California Accessibility Regulations and Compliance, Exams of Advanced Education

Download California Accessibility Regulations and Compliance and more Exams Advanced Education in PDF only on Docsity!

Casp California Regulations Complete Questions And Answers

Graded A+

Accessibility provisions in Chapter 11B apply to ✔✔1. public buildings,

2. public accommodations,
3. commercial facilities
4. and public housing Note: DSA provides interpretations Also Note: Subject to the provisions of this title, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. Accessibility provisions in Chapter 11A apply to ✔✔1. private housing Note: HCD developed and provides interpretations California Business and Professions Code Section 5600.05 ✔✔Establishes CEU on disability access requirements on architects California Government Code sections 4450-4461. ✔✔From 1968, Access to Public Buildings by Physically Handicapped Persons required all buildings constructed by the state or with state funding shall be accessible. Requires State Architect to submit accessibility standards. Requires State architect's regulations to be no less stringent than Access Board's ADA rules of 1990 and assure that it is at least equal. California Health and Safety Code Section 18935 Part 2.5 of Division 13 ✔✔Proposed building standards shall be given public hearings. California Government Code Sections 12955.1-12955.1.1. ✔✔From 1980: Housing Discrimination Prohibited. California Government Code Sections 8299-8299.11. ✔✔From 2008: A violation of the right of persons under ADA is also a violation under Unruh Civil Rights Act (Section 51 or Civil Code) California Government Code

Sections 14985 - 14985.11 ✔✔Set up the California Commission on Disability Access California Health and Safety Code Sections 19952 ✔✔After Jan 1, 1985 Access to places of public amusement. Readily moveable seats ok in wheelchairs spaces. Not less than ADA California Health and Safety Code Section 18949.29 ✔✔Construction inspectors, Plan Examiners and Building Officials required 45 hours CE every 3 years on ADA laws. California Health and Safety Code Section 19952.5 ✔✔From 2016 Requires Adult Changing stations. Starting 2020 if more than $10,000 project. Startign 2025 requires more stringent signage of table. California Health and Safety Code Section 19953 ✔✔For HSW violations 19952 Access to place of public amusement. prevailing party may recover reasonable attorney's fees California Health and Safety Code Section 19955.5 ✔✔In passenger vehicle service stations, shopping centers, offices of physicians and surgeons, and office buildings constructed on or after September 30, 1973, or offices or office buildings constructed on or after January 1, 1975 When sanitary facilities are made available for the public, clients, or employees in these stations, centers, or buildings, they shall be made available for persons with disabilities. California Health and Safety Code Section 19956 ✔✔Elevators not required for these exceptions: (a) Multistoried office buildings, other than the professional office of a health care provider, and passenger vehicle service stations less than three stories high, or less than 3,000 square feet per story. (b) Any other privately funded multistoried building that is not a shopping center, shopping mall, or the professional office of a health care provider, and that is less than three stories high or less than 3,000 square feet per story if a reasonable portion of all

facilities and accommodations normally sought and used by the public in such a building are accessible to and usable by persons with disabilities. 19952, 19955, 19955.5, 19956, 19956.5, 19959 ✔✔19952 : Provide Seating 19955: When providing sanitary facilities, provide them for handicapped 19955.5: Provide facilities at service, shopping places. 19956: provide elevators except under certain circumstances. 19956.5: state or private funds must provide full access sidewalks. 19959: Provide 19956 elevators at alterations or structural repairs. California Health and Safety Code Section 19958.6 ✔✔Civil penalty of two thousand five hundred dollars ($2,500) for each violation. after 90 days additional civil penalty of not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) for each violation for each additional day that the violation remains. California Health and Safety Code Section 19957.5 ✔✔Sets up a appeals board California Health and Safety Code Section 114276 ✔✔Rules for required bathrooms: (a) A permanent food facility shall provide clean toilet facilities in good repair for use by employees. (b) (1) A permanent food facility shall provide clean toilet facilities in good repair for consumers, guests, or invitees when there is onsite consumption of foods or when the

