4450. (a) It is the purpose of this chapter to ensure that all
buildings, structures, sidewalks, curbs, and related facilities,
constructed in this state by the use of state, county, or municipal
funds, or the funds of any political subdivision of the state shall
be accessible to and usable by persons with disabilities.
(b) The State Architect shall develop and submit proposed building
standards to the California Building Standards Commission for
approval and adoption pursuant to Chapter 4 (commencing with Section
18935) of Part 2.5 of Division 13 of the Health and Safety Code and
shall develop other regulations for making buildings, structures,
sidewalks, curbs, and related facilities accessible to and usable by
persons with disabilities. The regulations and building standards
relating to access for persons with disabilities shall be consistent
with the standards for buildings and structures that are contained in
pertinent provisions of the latest edition of the selected model
code, as adopted by the California Building Standards Commission, and
these regulations and building standards shall contain additional
requirements relating to buildings, structures, sidewalks, curbs, and
other related facilities the State Architect determines are
necessary to assure access and usability for persons with
disabilities. In developing and revising these additional
requirements, the State Architect shall consult with the Department
of Rehabilitation, the League of California Cities, the California
State Association of Counties, and at least one private organization
representing and comprised of persons with disabilities.
(c) In no case shall the State Architect's regulations and
building standards prescribe a lesser standard of accessibility or
usability than provided by the Accessibility Guidelines prepared by
the federal Access Board as adopted by the United States Department
of Justice to implement the Americans with Disabilities Act of 1990
(Public Law 101-336).
(d) On or before December 31, 2010, the Division of the State
Architect shall prepare and submit to the United States Department of
Justice for certification proposed amendments to Part 2 of Title 24
of the California Code of Regulations that would ensure California's
building standards for disability access in commercial occupancies
are consistent with the federal regulations cited in subdivision (c).
4450.5. The State Architect's regulations adopted pursuant to
Section 4450 shall require that all parking spaces reserved for the
handicapped be identified as prescribed by Sections 22511.7 and
22511.8 of the Vehicle Code.
4451. (a) Except as otherwise provided in this section, this
chapter shall be limited in its application to all buildings and
facilities stated in Section 4450 intended for use by the public,
with any reasonable availability to, or usage by, persons with
disabilities, including all facilities used for education and
instruction, including the University of California, the California
State University, and the various community college districts, that
are constructed in whole or in part by the use of state, county, or
municipal funds, or the funds of any political subdivision of the
state.
(b) When required by federal or state law, buildings, structures,
and facilities, or portions thereof, that are leased, rented,
contracted, sublet, or hired by any municipal, county, or state
division of government, or special district shall be made accessible
to, and usable by, persons with disabilities.
(c) Except as otherwise provided by law, buildings, structures,
sidewalks, curbs, and related facilities subject to the provisions of
this chapter or Part 5.5 (commencing with Section 19955) of Division
13 of the Health and Safety Code shall conform to the building
standards published in the California Building Standards Code
relating to access for persons with disabilities and the other
regulations adopted pursuant to Section 4450 that are in effect on
the date of an application for a building permit. With respect to
buildings, structures, sidewalks, curbs, and related facilities not
requiring a building permit, building standards published in the
California Building Standards Code relating to access for persons
with disabilities and other regulations adopted pursuant to Section
4450, and in effect at the time construction is commenced shall be
applicable.
(d) Until building standards are published in the California
Building Standards Code and other regulations are developed by the
State Architect and adopted by the California Building Standards
Commission pursuant to Section 4450, buildings, structures,
sidewalks, curbs, and related facilities subject to the provisions of
this chapter or Part 5.5 (commencing with Section 19955) of Division
13 of the Health and Safety Code shall meet or exceed the
requirements of Title III of Subpart D of the federal Americans with
Disabilities Act of 1990.
(e) This chapter shall apply to temporary or emergency
construction as well as permanent buildings.
(f) Administrative authorities, as designated under Section 4453,
may grant exceptions from the literal requirements of the building
standards published in the California Building Standards Code
relating to access for persons with disabilities, or the other
regulations adopted pursuant to this section, or permit the use of
other methods or materials, but only when it is clearly evident that
equivalent facilitation and protection that meets or exceeds the
requirements under federal law are thereby secured.
(g) The Department of General Services shall develop, as
appropriate, regulations to ensure that braille, tactile, or visual
signage for elevators, rooms, spaces, functions, and directional
information is installed as required by Section 4450 and shall
develop and implement an effective training program to ensure
compliance with all disability access requirements.
4452. It is the intent of the Legislature that the building
standards published in the State Building Standards Code relating to
access by the physically handicapped and the other regulations
adopted by the State Architect pursuant to Section 4450 shall be used
as minimum requirements to insure that buildings, structures and
related facilities covered by this chapter are accessible to, and
functional for, the physically handicapped to, through, and within
their doors, without loss of function, space, or facility where the
general public is concerned.
Any unauthorized deviation from such regulations or building
standards shall be rectified by full compliance within 90 days after
discovery of the deviation.
4453. The responsibility for enforcement of this chapter shall be
as follows:
(a) By the Director of the Department of General Services where
state funds are utilized for any project or where funds of counties,
municipalities, or other political subdivisions are utilized for the
construction of elementary, secondary, or community college projects.
(b) By the governing bodies thereof where funds of counties,
municipalities, or other political subdivisions are utilized except
as otherwise provided in (a) above.
4453.5. (a) In addition to any other inspection requirements
pertaining to building standards of state and school district
buildings used by the public, the construction of which are under the
jurisdiction of the Office of the State Architect in the Department
of General Services, accessibility to persons with handicaps may be
inspected pursuant to subdivision (b) in state and school district
buildings used by the public in order to determine if the building
meets minimum state standards for accessibility to handicapped
persons.
(b) Inspection and approval may be made on a voluntary basis by
one or more persons who have physical disabilities or who represent
the interests of physically disabled persons, who are familiar with
the California access laws and standards, and who have been chosen by
the Department of Rehabilitation. The Department of Rehabilitation
may assign these volunteers to inspect those state and school
district buildings used by the public specified in subdivision (a).
