CITY OF SAN JOSE BUILDING DIVISION POLICY

Policy on the Chronology of Disabled Access
Regulations in the State of California UBCC 11B-10-94
Policy No. UBCC 11A-10-94
Effective: March 30, 1995
Revised: January 12, 1996

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Attached are the chronologies of the development of Disabled Access Regulations in the State of California. They may be used to establish the accessibility requirements for existing, remodeled and new buildings constructed since 1960, both public and private, residential and non-residential. This information is taken from April 1994 CALBO publication on California Disabled Access Regulations and is updated to include the changes since then.

CITY OF SAN JOSE BUILDING DIVISION POLICY

 HISTORY OF DISABLED ACCESS REGULATIONS IN THE STATE OF CALIFORNIA

In 1968, the Office of the State Architect was directed by legislation to adopt building regulations in hotels, motels and in certain public buildings to address the needs of the physically disabled community.

In 1978, the Commission of Housing and Community Development was approached by various members of the disabled community and was asked to adopt regulations for privately-funded buildings not covered by the prior legislation. After consultation with and cooperation from the building industry and various physically disabled groups, the Department of Housing and Community Development (HCD) submitted draft regulations to the Commission of Housing and Community Development in 1980.

The Commission of Housing and Community Development appointed an ad hoc committee to work with interest groups in reviewing the draft disabled adaptability regulations prepared by HCD. The committee held five meetings, solicited technical advice from local building officials, contractors, builders, the Department of Rehabilitation and representatives of the disabled constituency.

The Commission held seven public hearings in 1980, at which HCD staff presented cost data and technical information. After months of input, the draft regulations were refined and formally adopted by HCD on August 10, 1982.

On December 9, 1982, the State Building Standards Commission approved the adaptability and accessibility regulations for apartment houses (with a cost cap of $1,000 per applicable unit). However, the Commission requested that HCD further study the issue of demand and need before considering application of the standards to condominiums.

In 1983, the California Building Industry Association formally requested the State Building Standards Commission to reconsider the approval of the regulations in order to address industry concerns relating to the cost of construction and the applicability requirements which were based on the number of persons with physical disabilities in California.

Numerous negotiating sessions were conducted between various representatives of the disabled community, the California Building Industry Association and the Director of the Department of Housing and Community Development. Due to the good faith efforts of these groups, the negotiating sessions resulted in amendments to the applicability of the regulations and were approved by the State Building Standards Commission on December 19, 1983.

Industry Association, California Council of American Institute of Architects and California Building Officials.

On August 29, 1991, the California Building Standards Commission (CBSB) approved emergency regulations with an effective date of January 1, 1992. However, California Building Officials petitioned the Department to postpone implementation of the regulations until July 1, 1992, to provide the local jurisdictions sufficient opportunity to train their personnel on the requirements of the emergency regulations. After due consideration, HCD concluded that it was appropriate to postpone the implementation until April 15, 1992.

On December 10, 1991, CSBC approved a repeal of the August 29, 1991 regulations and approved a new emergency regulation package with an effective date of April 15, 1992.

On October 30, 1992, following extensive testimony, CBSC tabled the formal regulation adoption and directed the Department to meet with interested parties in an attempt to resolve expressed concerns relating to "Accessible Route of Travel".

On November 12, 1992, Department representatives met with representatives of the disabled community, California Building Officials, California Building Industry Association, the design profession and California Building Standards Commission. An Agreement was reached.

On December 9, 1992, CBSC approved the formal regulation adoption with an effective date of July 15, 1993.

On October 1, 1993, CBSC approved final regulations to incorporate the Americans with Disabilities Act (ADA) and the Federal Fair Housing Amendment (FFHA) into California Title 24 accessibility regulations with an effective date of April 1, 1994.

On July 1, 1995, CBSC published 1995 edition of the California Building Code which incorporates by reference the 1994 edition of the Uniform Building Code, with necessary California amendments with effective date of December 28, 1995.