food facility was constructed after July 1, 1984, and has more than 20,000 square feet of floor space. (2) Notwithstanding Section 113984.1, toilet facilities that are provided for use by consumers, guests, or invitees shall be in a location where consumers, guests, and invitees do not pass through food preparation, food storage, or utensil washing areas to reach the toilet facilities. (3) For purposes of this section, a building subject to paragraph (1) that has a food facility with more than 20,000 square feet of floor space shall provide at least one separate toilet facility for men and one separate toilet facility for women. (f) (1) Except as provided in paragraph (1) of subdivision (b), a food facility that was constructed before January 1, 2004, that has been in continuous operation since January 1, 2004, and that provides space for the consumption of food on the premises shall either provide clean toilet facilities in good repair for consumers, guests, or invitees on property used in connection with, or in, the food facility or prominently post a sign within the food facility in a public area stating that toilet facilities are not provided. California Civil Code Sections 51, 52, and 54 ✔✔Personal Rights California Civil Code Section 51 ✔✔Unruh Civil Rights Act of 1959 all "are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever." California Civil Code Section 52 ✔✔Statutory Damages under Unruh Civil Rights ActAct:

1. Each and every offense
2. Max of 3 times amount of damage, but no less than $4,
3. Attorney's fees for the plaintiff only California Civil Code Section 54 ✔✔Disabled Persons Act - Violations for disability are violations of Unruh Act and carry CIV 52 damages SB 262 Kuehl - 4459.5-4459.8 ✔✔Not later than January 1st, 2005 State Architect sets up certified access specialist requirements. Minimum criteria for specialist. 3 year certification. State Architect can provide audits.

Can be suspended with complaints. California Government Code Section 65946 ✔✔a.

1. Defines Certified access specialist " or "CASp"
2. "CRASC"
3. Provides "Written Inspection Report" b. local agency shall expedite review if.
4. DAIC provided by CASp
5. Demonstrates it is necessary for violation in inspection report.
6. If project plans are necessary. "CRASCA" ✔✔Construction Related Accessibility Standards Compliance Act. "DAIC" ✔✔Disability Access Inspection Certificate California Civil Code Sections 55.51-55.545 ✔✔Construction-Related Accessibility Standards Compliance Act Under CRASCA "qualified defendant" ✔✔(8) "Qualified defendant" means a defendant in an action that includes a construction-related accessibility claim that is asserted against a place of public accommodation that met the requirements of "meets applicable standards" or "inspected by a CASp" prior to the date the defendant was served with the summons and complaint in that action. To be a qualified defendant, the defendant is not required to have been the party who hired any CASp, so long as the basis of the alleged liability of the defendant is a construction-related accessibility claim. To determine whether a defendant is a qualified defendant, the court need not make a finding that the place of public accommodation complies with all applicable construction-related accessibility standards as a matter of law. The court need only determine that the place of public accommodation has a status of "meets applicable standards" or "inspected by a CASp." CRASCA requires jurisdictions to do what? ✔✔55.53 Responsibilities of CASP requires AHJ to employ or retain CASps California Civil Code Section 55.3 ✔✔Lawyers must send defendants letters with written advisory. STATE LAW REQUIRES THAT YOU GET THIS IMPORTANT ADVISORY INFORMATION FOR BUILDING OWNERS AND TENANTS... California Civil Code

Section 1938 ✔✔(a) A commercial property owner or lessor shall state on every lease form or rental agreement executed on or after January 1, 2017, whether or not the subject premises have undergone inspection by a Certified Access Specialist (CASp). Can request a report CA Civil Code sections 55.55-55.57 ✔✔(Corbett Statutory Damages) ATTORNEY'S FEES AND STATUTORY DAMAGES IN CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS CLAIMS only to claims filed on or after Jan 1 2009 CA Civil Code Sections 55.55 ✔✔the court may consider, along with other relevant information, written settlement offers made and rejected by the parties. CA Civil Code Sections 55.56 ✔✔(e) (1) The following technical violations are presumed to not cause a person difficulty, discomfort, or embarrassment for the purpose of an award of minimum statutory damages in a construction-related accessibility claim CA Civil Code Sections 55.57 ✔✔Only for claims after January 1, 2009. General: 11B-204 Protruding Objects ✔✔Specific: Division 3: Building Blocks 11B-307 Protruding Objects General: 11B-205 Operable Parts Advisory 11B-205.1 General. Controls covered by Section 11B-205.1 include, but are not limited to, light switches, circuit breakers, duplexes and other convenience receptacles, environmental and appliance controls, plumbing fixture controls, and security and intercom systems. ✔✔Specific: Division 3: Building Blocks 11B-309 Operable Parts General: 11B-206 Accessible Routes Advisory 11B-206.2.1 Site arrival points. Each site arrival point must be connected by an accessible route to the accessible building entrance or entrances served. Where two