If the volunteer inspector finds that a building does not meet
minimum state standards for accessibility to handicapped persons, the
volunteer shall report this information to the Department of
Rehabilitation, which shall in turn report the information to the
school district if a school building is involved, to the owning
agencies if a state building is involved, and to the Office of the
State Architect. When, after receipt of this information, the Office
of the State Architect confirms that the building does not meet
minimal state standards for accessibility to handicapped persons, the
Office of the State Architect shall develop a plan to be filed with
the jurisdiction owning the building that addresses the correction of
the identified deficiencies.
(c) The provisions of this section shall only pertain to state and
school district buildings used by the public for which building
plans have been filed with the Office of the State Architect on or
after January 1, 1985.
4454. (a) Where state funds are utilized for any building or
facility subject to this chapter, or where funds of counties,
municipalities, or other political subdivisions are utilized for the
construction of elementary school, secondary school, or community
college buildings and facilities subject to this chapter, no contract
shall be awarded until the Department of General Services has issued
written approval stating that the plans and specifications comply
with the intent of this chapter.
(b) Notwithstanding subdivision (a), for all transportation
facilities, other than rail or transit stations, located within state
highway rights-of-way, the Department of Transportation is
authorized to issue the required written approval stating that the
plans and specifications comply with intent of this chapter. If the
Department of General Services, Division of the State Architect,
establishes a certified access specialist program, as described in
Section 4459.5, specific to standards governing access to
transportation facilities, the Department of Transportation shall
within 180 days of establishment of the program begin using engineers
certified through that program to verify that the Department of
Transportation's standards, guidelines, and design exceptions comply
with the intent of this chapter.
(c) In each case the application for approval shall be accompanied
by the plans and full, complete, and accurate specifications, which
shall comply in every respect with any and all requirements
prescribed by the Department of General Services.
(d) Except for facilities located within state highway
rights-of-way, other than rail or transit stations, the application
shall be accompanied by a filing fee in amounts as determined by the
Department of General Services. All fees shall be deposited into the
Access for Handicapped Account, which is hereby renamed the
Disability Access Account as of July 1, 2001, and established in the
General Fund. Notwithstanding Section 13340, the account is
continuously appropriated for expenditures for the use of the
Department of General Services, in carrying out the department's
responsibilities under this chapter.
(e) The Department of General Services shall consult with the
Department of Rehabilitation in identifying the requirements
necessary to comply with this chapter.
(f) The Department of General Services, Division of the State
Architect, shall include the cost of carrying out the
responsibilities identified in this chapter as part of the plan
review costs in determining fees.
4455. The Department of Rehabilitation shall be responsible for
educating the public and working with officials of cities, counties,
municipalities, and other political subdivisions, private architects,
designers, planners, and other interested parties in order to
encourage and help them make all buildings, facilities, and improved
areas accessible to and usable by handicapped persons for purposes of
rehabilitation, employment, business, recreation, and all other
aspects of normal living.
4455.5. All new elevators in public buildings or facilities after
the operative date of the act that amended this section during the
first year of the 1979-80 Regular Session shall have braille symbols
and marked arabic numerals corresponding to the numerals on the
elevator buttons embossed immediately to the left thereof.
All new door casings on all elevator floors after the operative
date of this section shall have the number of the floor on which the
casing is located embossed in braille symbols and marked arabic
numerals on both sides at a height of approximately 60 inches from
the floor.
4456. After the effective date of this section, any building or
facility which would have been subject to this chapter but for the
fact it was constructed prior to November 13, 1968, shall comply with
the provisions of this chapter when alterations, structural repairs
or additions are made to such building or facility. This requirement
shall only apply to the area of specific alteration, structural
repair or addition and shall not be construed to mean that the entire
structure or facility is subject to this chapter.
4457. On or after January 1, 1986, all portable buildings
purchased, leased, or constructed by a school district shall meet the
requirements of this chapter, except as provided in subdivision (f)
of Section 4451.
4458. The district attorney, the city attorney, the county counsel
if the district attorney does not bring an action, or the Attorney
General may bring an action to enjoin a violation of this chapter.
4459. (a) The State Architect shall develop amendments for building
regulations and submit them to the California Building Standards
Commission for adoption to ensure that no accessibility requirements
of the California Building Standards Code shall be enhanced or
diminished except as necessary for (1) retaining existing state
regulations that provide greater accessibility and features, or (2)
meeting federal minimum accessibility standards of the federal
Americans with Disabilities Act of 1990 as adopted by the United
States Department of Justice, the Uniform Federal Accessibility
Standards, and the federal Architectural Barriers Act.
(b) The Department of General Services shall use fees deposited in
the Disability Access Account established in Section 4454 for the
purposes identified in this chapter. The department shall include the
cost of carrying out the responsibilities identified in this chapter
as part of the plan review costs in determining fees.
(c) Notwithstanding any other provision of law, the application
and scope of accessibility regulations in the California Building
Standards Code shall not be less than the application and scope of
accessibility requirements of the federal Americans with Disabilities
Act of 1990 as adopted by the United States Department of Justice,
the Uniform Federal Accessibility Standards, and the federal
Architectural Barriers Act.
4459.5. (a) The State Architect shall establish and publicize a
program for voluntary certification by the state of any person who
meets specified criteria as a certified access specialist. No later
than January 1, 2005, the State Architect shall determine minimum
criteria a person is required to meet in order to be a certified
access specialist, which may include knowledge sufficient to review,
inspect, or advocate universal design requirements, completion of
specified training, and testing on standards governing access to
buildings for persons with disabilities.
(b) The State Architect may implement the program described in
subdivision (a) with startup funds derived, as a loan, from the
reserve of the Public School Planning, Design, and Construction
Review Revolving Fund, upon appropriation by the Legislature. That
loan shall be repaid when sufficient fees have been collected
pursuant to Section 4459.8.
4459.6. The State Architect shall appoint an ad hoc advisory
committee to assist in developing the requirements for certification
as access specialists pursuant to Section 4459.5. This committee
shall include individuals with disabilities, and a representative
from each of the following:
(a) The Governor.
(b) The Secretary of Health and Human Services.
(c) The Attorney General.
(d) Local government.
(e) Architects.
(f) Building inspectors.
(g) Business.
4459.7. (a) No later than October 31 of each year, the State
Architect shall publish and make available to the public a list of
certified access specialists who have met the requirements of Section
4459.5. This list shall include a written disclaimer of liability as
specified in subdivision (b).
