The regulations for access compliance that apply to buildings and facilities in California are determined by project type, project ownership (Private, State or Local Government, or Federal Government), and date of construction (new facilities or remodels must comply with all requirements). Facilities constructed prior to 1992 must remove barriers that prevent equal access by individuals with disabilities, "when such removal is readily achievable", which is defined by Section 36.104 of the ADA as, "easily accomplishable and able to be carried out without much difficulty or expense." The use or occupancy of the facility also determines the specific accessibility standards that apply.
The following project types identify owner entities with with the standards required to achieve access compliance.
Public Accommodation & Commercial Facilities Privately owned public accomodations and commercial facilities must comply with the Americans with Disabilities Act Accessibility Guidelines (ADAAG) and the 2010 California Building Code (CBC).
State & Local Government Facilities Buildings and facilities owned by State or Local Governments, must comply with either the Americans with Disabilities Act Guidelines (ADAAG) & the 2010 California Building Code (CBC), or
the Uniform Federal Accessibility Standards (UFAS) & the 2007 California Building Code (CBC).
Federally Funded Residential Facilities Federally funded residential facilities must comply with the Uniform Federal Accessibility Standards (UFAS) and the 2010 California Building Code (CBC).
All other Federally Funded Facilities All other Federal facilities, including projects funded with stimulus monies, must comply with the ABA Accessibility Standard for Federal Facilities and the 2010 California Building Code (CBC).
Guidelines vs. Standards An important distinction under the ADA and ABA is the distinction between Guidelines and Standards. Guidelines are issued by the U.S. Access Board to provide guidance to Federal Agencies, which in turn issue Standards that must be followed to comply with the law.
The agencies responsible for standards under the ADA are the Dept. of Justice (DOJ) and the Dept. of Transportation (DOT).
The agencies responsible for standards under the ABA are the General Services Administration (GSA), the Dept. of Defense (DOD), the Dept. of Housing and Urban Development (HUD) and the U.S. Postal Service (USPS).
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