Understanding Accessibility Compliance for California’s Publicly-Funded Projects

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Understanding Accessibility Compliance for California’s Publicly-Funded Projects​

When it comes to publicly-funded projects in California, both federal and state laws play a critical role in ensuring accessibility for individuals with disabilities. This article breaks down the key regulations that public entities must follow to comply with accessibility standards under the Americans with Disabilities Act (ADA) and the California Building Code (CBC).

Defining Public Entities Under ADA Title II​

The foundation of accessibility compliance for publicly-funded projects begins with Title II of the Americans with Disabilities Act (ADA). Title II covers all programs, services, and activities provided by public entities, which include:

• State or local governments.
• Departments, agencies, and special-purpose districts.
• The National Railroad Passenger Corporation (Amtrak) and commuter authorities.

If a project is funded, even partially, by any of these public entities, it must comply with Title II of the ADA. Title II is broad in scope, ensuring that public buildings, services, and programs are accessible to individuals with disabilities, regardless of whether the program receives federal funds. This differs from Section 504 of the Rehabilitation Act, which only applies to programs receiving federal financial assistance.

Why Title II Matters for Local Governments​

While Section 504 is limited to federally funded programs, Title II of the ADA extends beyond that. It mandates that even public programs without federal funding—such as local government facilities, courts, and public transportation—must comply with accessibility requirements. This provides consistent protection for individuals with disabilities, ensuring they have equal access to all public services and facilities, regardless of whether the service is federal, state, or local.

Title II guarantees that no public entity can provide fewer protections for individuals with disabilities than what is required under Section 504, making ADA Title II a vital piece of legislation for ensuring equality in publicly-funded projects.

California’s Publicly-Funded Projects: Accessibility Standards​

In California, Section 1.9.1.1 of the California Building Code (CBC) specifies accessibility requirements for projects funded by public money. This includes buildings, sidewalks, curbs, and related facilities constructed using state, county, or municipal funds, as well as other political subdivisions of the state. Additionally, if public funds from external sources are transferred to a state or local entity, that entity is responsible for ensuring compliance with the same accessibility guidelines.

Here’s a breakdown of the key provisions:

• Section 1.9.1.1.1: All publicly-funded buildings, structures, and related facilities in California must be accessible to individuals with disabilities.
• Section 1.9.1.1.2: Buildings leased, rented, or contracted by municipal, county, or state divisions of government must meet accessibility standards.
• Section 1.9.1.1.3: Existing publicly-funded buildings undergoing alterations, structural repairs, or additions must comply with updated accessibility standards outlined in CBC Chapter 11B.
• Section 1.9.1.1.4: Even buildings or structures that don’t require a building permit must still meet accessibility requirements as per the California Building Standards Code.

Public Housing and Accessibility Requirements​

Section 1.9.1.3 of the CBC adds further detail regarding public housing. Projects involving public housing must comply with specific accessibility regulations under Government Code Section 12955.1(c). This ensures that public housing developments remain accessible to individuals with disabilities, reflecting the same standards applied to other publicly-funded projects.

Ensuring Compliance: Meeting Both Federal and State Standards​

California’s publicly-funded projects must navigate both federal ADA requirements and the state-level CBC accessibility standards. It’s critical to understand that while Title II of the ADA provides the baseline, California’s regulations can be more stringent. Any project that fails to meet the stricter requirements between the two sets of guidelines could expose public entities and contractors to legal and financial liabilities.

This dual-layer of compliance means that public agencies in California—and their contractors—must ensure their projects meet both federal and state regulations. While ADA Title II sets the bar, any conflicting state laws must provide equal or greater protection for individuals with disabilities.

Consequences of Non-Compliance​

Failure to adhere to these accessibility guidelines can have serious legal and financial implications for public entities. If a project does not meet the requirements of Title II of the ADA or the more stringent aspects of the CBC, it could result in lawsuits, costly retrofits, and delays in project completion. Both state and local agencies must ensure that projects comply with both sets of standards to avoid these outcomes.

Conclusion: Striking the Balance Between Federal and State Laws​

California’s publicly-funded projects are subject to both ADA Title II and the California Building Code. Compliance with these regulations ensures that all individuals, regardless of disability, have access to public facilities, services, and programs. By understanding and adhering to these guidelines, public entities can avoid legal pitfalls, ensure equal access, and maintain the integrity of their projects.

When planning publicly-funded projects, state and local governments, as well as contractors, must remember that the stricter of the federal or state laws will prevail. As such, projects must meet both ADA and CBC standards to provide the necessary level of accessibility and protect the rights of individuals with disabilities.