(b) Notwithstanding any other provision of law, a state agency or
employee of a state agency may not be held liable for any injury or
damages resulting from any service provided by a certified access
specialist whose name appears on the list published pursuant to
subdivision (a).
(c) The State Architect may perform periodic audits of work
performed by a certified access specialist as deemed necessary to
ensure the desired standard of performance. A certified access
specialist shall provide an authorized representative of the State
Architect with complete access, at any reasonable hour of the day, to
all technical data, reports, records, photographs, design outlines
and plans, and files used in building inspection and plan review,
with the exception of proprietary and confidential information.
4459.8. (a) The certification authorized by Section 4459.5 is
effective for three years from the date of initial certification and
expires if not renewed. The State Architect, upon consideration of
any factual complaints regarding the work of a certified access
specialist or of other relevant information, may suspend
certification or deny renewal of certification.
(b) The State Architect shall require each applicant for
certification as a certified access specialist to pay fees, including
an application and course fee and an examination fee, at a level
sufficient to meet the costs of application processing, registration,
publishing a list, and other activities that are reasonably
necessary to implement and administer the certified access specialist
program. The State Architect shall require each applicant for
renewal of certification to pay a fee sufficient to cover the
reasonable costs of reassessing qualifications of renewal applicants.
(c) All fees collected pursuant to this section shall be deposited
into the Certified Access Specialist Fund, which is hereby created
in the State Treasury. Notwithstanding Section 13340, this fund is
continuously appropriated without regard to fiscal years for use by
the State Architect to implement Sections 4459.5 to 4459.8,
inclusive.
4460. (a) The Legislature finds and declares that it is essential
that detectable warning and directional surfaces comply with the
California Building Standards Code in order to ensure that those
products are adequate to meet the safety and accessibility needs of
the blind and visually impaired.
(b) All detectable warning products and directional surfaces
installed after January 1, 2001, shall be evaluated by an independent
entity, selected by the Department of General Services, Division of
the State Architect, in consultation with the Department of Housing
and Community Development when the products and surfaces may be
mandated for use in residential housing, that shall issue and
register a two-year product approval, renewable upon reevaluation at
two-year intervals thereafter. The approval shall include
conformation with architectural standards published in the California
Building Standards Code as well as durability criteria appropriate
for the type of installation, established by the Department of
General Services, Division of the State Architect, in consultation
with the Department of Housing and Community Development when the
products and surfaces may be mandated for use in residential housing.
The codes developed by the Department of General Services pursuant
to this section shall ensure that shape, color fastness,
confirmation, sound-on-cane acoustic quality, resilience, and
attachment will not degrade significantly for at least five years.
The Department of General Services, Division of the State Architect,
shall impose fees to recover administrative and code development
costs, as necessary, to develop standards and administer the
registration and approval program. The fees shall be paid by
manufacturers of detectable warning products and directional
surfaces. All fees shall be deposited in the Access for Handicap
Account created pursuant to Section 4454 and may be expended for
costs incurred by the Department of General Services, Division of the
State Architect, in performance of the requirements of this section.
As used in this section, "significant degradation" means that the
product maintains at least 90 percent of its approved design
characteristics. The Department of General Services may provide
exceptions to this section for justifiable cause pursuant to Section
4451.
(c) The independent entity selected by the Department of General
Services, Division of the State Architect, shall be recognized as
having appropriate expertise in determining whether products governed
by this section comply with the California Building Standards Code.
4461. If a violation of Section 4450, 4450.5, 4451, 4452, 4453.5,
4454, 4455, 4455.5, 4456, 4457, 4459, or 4460 is alleged or the
application or construction of any of these sections is in issue in
any proceeding in the Supreme Court of California, a state court of
appeal, or the appellate division of a superior court, each party
shall serve a copy of the party's brief or petition and brief, on the
State Solicitor General at the Office of the Attorney General. No
brief may be accepted for filing unless the proof of service shows
service on the State Solicitor General. Any party failing to comply
with this requirement shall be given a reasonable opportunity to cure
the failure before the court imposes any sanction and, in that
instance, the court shall allow the Attorney General reasonable
additional time to file a brief in the matter.
4450. (a) It is the purpose of this chapter to ensure that all
buildings, structures, sidewalks, curbs, and related facilities,
constructed in this state by the use of state, county, or municipal
funds, or the funds of any political subdivision of the state shall
be accessible to and usable by persons with disabilities.
(b) The State Architect shall develop and submit proposed building
standards to the California Building Standards Commission for
approval and adoption pursuant to Chapter 4 (commencing with Section
18935) of Part 2.5 of Division 13 of the Health and Safety Code and
shall develop other regulations for making buildings, structures,
sidewalks, curbs, and related facilities accessible to and usable by
persons with disabilities. The regulations and building standards
relating to access for persons with disabilities shall be consistent
with the standards for buildings and structures that are contained in
pertinent provisions of the latest edition of the selected model
code, as adopted by the California Building Standards Commission, and
these regulations and building standards shall contain additional
requirements relating to buildings, structures, sidewalks, curbs, and
other related facilities the State Architect determines are
necessary to assure access and usability for persons with
disabilities. In developing and revising these additional
requirements, the State Architect shall consult with the Department
of Rehabilitation, the League of California Cities, the California
State Association of Counties, and at least one private organization
representing and comprised of persons with disabilities.
(c) In no case shall the State Architect's regulations and
building standards prescribe a lesser standard of accessibility or
usability than provided by the Accessibility Guidelines prepared by
the federal Access Board as adopted by the United States Department
of Justice to implement the Americans with Disabilities Act of 1990
(Public Law 101-336).
(d) On or before December 31, 2010, the Division of the State
Architect shall prepare and submit to the United States Department of
Justice for certification proposed amendments to Part 2 of Title 24
of the California Code of Regulations that would ensure California's
building standards for disability access in commercial occupancies
are consistent with the federal regulations cited in subdivision (c).
4450.5. The State Architect's regulations adopted pursuant to
Section 4450 shall require that all parking spaces reserved for the
handicapped be identified as prescribed by Sections 22511.7 and
22511.8 of the Vehicle Code.