or more similar site arrival points, such as bus stops, serve the same accessible entrance or entrances, both bus stops must be on accessible routes. In addition, the accessible routes must serve all of the accessible entrances on the site. ✔✔Specific: Division 4: Accessible Routes 11B-402 Accessible Routes General: 11B-207 Accessible Means of Egress ✔✔Specific: Division 4: Accessible Routes 11B-408 Limited-Use/Limited-Application Elevators General: 11B-208 Parking Spaces ✔✔Specific: Division 5: General Site and Building Elements 11B-502 Parking Spaces General: 11B-209 Passenger Drop-Off and Loading Zones and Bus Stops ✔✔Specific: Division 5: General Site and Building Elements 11B-503 Passenger Drop-Off and Loading Zones General: 1 1B-206 Accessible 11B-210 Stairways ✔✔Specific: Division 5: General Site and Building Elements 11B-504 Stairways General: 11B-211 Drinking Fountains ✔✔Specific: Division 6: Plumbing Elements and Facilities 11B-602 Drinking Fountains General: 11B-213 Toilet Facilities and Bathing Facilities ✔✔Specific:Division 6: Plumbing Elements and Facilities 11B-603 Toilet and Bathing Rooms General: 11B-214 Washing Machines and Clothes Dryers ✔✔Specific: Division 6: Plumbing Elements and Facilities 11B-603 Toilet and Bathing Rooms General: 11B-215 Fire Alarm Systems and Carbon Monoxide Alarm Systems ✔✔Specific: might be none

General: 11B-216 Signs ✔✔Specific: Division 7: Communication Elements and Features 11B-703 Signs General: 11B-217 Telephones ✔✔Specific: Division 7: Communication Elements and Features 11B-704 Telephones General: 11B-218 Transportation Facilities ✔✔Specific: Division 8: Special Rooms, Spaces and Elements 11B-810 Transportation Facilities General: 11B-219 Assistive Listening Systems ✔✔Specific: Division 7: Communication Elements and Features 11B-706 Assistive Listening System General: 11B-220 Automatic Teller Machines, Fare Machines and Point-of-Sale Devices ✔✔Specific: Division 7: Communication Elements and Features 11B-707 Automatic Teller Machine, Fare Machines and Point-of-Sale Devices General: 11B-221 Assembly Areas ✔✔Specific: Division 8: Special Rooms, Spaces and Elements 11B-802 Wheelchair Spaces, Companion Seats, and Designated Aisle Seats and Semi-Ambulant Seats General: 11B-222 Dressing, Fitting, and Locker Rooms ✔✔Specific: Division 8: Special Rooms, Spaces and Elements 11B-803 Dressing, Fitting and Locker Rooms General: 11B-224 Transient Lodging Guest Rooms, Housing at a Place of Education and Social Service Center Establishments ✔✔Specific: Division 8: Special Rooms, Spaces and Elements 11B-806 Transient Lodging Guest Rooms General: 11B-225 Storage ✔✔Specific:

Division 8: Special Rooms, Spaces and Elements 11B-811 Storage General: 11B-226 Dining Surfaces and Work Surfaces ✔✔Specific: Division 9: Built-In Elements 11B-902 Dining Surfaces and Work Surfaces General: 11B-227 Sales and Service ✔✔Specific: Division 9: Built-In Elements 11B-904 Check-Out Aisles and Sales and Service Counters General: 11B-228 Depositories, Vending Machines, Change Machines, Mail Boxes, Fuel Dispensers, and Electric Vehicle Charging Stations ✔✔Specific: Division 8: Special Rooms, Spaces and Elements 11B-811 Storage 11B-812 Electric Vehicle Charging Stations General: 1 1B-229 Windows ✔✔Specific: Division 3: Building Blocks 11B-309 Operable Parts General: 11B-230 Two-Way Communication Systems ✔✔Specific: Division 7: Communication Elements and Features 11B-708 Two-Way Communication Systems General: 11B-231 Judicial Facilities 2010 ADA ✔✔Specific: Division 8: Special Rooms, Spaces and Elements 11B-808 Courtrooms General: 11B-232 Detention Facilities and Correctional Facilities 2010 ADA ✔✔Specific: Division 8: Special Rooms, Spaces and Elements General: 11B-233 Residential Facilities ✔✔Specific: Division 8: Special Rooms, Spaces and Elements

