A Guide to ADA Compliance in California
The Americans with Disabilities Act Standards (ADAS) and Chapter 11 of Title 24 also known as the California Building Code (CBC) are both sets of building standards aimed at ensuring accessibility for individuals with disabilities. However they are associated with different jurisdictions and have some differences in scope and technical requirements. In this article, we will explore some of the differences between the two standards and how they may interact.
Key Differences
Jurisdiction:
ADA Standards: These are federal regulations established under the Americans with Disabilities Act (ADA) and are applicable nationwide in the United States.
Title 24: Title 24 refers specifically to the California Building Standards Code, which includes various parts and chapters regulating building construction, including accessibility requirements. Title 24 applies specifically to construction projects in California.
Scope and Application:
ADA Standards: The ADA Standards apply to a wide range of entities, including places of public accommodation, commercial facilities, and state and local government facilities. The most current 2010 ADAS applies to new construction, additions, alterations AND existing facilities. The ADA Standards are a supporting document to the ADA regulations that prohibit discrimination against people with disabilities. There is no “Grandfather Clause” in the ADA meaning that existing places of public accommodation must comply with the ADAS if Readily Achievable to do so. Failure to comply with the ADA may lead to a civil complaint alleging discrimination.
Title 24: Title 24 applies only to buildings and facilities within California. The specific section of Title 24 that relates to accessibility is Part 2, Chapter 11. This chapter is broken into 2 parts: Chapter 11A (Privately Owner Multi-family Residential) & Chapter 11B (Public Accommodations, Public Buildings & Public Housing). Chapter 11B applies to new construction, additions, alterations and path of travel to areas of alteration. Unlike the ADAS, there is no requirement to retroactively improve accessible elements to the current CBC code unless an alteration occurs to an existing site or in cases where accessible elements were constructed in non-conformance with the applicable standard at the time of construction.
Technical Requirements:
ADA Standards: The ADA Standards provide detailed requirements for accessibility features such as accessible routes, doors, ramps, restrooms, parking, signage, and communication features. They are applicable across the United States and are enforced by the U.S. Department of Justice (DOJ) and the U.S. Department of Transportation (DOT).
Title 24: Title 24 includes accessibility requirements similar to those found in the ADA Standards but often have additional or more stringent requirements that provide a greater level of accessibility than required federally. These requirements are enforced by local building departments in California.
Updates and Amendments:
ADA Standards: The ADA Standards have only been updated and adopted by the US Department of Justice. The original standards were published in 1991 and then updated in 2010. The 2010 ADA Standards for Accessible Design is the most current standard.
Title 24: Title 24 is generally updated every 3 years based on changes to California laws and regulations, as well as advancements in building technology and best practices. Additionally, minor edits or changes to the CBC are generally published between normal code cycles.
While both the ADA Standards and Title 24 aim to promote accessibility, it's essential for architects, designers, and builders to be familiar with the specific requirements of each set of regulations when working on projects subject to these standards. Additionally, local jurisdictions may have their own accessibility requirements that need to be considered alongside federal or state regulations.
Code Interactions
The ADA Standards and Chapter 11B of Title 24 interact but they do so within their respective jurisdictions and regulatory framework. While the 2 standards may look very similar, It is helpful to think of compliance with the ADAS as civil rights mandate and view title 24 as a building code. Noncompliance with the CBC may result in project delays and increased costs during construction but noncompliance with the ADAS may result in a legal complaint alleging discrimination. Here is an example of how the two standards can interact at an existing retail facility with a transaction counter.
Technical Requirements For Transaction Counter Height
2010 ADAS - A portion of the counter surface that is 36 inches long minimum and 36 inches high maximum above the finish floor shall be provided.
2022 CBC - A portion of the counter surface that is 36 inches long minimum and 34 inches high maximum above the finish floor shall be provided.
Scenario 1:
An unaltered retail establishment built in 1985 provides 1 transaction counter measuring 38” in height and 36” in width.
In this situation, the counter does not meet the minimum height as required by the CBC and the ADA. Since the counter height does not the ADA requirement (36” max), the business owner is obligated to reduce the counter height if Readily Achievable to do so. Once the owner takes action to lower the counter, that alteration then triggers the more stringent CBC standard to apply (34” max).
Scenario 2:
An unaltered retail establishment built in 1985 provides 1 transaction counter measuring 35” in height and 36” in width.
In this situation, the width of the counter does not meet the minimum height as required by the CBC, however it does meet the ADA standard (36” max). Since the counter height complies with the ADAS and not alterations have occurred, the business owner is not obligated to reduce the counter height if Readily Achievable. The counter height can remain unchanged until the counter is altered at which time the more stringent CBC standard will apply (34” max).
Navigating Accessibility Compliance in California
Understanding the nuances of how the ADAS and the CBC Standards apply and interact can be difficult for even the most experience designers and contractors. Fortunately, this is exactly what our Certified Access Specialists (CASp) do everyday. If you need assistance with navigating construction-related disability access in California, contact one of our CASp inspectors today.