4451. (a) Except as otherwise provided in this section, this
chapter shall be limited in its application to all buildings and
facilities stated in Section 4450 intended for use by the public,
with any reasonable availability to, or usage by, persons with
disabilities, including all facilities used for education and
instruction, including the University of California, the California
State University, and the various community college districts, that
are constructed in whole or in part by the use of state, county, or
municipal funds, or the funds of any political subdivision of the
state.
(b) When required by federal or state law, buildings, structures,
and facilities, or portions thereof, that are leased, rented,
contracted, sublet, or hired by any municipal, county, or state
division of government, or special district shall be made accessible
to, and usable by, persons with disabilities.
(c) Except as otherwise provided by law, buildings, structures,
sidewalks, curbs, and related facilities subject to the provisions of
this chapter or Part 5.5 (commencing with Section 19955) of Division
13 of the Health and Safety Code shall conform to the building
standards published in the California Building Standards Code
relating to access for persons with disabilities and the other
regulations adopted pursuant to Section 4450 that are in effect on
the date of an application for a building permit. With respect to
buildings, structures, sidewalks, curbs, and related facilities not
requiring a building permit, building standards published in the
California Building Standards Code relating to access for persons
with disabilities and other regulations adopted pursuant to Section
4450, and in effect at the time construction is commenced shall be
applicable.
(d) Until building standards are published in the California
Building Standards Code and other regulations are developed by the
State Architect and adopted by the California Building Standards
Commission pursuant to Section 4450, buildings, structures,
sidewalks, curbs, and related facilities subject to the provisions of
this chapter or Part 5.5 (commencing with Section 19955) of Division
13 of the Health and Safety Code shall meet or exceed the
requirements of Title III of Subpart D of the federal Americans with
Disabilities Act of 1990.
(e) This chapter shall apply to temporary or emergency
construction as well as permanent buildings.
(f) Administrative authorities, as designated under Section 4453,
may grant exceptions from the literal requirements of the building
standards published in the California Building Standards Code
relating to access for persons with disabilities, or the other
regulations adopted pursuant to this section, or permit the use of
other methods or materials, but only when it is clearly evident that
equivalent facilitation and protection that meets or exceeds the
requirements under federal law are thereby secured.
(g) The Department of General Services shall develop, as
appropriate, regulations to ensure that braille, tactile, or visual
signage for elevators, rooms, spaces, functions, and directional
information is installed as required by Section 4450 and shall
develop and implement an effective training program to ensure
compliance with all disability access requirements.
4452. It is the intent of the Legislature that the building
standards published in the State Building Standards Code relating to
access by the physically handicapped and the other regulations
adopted by the State Architect pursuant to Section 4450 shall be used
as minimum requirements to insure that buildings, structures and
related facilities covered by this chapter are accessible to, and
functional for, the physically handicapped to, through, and within
their doors, without loss of function, space, or facility where the
general public is concerned.
Any unauthorized deviation from such regulations or building
standards shall be rectified by full compliance within 90 days after
discovery of the deviation.
4453. The responsibility for enforcement of this chapter shall be
as follows:
(a) By the Director of the Department of General Services where
state funds are utilized for any project or where funds of counties,
municipalities, or other political subdivisions are utilized for the
construction of elementary, secondary, or community college projects.
(b) By the governing bodies thereof where funds of counties,
municipalities, or other political subdivisions are utilized except
as otherwise provided in (a) above.
4453.5. (a) In addition to any other inspection requirements
pertaining to building standards of state and school district
buildings used by the public, the construction of which are under the
jurisdiction of the Office of the State Architect in the Department
of General Services, accessibility to persons with handicaps may be
inspected pursuant to subdivision (b) in state and school district
buildings used by the public in order to determine if the building
meets minimum state standards for accessibility to handicapped
persons.
(b) Inspection and approval may be made on a voluntary basis by
one or more persons who have physical disabilities or who represent
the interests of physically disabled persons, who are familiar with
the California access laws and standards, and who have been chosen by
the Department of Rehabilitation. The Department of Rehabilitation
may assign these volunteers to inspect those state and school
district buildings used by the public specified in subdivision (a).
If the volunteer inspector finds that a building does not meet
minimum state standards for accessibility to handicapped persons, the
volunteer shall report this information to the Department of
Rehabilitation, which shall in turn report the information to the
school district if a school building is involved, to the owning
agencies if a state building is involved, and to the Office of the
State Architect. When, after receipt of this information, the Office
of the State Architect confirms that the building does not meet
minimal state standards for accessibility to handicapped persons, the
Office of the State Architect shall develop a plan to be filed with
the jurisdiction owning the building that addresses the correction of
the identified deficiencies.
(c) The provisions of this section shall only pertain to state and
school district buildings used by the public for which building
plans have been filed with the Office of the State Architect on or
after January 1, 1985.
4454. (a) Where state funds are utilized for any building or
facility subject to this chapter, or where funds of counties,
municipalities, or other political subdivisions are utilized for the
construction of elementary school, secondary school, or community
college buildings and facilities subject to this chapter, no contract
shall be awarded until the Department of General Services has issued
written approval stating that the plans and specifications comply
with the intent of this chapter.
(b) Notwithstanding subdivision (a), for all transportation
facilities, other than rail or transit stations, located within state
highway rights-of-way, the Department of Transportation is
authorized to issue the required written approval stating that the
plans and specifications comply with intent of this chapter. If the
Department of General Services, Division of the State Architect,
establishes a certified access specialist program, as described in
Section 4459.5, specific to standards governing access to
transportation facilities, the Department of Transportation shall
within 180 days of establishment of the program begin using engineers
certified through that program to verify that the Department of
Transportation's standards, guidelines, and design exceptions comply
with the intent of this chapter.
(c) In each case the application for approval shall be accompanied
by the plans and full, complete, and accurate specifications, which
shall comply in every respect with any and all requirements
prescribed by the Department of General Services.
(d) Except for facilities located within state highway
rights-of-way, other than rail or transit stations, the application
shall be accompanied by a filing fee in amounts as determined by the
Department of General Services. All fees shall be deposited into the
Access for Handicapped Account, which is hereby renamed the
Disability Access Account as of July 1, 2001, and established in the
General Fund. Notwithstanding Section 13340, the account is
continuously appropriated for expenditures for the use of the
Department of General Services, in carrying out the department's
responsibilities under this chapter.
