibility, structural safety, fire and life safety, and historical building codes and standards utilized in various public and private buildings throughout the State of California.

HCD

The purpose of this code is to establish the minimum requirements necessary to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, accessibility, use and occupancy, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment.

DSA provisions do not handle a dorm room but does handle the cafeteria, in the same building.

ADA is not Enforced by any state agency

 

[cheyer]

Thanks for the info MH, I appreciate it.

Thanks, GB.

 

[mark handler]

No problem

 

[TimNY]

As an element of the means of egress, the exit door should not require turning of the thumblatch to exit. I am not sure if that is the case (some doors can have a thumblatch, but are always unlocked from the inside).

So, yes you have an accessibility issue, but beyond that you may have a Chapter 10 issue as well.

What is "TI space"? Is it a result of an alteration? Depending on the answer, it may or may not be required to be accessible per IBC. As noted, ADA is a whole other ballgame to which we are merely spectators.

 

[cheyer]

Timny,

T.I. refers to a tenant improvement...thanks for the response

 

[Yikes]

cheyer, just to clarify:

Mark Handler is right, ADA is not enforced (plan-checked or inspected) by any state (or local) agency... but you still better comply with it and check it yourself!

It is enforced by civil courts all across the US, when people sue the building owner for violation of their civil rights.