General: 11B-234 Amusement Rides 2010 ADA ✔✔Specific: Division 10: Recreation Facilities 11B-1002 Amusement Rides General: 11B-235 Recreational Boating Facilities 2010 ADA ✔✔Specific: Specific: Division 10: Recreation Facilities 11B-1002 Amusement Rides General: 11B-237 Fishing Piers and Platforms 2010 ADA ✔✔Specific: Specific: Division 10: Recreation Facilities 11B-1005 Fishing Piers and Platforms General: 1B- 2 38 Golf Facilities 2010 ADA ✔✔Specific: Specific: Division 10: Recreation Facilities 11B-1006 Golf Facilities General: 11B-239 Miniature Golf Facilities 2010 ADA ✔✔Specific: Specific: Division 10: Recreation Facilities 11B-1007 Miniature Golf Facilities 11B-240 Play Areas 2010 ADA ✔✔Specific: Specific: Division 10: Recreation Facilities 11B-1008 Play Areas General: 11B-241 Saunas and Steam Rooms 2010 ADA ✔✔Specific: Division 6: Plumbing Elements and Facilities 11B-612 Saunas and Steam Rooms

General: 11B-242 Swimming Pools, Wading Pools, and Spas 2010 ADA ✔✔Specific: Division 10: Recreation Facilities 11B-1009 Swimming Pools, Wading Pools, and Spas General: 11B-243 Shooting Facilities with Firing Positions ✔✔Specific: Division 10: Recreation Facilities 11B-1010 Shooting Facilities with Firing Positions General: 11B-244 Religious Facilities ✔✔Advisory 11B-244.1 General. Religious facilities are exempt from federal ADA requirements, however no exception is provided for these types of facilities under the California Building Code (CBC) due to pre-existing and more stringent state regulations. Religious practice may restrict general access to specific areas, for example a raised altar area; however access for persons with disabilities to these areas may be required. The CBC requires raised areas of the facility to provide access by ramp, special access lift or elevator. Religious beliefs and practices notwithstanding, architectural barriers are not permitted at participation areas. General: 11B-245 Public Accommodations Located in Private Residences ✔✔Specific: 11B-245.3 Accessible elements required. The accessible portion of the residence extends to those elements used to enter the commercial facility, including the front sidewalk, if any, the door or entryway, and hallways; and those portions of the residence, interior or exterior, available to or used by employees or visitors of the commercial facility, including restrooms. General: 11B-246 Outdoor Developed Areas ✔✔Specific: Advisory 11B-246.1 General. Additional information regarding accessibility best practices for outdoor occupancies can be found in the California State Parks Accessibility Guidelines available on the California State Parks website and the Draft Final Guidelines for Outdoor Developed Areas on the U.S. Access Board website.

General: 11B-247 Detectable Warnings and Detectable Directional Warning Texture ✔✔Specific: Division 7: Communication Elements and Features 11B-705 Detectable Warnings and Detectable Directional Texture General: 11B-206 Accessible Routes Advisory 11B-206.2.2 Within a site. ✔✔An accessible route is required to connect to the boundary of each area of sport activity. Examples of areas of sport activity include: soccer fields, basketball courts, baseball fields, running tracks, skating rinks, and the area surrounding a piece of gymnastic equipment. While the size of an area of sport activity may vary from sport to sport, each includes only the space needed to play. Where multiple sports fields or courts are provided, an accessible route is required to each field or area of sport activity. Unruh Act ✔✔CIV § 51 DPA ✔✔CIV § 54 ADA ✔✔42 U.S.C. 12101 Senate Bill 262 (Kuehl) Chapter 872 Statutes of 2003 ✔✔GOVERNMENT CODE § 4459.5-4459. Voluntary Certified Access Specialist Program GOVERNMENT CODE § 4459.5-4459. Senate Bill 1608 (Corbett) Chapter 549 Statutes of 2008 ✔✔CIVIL CODE § 55.51-55. Construction-Related Accessibility Standards Compliance Act CIVIL CODE § 55.51-55. What act setup CASp ✔✔SB- 262 Senate Bill 262 (Kuehl) GOVERNMENT CODE § 4459.5-4459. What act is the Construction-Related Accessibility Standards Compliance Act ✔✔SB- 1608 Senate Bill 1608 (Corbett) CIVIL CODE § 55.51-55. What act ammends CRASCA to extend legal benefits to additional defendants ✔✔SB- 1186 Senate Bill 1186 (Steinberg)

What act identifies technical violations that do not warrant damages (unless proved difficulty, discomfort, embarasment) ✔✔SB- 269 Senate Bill 269 (Roth) Civil Code § 55.