(e) The Department of General Services shall consult with the
Department of Rehabilitation in identifying the requirements
necessary to comply with this chapter.
(f) The Department of General Services, Division of the State
Architect, shall include the cost of carrying out the
responsibilities identified in this chapter as part of the plan
review costs in determining fees.
4455. The Department of Rehabilitation shall be responsible for
educating the public and working with officials of cities, counties,
municipalities, and other political subdivisions, private architects,
designers, planners, and other interested parties in order to
encourage and help them make all buildings, facilities, and improved
areas accessible to and usable by handicapped persons for purposes of
rehabilitation, employment, business, recreation, and all other
aspects of normal living.
4455.5. All new elevators in public buildings or facilities after
the operative date of the act that amended this section during the
first year of the 1979-80 Regular Session shall have braille symbols
and marked arabic numerals corresponding to the numerals on the
elevator buttons embossed immediately to the left thereof.
All new door casings on all elevator floors after the operative
date of this section shall have the number of the floor on which the
casing is located embossed in braille symbols and marked arabic
numerals on both sides at a height of approximately 60 inches from
the floor.
4456. After the effective date of this section, any building or
facility which would have been subject to this chapter but for the
fact it was constructed prior to November 13, 1968, shall comply with
the provisions of this chapter when alterations, structural repairs
or additions are made to such building or facility. This requirement
shall only apply to the area of specific alteration, structural
repair or addition and shall not be construed to mean that the entire
structure or facility is subject to this chapter.
4457. On or after January 1, 1986, all portable buildings
purchased, leased, or constructed by a school district shall meet the
requirements of this chapter, except as provided in subdivision (f)
of Section 4451.
4458. The district attorney, the city attorney, the county counsel
if the district attorney does not bring an action, or the Attorney
General may bring an action to enjoin a violation of this chapter.
4459. (a) The State Architect shall develop amendments for building
regulations and submit them to the California Building Standards
Commission for adoption to ensure that no accessibility requirements
of the California Building Standards Code shall be enhanced or
diminished except as necessary for (1) retaining existing state
regulations that provide greater accessibility and features, or (2)
meeting federal minimum accessibility standards of the federal
Americans with Disabilities Act of 1990 as adopted by the United
States Department of Justice, the Uniform Federal Accessibility
Standards, and the federal Architectural Barriers Act.
(b) The Department of General Services shall use fees deposited in
the Disability Access Account established in Section 4454 for the
purposes identified in this chapter. The department shall include the
cost of carrying out the responsibilities identified in this chapter
as part of the plan review costs in determining fees.
(c) Notwithstanding any other provision of law, the application
and scope of accessibility regulations in the California Building
Standards Code shall not be less than the application and scope of
accessibility requirements of the federal Americans with Disabilities
Act of 1990 as adopted by the United States Department of Justice,
the Uniform Federal Accessibility Standards, and the federal
Architectural Barriers Act.
4459.5. (a) The State Architect shall establish and publicize a
program for voluntary certification by the state of any person who
meets specified criteria as a certified access specialist. No later
than January 1, 2005, the State Architect shall determine minimum
criteria a person is required to meet in order to be a certified
access specialist, which may include knowledge sufficient to review,
inspect, or advocate universal design requirements, completion of
specified training, and testing on standards governing access to
buildings for persons with disabilities.
(b) The State Architect may implement the program described in
subdivision (a) with startup funds derived, as a loan, from the
reserve of the Public School Planning, Design, and Construction
Review Revolving Fund, upon appropriation by the Legislature. That
loan shall be repaid when sufficient fees have been collected
pursuant to Section 4459.8.
4459.6. The State Architect shall appoint an ad hoc advisory
committee to assist in developing the requirements for certification
as access specialists pursuant to Section 4459.5. This committee
shall include individuals with disabilities, and a representative
from each of the following:
(a) The Governor.
(b) The Secretary of Health and Human Services.
(c) The Attorney General.
(d) Local government.
(e) Architects.
(f) Building inspectors.
(g) Business.
4459.7. (a) No later than October 31 of each year, the State
Architect shall publish and make available to the public a list of
certified access specialists who have met the requirements of Section
4459.5. This list shall include a written disclaimer of liability as
specified in subdivision (b).
(b) Notwithstanding any other provision of law, a state agency or
employee of a state agency may not be held liable for any injury or
damages resulting from any service provided by a certified access
specialist whose name appears on the list published pursuant to
subdivision (a).
(c) The State Architect may perform periodic audits of work
performed by a certified access specialist as deemed necessary to
ensure the desired standard of performance. A certified access
specialist shall provide an authorized representative of the State
Architect with complete access, at any reasonable hour of the day, to
all technical data, reports, records, photographs, design outlines
and plans, and files used in building inspection and plan review,
with the exception of proprietary and confidential information.
4459.8. (a) The certification authorized by Section 4459.5 is
effective for three years from the date of initial certification and
expires if not renewed. The State Architect, upon consideration of
any factual complaints regarding the work of a certified access
specialist or of other relevant information, may suspend
certification or deny renewal of certification.
(b) The State Architect shall require each applicant for
certification as a certified access specialist to pay fees, including
an application and course fee and an examination fee, at a level
sufficient to meet the costs of application processing, registration,
publishing a list, and other activities that are reasonably
necessary to implement and administer the certified access specialist
program. The State Architect shall require each applicant for
renewal of certification to pay a fee sufficient to cover the
reasonable costs of reassessing qualifications of renewal applicants.
(c) All fees collected pursuant to this section shall be deposited
into the Certified Access Specialist Fund, which is hereby created
in the State Treasury. Notwithstanding Section 13340, this fund is
continuously appropriated without regard to fiscal years for use by
the State Architect to implement Sections 4459.5 to 4459.8,
inclusive.
4460. (a) The Legislature finds and declares that it is essential
that detectable warning and directional surfaces comply with the
California Building Standards Code in order to ensure that those
products are adequate to meet the safety and accessibility needs of
the blind and visually impaired.
