ADMINISTRATION
California Building Code

101.1 Title: For the State of California, these regulations shall be known as the California Building Code. The provisions contained in the California Building Code of the (compiled) California Building Standards Code as defined in Section 18910, Health and Safety Code, may be cited as such and are referred to hereafter as these regulations or these building standards or this code. 101.2 Purpose: [For DSA/AC] 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.

[For HCD 1 & HCD 2 & HCD 1/AC] 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.
101.3.1 Scope: The provisions of the model codes which are adopted by these regulations are applicable to all occupancy groups and uses regulated by this code. The amendments to the model codes are applicable only to those occupancies or uses which the state agency adopting the amendments is authorized to regulate as listed in Section 101.17.

NOTE:It is not the intent of this section that every existing occupancy within the scope of the state fire marshals jurisdiction mandatorily conform or be made to conform to the new construction requirements relative to fire, panic and explosion safety. Reasonable judgment must be exercised by the enforcing agency in the application of these building standards to existing occupancies.

[For DSA/AC] EXCEPTION: Outdoor environments and uses shall be classified according to accessibility uses described in Chapters 11A, 11B and 11C, and life safety concerns.

101.17.11 Division of State Architect, Access Compliance, DSA-AC:

1. Application. Publicly funded buildings, structures, side- walks, curbs and related facilities shall be accessible to and usable by persons with disabilities as follows:

NOTE: See Government Code commencing with Section 4450.
1.1 All buildings, structures, sidewalks, curbs and related facilities constructed in the state by the use of state, county or municipal funds, or the funds of any political
subdivision of the state.

1.2 All buildings, structures and facilities that are leased, rented, contracted, sublet or hired by any municipal county, or state division of government, or by a special district.

1.3 All publicly funded buildings used for congregate residences or for one- or two-family dwelling unit purposes shall conform to the provisions applicable to living accommodations.

1.4 All existing publicly funded buildings and facilities when alterations, structural repairs or additions are made to such buildings or facilities. For detailed requirements on existing buildings, see Chapter 11B, Division IV.

1.5 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 Government Code Section 4450, and in effect at the time construction is commenced, shall be applicable.

2. Application. All privately funded public accommodations, as defined, and commercial facilities, as defined, shall be accessible to persons with physical disabilities as follows:

NOTE: See Health and Safety Code commencing with Section 19952.
EXCEPTION: Certain types of privately funded multistory buildings do not require installation of an elevator to provide access above and below the first floor. See Chapter 11B.

NOTE: Exceptions for multistoried buildings formerly located in this section have been moved to Chapter 11B.

2.1 Any building, structure, facility, complex, or improved area, or portions thereof, which are used by the general public.

2.2 Any sanitary facilities which are made available for the public, clients or employees in such accommodations or facilities.

2.3 Any curb or sidewalk intended for public use that is constructed in this state with private funds.

2.4 All existing privately funded public accommodations when alterations, structural repairs or additions are made to such public accommodations as set forth under Chapter 11B.

3. Application. Public Housing and Private Housing Available for Public Use.

NOTE: See Government Code Sections 4450 and 12955.1 (d).

4. Enforcing Agency.

4.1 The director 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.

4.2 The governing bodies where funds of counties, municipalities or other political subdivisions are utilized except as otherwise provided above.

4.3 The building department of every city, county, or city and county within the territorial area of its city, county, or city and county, where private funds are utilized.

Building department. means the department, bureau or officer charged with the enforcement of laws or ordinances regulating the erection or construction, or both the erection and construction, of buildings.

5. Special Conditions for Persons with Disabilities Requiring Appeals Action Ratification. Whenever reference is made in these regulations to this section, the findings and determinations required to be rendered by the local enforcing agency shall be subject to ratification through an appeals process.

6. Authority Cited. Government Code Section 4450.

7. Reference .Government Code Sections 4450 through 4460, 12955.1(d) and Health and Safety Code Sections 18949.1, 19952 through 19959.

101.17.9.1 Department of Housing & Community Development, HCD-1:

Application .Multifamily dwelling units including but not limited to lodging houses, dormitories, time-shares, condominiums, shelters for homeless persons, congregate residences, apartment houses, dwellings, employee housing, factory-built housing and other types of dwellings containing sleeping accommodations with common toilet or cooking facilities which are not subject to DSA/AC requirements.

HCD 1/AC (Department of Housing and Community Development, Access Compliance). Application .Whenever the identification .HCD 1/AC. appears in this code, it shall mean the following provisions by the California Department of Housing and Community Development requires specific accommodations for persons with physical disabilities, as defined in Chapter 11A, of the California Code of Regulations, Title 24, Part 2, also known as the California Building Code.

The application of such provisions shall apply only to Group R Occupancies which are newly constructed covered multifamily dwellings as defined in Chapter 11A of the California Building Code, including but not limited to, the following:

1. Apartment buildings with three or more dwelling units.

2. Condominiums with four or more dwelling units.

3. Lodging houses, as defined in Chapter 2 of the California Building Code, when used as a residence with three or more guest rooms.

4. Congregate residences, as defined in Chapter 2 of the California Building Code.

5. Dwellings with three or more efficiency units, as defined in Chapter 2 of the California Building Code or Section 17958.1 of the California Health and Safety Code.

6. Shelters for the homeless, not otherwise subject to the disabled access provisions of the Division of the State Architect, Access Compliance (DSA/AC).

7. Dormitories, as defined in Chapter 2 of the California Building Code, with three or more guest rooms as defined in Chapter 2 of the California Building Code.

8. Time-share dwellings with three or more units, except for condominiums covered in item #2 above.

9. Other Group R Occupancies in covered multifamily dwellings which are regulated by the Office of the State Fire Marshal. (See Section 101.17.14.)

Buildings or portions of buildings of the same or similar occupancies, or mixed occupancies, and buildings accessory thereto, may also be subject to the disabled access provisions adopted by DSA/AC. Buildings subject to the disabled access regulations of the DSA/AC are identified in Section 101.17.11 of the California Building Code.

The HCD1/AC disabled access building standards do not apply to the alteration, repair, rehabilitation or additions to existing Group R Occupancies that were constructed for first occupancy after March 13, 1991. These standards generally do not apply to accommodations such as hotels and motels. (See Section 101.17.11 for public accommodations.)

Enforcing Agency. Local building department or the Department of Housing and Community Development.

Authority Cited. Health and Safety Code Sections 17921, 17922, 19990 and Government Code Section 12955.1.

Reference. Health and Safety Code Sections 17000 through 17060, 17910 through 17990, 19960 through 19997 and Government Code Section 12955.1.