(b) All detectable warning products and directional surfaces
installed after January 1, 2001, shall be evaluated by an independent
entity, selected by the Department of General Services, Division of
the State Architect, in consultation with the Department of Housing
and Community Development when the products and surfaces may be
mandated for use in residential housing, that shall issue and
register a two-year product approval, renewable upon reevaluation at
two-year intervals thereafter. The approval shall include
conformation with architectural standards published in the California
Building Standards Code as well as durability criteria appropriate
for the type of installation, established by the Department of
General Services, Division of the State Architect, in consultation
with the Department of Housing and Community Development when the
products and surfaces may be mandated for use in residential housing.
The codes developed by the Department of General Services pursuant
to this section shall ensure that shape, color fastness,
confirmation, sound-on-cane acoustic quality, resilience, and
attachment will not degrade significantly for at least five years.
The Department of General Services, Division of the State Architect,
shall impose fees to recover administrative and code development
costs, as necessary, to develop standards and administer the
registration and approval program. The fees shall be paid by
manufacturers of detectable warning products and directional
surfaces. All fees shall be deposited in the Access for Handicap
Account created pursuant to Section 4454 and may be expended for
costs incurred by the Department of General Services, Division of the
State Architect, in performance of the requirements of this section.
As used in this section, "significant degradation" means that the
product maintains at least 90 percent of its approved design
characteristics. The Department of General Services may provide
exceptions to this section for justifiable cause pursuant to Section
4451.
(c) The independent entity selected by the Department of General
Services, Division of the State Architect, shall be recognized as
having appropriate expertise in determining whether products governed
by this section comply with the California Building Standards Code.
4461. If a violation of Section 4450, 4450.5, 4451, 4452, 4453.5,
4454, 4455, 4455.5, 4456, 4457, 4459, or 4460 is alleged or the
application or construction of any of these sections is in issue in
any proceeding in the Supreme Court of California, a state court of
appeal, or the appellate division of a superior court, each party
shall serve a copy of the party's brief or petition and brief, on the
State Solicitor General at the Office of the Attorney General. No
brief may be accepted for filing unless the proof of service shows
service on the State Solicitor General. Any party failing to comply
with this requirement shall be given a reasonable opportunity to cure
the failure before the court imposes any sanction and, in that
instance, the court shall allow the Attorney General reasonable
additional time to file a brief in the matter.
4450. (a) It is the purpose of this chapter to ensure that all
buildings, structures, sidewalks, curbs, and related facilities,
constructed in this state by the use of state, county, or municipal
funds, or the funds of any political subdivision of the state shall
be accessible to and usable by persons with disabilities.
(b) The State Architect shall develop and submit proposed building
standards to the California Building Standards Commission for
approval and adoption pursuant to Chapter 4 (commencing with Section
18935) of Part 2.5 of Division 13 of the Health and Safety Code and
shall develop other regulations for making buildings, structures,
sidewalks, curbs, and related facilities accessible to and usable by
persons with disabilities. The regulations and building standards
relating to access for persons with disabilities shall be consistent
with the standards for buildings and structures that are contained in
pertinent provisions of the latest edition of the selected model
code, as adopted by the California Building Standards Commission, and
these regulations and building standards shall contain additional
requirements relating to buildings, structures, sidewalks, curbs, and
other related facilities the State Architect determines are
necessary to assure access and usability for persons with
disabilities. In developing and revising these additional
requirements, the State Architect shall consult with the Department
of Rehabilitation, the League of California Cities, the California
State Association of Counties, and at least one private organization
representing and comprised of persons with disabilities.
(c) In no case shall the State Architect's regulations and
building standards prescribe a lesser standard of accessibility or
usability than provided by the Accessibility Guidelines prepared by
the federal Access Board as adopted by the United States Department
of Justice to implement the Americans with Disabilities Act of 1990
(Public Law 101-336).
(d) On or before December 31, 2010, the Division of the State
Architect shall prepare and submit to the United States Department of
Justice for certification proposed amendments to Part 2 of Title 24
of the California Code of Regulations that would ensure California's
building standards for disability access in commercial occupancies
are consistent with the federal regulations cited in subdivision (c).
4450.5. The State Architect's regulations adopted pursuant to
Section 4450 shall require that all parking spaces reserved for the
handicapped be identified as prescribed by Sections 22511.7 and
22511.8 of the Vehicle Code.
4451. (a) Except as otherwise provided in this section, this
chapter shall be limited in its application to all buildings and
facilities stated in Section 4450 intended for use by the public,
with any reasonable availability to, or usage by, persons with
disabilities, including all facilities used for education and
instruction, including the University of California, the California
State University, and the various community college districts, that
are constructed in whole or in part by the use of state, county, or
municipal funds, or the funds of any political subdivision of the
state.
(b) When required by federal or state law, buildings, structures,
and facilities, or portions thereof, that are leased, rented,
contracted, sublet, or hired by any municipal, county, or state
division of government, or special district shall be made accessible
to, and usable by, persons with disabilities.
(c) Except as otherwise provided by law, buildings, structures,
sidewalks, curbs, and related facilities subject to the provisions of
this chapter or Part 5.5 (commencing with Section 19955) of Division
13 of the Health and Safety Code shall conform to the building
standards published in the California Building Standards Code
relating to access for persons with disabilities and the other
regulations adopted pursuant to Section 4450 that are in effect on
the date of an application for a building permit. With respect to
buildings, structures, sidewalks, curbs, and related facilities not
requiring a building permit, building standards published in the
California Building Standards Code relating to access for persons
with disabilities and other regulations adopted pursuant to Section
4450, and in effect at the time construction is commenced shall be
applicable.
(d) Until building standards are published in the California
Building Standards Code and other regulations are developed by the
State Architect and adopted by the California Building Standards
Commission pursuant to Section 4450, buildings, structures,
sidewalks, curbs, and related facilities subject to the provisions of
this chapter or Part 5.5 (commencing with Section 19955) of Division
13 of the Health and Safety Code shall meet or exceed the
requirements of Title III of Subpart D of the federal Americans with
Disabilities Act of 1990.
(e) This chapter shall apply to temporary or emergency
construction as well as permanent buildings.
(f) Administrative authorities, as designated under Section 4453,
may grant exceptions from the literal requirements of the building
standards published in the California Building Standards Code
relating to access for persons with disabilities, or the other
regulations adopted pursuant to this section, or permit the use of
other methods or materials, but only when it is clearly evident that
equivalent facilitation and protection that meets or exceeds the
requirements under federal law are thereby secured.
(g) The Department of General Services shall develop, as
appropriate, regulations to ensure that braille, tactile, or visual
signage for elevators, rooms, spaces, functions, and directional
information is installed as required by Section 4450 and shall
develop and implement an effective training program to ensure
compliance with all disability access requirements.
4452. It is the intent of the Legislature that the building
standards published in the State Building Standards Code relating to
access by the physically handicapped and the other regulations
adopted by the State Architect pursuant to Section 4450 shall be used
as minimum requirements to insure that buildings, structures and
related facilities covered by this chapter are accessible to, and
functional for, the physically handicapped to, through, and within
their doors, without loss of function, space, or facility where the
general public is concerned.
Any unauthorized deviation from such regulations or building
standards shall be rectified by full compliance within 90 days after
discovery of the deviation.
4453. The responsibility for enforcement of this chapter shall be
as follows:
(a) By the Director of the Department of General Services where
state funds are utilized for any project or where funds of counties,
municipalities, or other political subdivisions are utilized for the
construction of elementary, secondary, or community college projects.
(b) By the governing bodies thereof where funds of counties,
municipalities, or other political subdivisions are utilized except
as otherwise provided in (a) above.
4453.5. (a) In addition to any other inspection requirements
pertaining to building standards of state and school district
buildings used by the public, the construction of which are under the
jurisdiction of the Office of the State Architect in the Department
of General Services, accessibility to persons with handicaps may be
inspected pursuant to subdivision (b) in state and school district
buildings used by the public in order to determine if the building
meets minimum state standards for accessibility to handicapped
persons.
(b) Inspection and approval may be made on a voluntary basis by
one or more persons who have physical disabilities or who represent
the interests of physically disabled persons, who are familiar with
the California access laws and standards, and who have been chosen by
the Department of Rehabilitation. The Department of Rehabilitation
may assign these volunteers to inspect those state and school
district buildings used by the public specified in subdivision (a).
If the volunteer inspector finds that a building does not meet
minimum state standards for accessibility to handicapped persons, the
volunteer shall report this information to the Department of
Rehabilitation, which shall in turn report the information to the
school district if a school building is involved, to the owning
agencies if a state building is involved, and to the Office of the
State Architect. When, after receipt of this information, the Office
of the State Architect confirms that the building does not meet
minimal state standards for accessibility to handicapped persons, the
Office of the State Architect shall develop a plan to be filed with
the jurisdiction owning the building that addresses the correction of
the identified deficiencies.
(c) The provisions of this section shall only pertain to state and
school district buildings used by the public for which building
plans have been filed with the Office of the State Architect on or
after January 1, 1985.
4454. (a) Where state funds are utilized for any building or
facility subject to this chapter, or where funds of counties,
municipalities, or other political subdivisions are utilized for the
construction of elementary school, secondary school, or community
college buildings and facilities subject to this chapter, no contract
shall be awarded until the Department of General Services has issued
written approval stating that the plans and specifications comply
with the intent of this chapter.
(b) Notwithstanding subdivision (a), for all transportation
facilities, other than rail or transit stations, located within state
highway rights-of-way, the Department of Transportation is
authorized to issue the required written approval stating that the
plans and specifications comply with intent of this chapter. If the
Department of General Services, Division of the State Architect,
establishes a certified access specialist program, as described in
Section 4459.5, specific to standards governing access to
transportation facilities, the Department of Transportation shall
within 180 days of establishment of the program begin using engineers
certified through that program to verify that the Department of
Transportation's standards, guidelines, and design exceptions comply
with the intent of this chapter.
(c) In each case the application for approval shall be accompanied
by the plans and full, complete, and accurate specifications, which
shall comply in every respect with any and all requirements
prescribed by the Department of General Services.
(d) Except for facilities located within state highway
rights-of-way, other than rail or transit stations, the application
shall be accompanied by a filing fee in amounts as determined by the
Department of General Services. All fees shall be deposited into the
Access for Handicapped Account, which is hereby renamed the
Disability Access Account as of July 1, 2001, and established in the
General Fund. Notwithstanding Section 13340, the account is
continuously appropriated for expenditures for the use of the
Department of General Services, in carrying out the department's
responsibilities under this chapter.
(e) The Department of General Services shall consult with the
Department of Rehabilitation in identifying the requirements
necessary to comply with this chapter.
(f) The Department of General Services, Division of the State
Architect, shall include the cost of carrying out the
responsibilities identified in this chapter as part of the plan
review costs in determining fees.
4455. The Department of Rehabilitation shall be responsible for
educating the public and working with officials of cities, counties,
municipalities, and other political subdivisions, private architects,
designers, planners, and other interested parties in order to
encourage and help them make all buildings, facilities, and improved
areas accessible to and usable by handicapped persons for purposes of
rehabilitation, employment, business, recreation, and all other
aspects of normal living.
4455.5. All new elevators in public buildings or facilities after
the operative date of the act that amended this section during the
first year of the 1979-80 Regular Session shall have braille symbols
and marked arabic numerals corresponding to the numerals on the
elevator buttons embossed immediately to the left thereof.
All new door casings on all elevator floors after the operative
date of this section shall have the number of the floor on which the
casing is located embossed in braille symbols and marked arabic
numerals on both sides at a height of approximately 60 inches from
the floor.
4456. After the effective date of this section, any building or
facility which would have been subject to this chapter but for the
fact it was constructed prior to November 13, 1968, shall comply with
the provisions of this chapter when alterations, structural repairs
or additions are made to such building or facility. This requirement
shall only apply to the area of specific alteration, structural
repair or addition and shall not be construed to mean that the entire
structure or facility is subject to this chapter.
4457. On or after January 1, 1986, all portable buildings
purchased, leased, or constructed by a school district shall meet the
requirements of this chapter, except as provided in subdivision (f)
of Section 4451.
4458. The district attorney, the city attorney, the county counsel
if the district attorney does not bring an action, or the Attorney
General may bring an action to enjoin a violation of this chapter.
4459. (a) The State Architect shall develop amendments for building
regulations and submit them to the California Building Standards
Commission for adoption to ensure that no accessibility requirements
of the California Building Standards Code shall be enhanced or
diminished except as necessary for (1) retaining existing state
regulations that provide greater accessibility and features, or (2)
meeting federal minimum accessibility standards of the federal
Americans with Disabilities Act of 1990 as adopted by the United
States Department of Justice, the Uniform Federal Accessibility
Standards, and the federal Architectural Barriers Act.
(b) The Department of General Services shall use fees deposited in
the Disability Access Account established in Section 4454 for the
purposes identified in this chapter. The department shall include the
cost of carrying out the responsibilities identified in this chapter
as part of the plan review costs in determining fees.
(c) Notwithstanding any other provision of law, the application
and scope of accessibility regulations in the California Building
Standards Code shall not be less than the application and scope of
accessibility requirements of the federal Americans with Disabilities
Act of 1990 as adopted by the United States Department of Justice,
the Uniform Federal Accessibility Standards, and the federal
Architectural Barriers Act.
4459.5. (a) The State Architect shall establish and publicize a
program for voluntary certification by the state of any person who
meets specified criteria as a certified access specialist. No later
than January 1, 2005, the State Architect shall determine minimum
criteria a person is required to meet in order to be a certified
access specialist, which may include knowledge sufficient to review,
inspect, or advocate universal design requirements, completion of
specified training, and testing on standards governing access to
buildings for persons with disabilities.
(b) The State Architect may implement the program described in
subdivision (a) with startup funds derived, as a loan, from the
reserve of the Public School Planning, Design, and Construction
Review Revolving Fund, upon appropriation by the Legislature. That
loan shall be repaid when sufficient fees have been collected
pursuant to Section 4459.8.
4459.6. The State Architect shall appoint an ad hoc advisory
committee to assist in developing the requirements for certification
as access specialists pursuant to Section 4459.5. This committee
shall include individuals with disabilities, and a representative
from each of the following:
(a) The Governor.
(b) The Secretary of Health and Human Services.
(c) The Attorney General.
(d) Local government.
(e) Architects.
(f) Building inspectors.
(g) Business.
4459.7. (a) No later than October 31 of each year, the State
Architect shall publish and make available to the public a list of
certified access specialists who have met the requirements of Section
4459.5. This list shall include a written disclaimer of liability as
specified in subdivision (b).
(b) Notwithstanding any other provision of law, a state agency or
employee of a state agency may not be held liable for any injury or
damages resulting from any service provided by a certified access
specialist whose name appears on the list published pursuant to
subdivision (a).
(c) The State Architect may perform periodic audits of work
performed by a certified access specialist as deemed necessary to
ensure the desired standard of performance. A certified access
specialist shall provide an authorized representative of the State
Architect with complete access, at any reasonable hour of the day, to
all technical data, reports, records, photographs, design outlines
and plans, and files used in building inspection and plan review,
with the exception of proprietary and confidential information.
4459.8. (a) The certification authorized by Section 4459.5 is
effective for three years from the date of initial certification and
expires if not renewed. The State Architect, upon consideration of
any factual complaints regarding the work of a certified access
specialist or of other relevant information, may suspend
certification or deny renewal of certification.
(b) The State Architect shall require each applicant for
certification as a certified access specialist to pay fees, including
an application and course fee and an examination fee, at a level
sufficient to meet the costs of application processing, registration,
publishing a list, and other activities that are reasonably
necessary to implement and administer the certified access specialist
program. The State Architect shall require each applicant for
renewal of certification to pay a fee sufficient to cover the
reasonable costs of reassessing qualifications of renewal applicants.
(c) All fees collected pursuant to this section shall be deposited
into the Certified Access Specialist Fund, which is hereby created
in the State Treasury. Notwithstanding Section 13340, this fund is
continuously appropriated without regard to fiscal years for use by
the State Architect to implement Sections 4459.5 to 4459.8,
inclusive.
4460. (a) The Legislature finds and declares that it is essential
that detectable warning and directional surfaces comply with the
California Building Standards Code in order to ensure that those
products are adequate to meet the safety and accessibility needs of
the blind and visually impaired.
(b) All detectable warning products and directional surfaces
installed after January 1, 2001, shall be evaluated by an independent
entity, selected by the Department of General Services, Division of
the State Architect, in consultation with the Department of Housing
and Community Development when the products and surfaces may be
mandated for use in residential housing, that shall issue and
register a two-year product approval, renewable upon reevaluation at
two-year intervals thereafter. The approval shall include
conformation with architectural standards published in the California
Building Standards Code as well as durability criteria appropriate
for the type of installation, established by the Department of
General Services, Division of the State Architect, in consultation
with the Department of Housing and Community Development when the
products and surfaces may be mandated for use in residential housing.
The codes developed by the Department of General Services pursuant
to this section shall ensure that shape, color fastness,
confirmation, sound-on-cane acoustic quality, resilience, and
attachment will not degrade significantly for at least five years.
The Department of General Services, Division of the State Architect,
shall impose fees to recover administrative and code development
costs, as necessary, to develop standards and administer the
registration and approval program. The fees shall be paid by
manufacturers of detectable warning products and directional
surfaces. All fees shall be deposited in the Access for Handicap
Account created pursuant to Section 4454 and may be expended for
costs incurred by the Department of General Services, Division of the
State Architect, in performance of the requirements of this section.
As used in this section, "significant degradation" means that the
product maintains at least 90 percent of its approved design
characteristics. The Department of General Services may provide
exceptions to this section for justifiable cause pursuant to Section
4451.
(c) The independent entity selected by the Department of General
Services, Division of the State Architect, shall be recognized as
having appropriate expertise in determining whether products governed
by this section comply with the California Building Standards Code.
4461. If a violation of Section 4450, 4450.5, 4451, 4452, 4453.5,
4454, 4455, 4455.5, 4456, 4457, 4459, or 4460 is alleged or the
application or construction of any of these sections is in issue in
any proceeding in the Supreme Court of California, a state court of
appeal, or the appellate division of a superior court, each party
shall serve a copy of the party's brief or petition and brief, on the
State Solicitor General at the Office of the Attorney General. No
brief may be accepted for filing unless the proof of service shows
service on the State Solicitor General. Any party failing to comply
with this requirement shall be given a reasonable opportunity to cure
the failure before the court imposes any sanction and, in that
instance, the court shall allow the Attorney General reasonable
additional time to file a brief in the matter.
