Code and Legal Topics
June 2002

ADA Compliance

Smaller tenant improvements requiring a building permit are especially vulnerable to the impact of non complying access features in older buildings. Each city in California is required by the state to enforce the provisions of chapter 11 of the California Building Code, a mirror of the federal (ADA) standards, when taking plans into plan check. A substantial retrofitting for ADA compliance can be a grim cost to absorb in a modest lease. An architect or a competent T.I. Contractor can evaluate the compliance status of the buildings you represent or that you are showing and recommend cost saving strategies.

Question:  To what extent must one provide or improve accessibility (ADA) features when remodeling an existing building for a new lease?.

Answer:  The California Uniform Building Code states that when alterations, structural repairs or additions are made to an existing building it must be made to comply with the provisions set forth for the construction of new buildings except as modified in [This] Chapter 11, Division IV - Accessibility For Existing Buildings.

"These [handicapped access] requirements shall apply only to the area of specific alteration and shall include: 1) a primary entrance to the facility 2) a primary path of travel to the specific area of alteration 3)sanitary facilities 4) drinking fountains and 5) public telephones serving the area."

Exceptions:

The exception to the provision above is that of: 'unreasonable hardship' which is defined as occurring, when the following conditions are met:

• The total construction cost of the project does not exceed (in 2002) approximately $91,000.00

• The cost of complying is disproportionate to the cost of the work, that is: where the cost of compliance exceeds 20 percent of the project cost without the features required to comply.

• One is not evading the obligation to provide access by performing (within the last three years) a series of small alterations along the same path of travel that could have been performed as a single undertaking.

Successful mitigation of handicapped requirements under this section will still require as many features to be installed as can be without exceeding the 20% threshold.  "Where the cost of alterations necessary... is disproportionate, access shall be provided to the extent that it can be without incurring disproportionate cost......in the following order:"

1. Accessible entrance

2. An accessible route to the altered area

3. At least one accessible restroom for each sex

4. Accessible telphones ( If there are public telephones)

5. Accessible drinking fountains (If there are drinking fountains)

6. Additional accessible elements when possible (Parking, storage, alarms)

Other work excepted from provisions of this chapter are: Work intended solely to remove barriers to handicapped access and work which consists only of heating and air conditioning, minor electrical work and work cosmetic in nature.

Summed up:

1. If the value of the proposed work is less $91,000.00 then one is obligated to spend 20% of the project value (separate of the primary project cost) on any access features substandard or absent  Example: a $75,000.00 dollar alteration may require up to $15,000.00 (additional) be spent to upgrade access features. Be aware (several cities are checking this) that the exception is subject to a three year look back period to determine if there has been an attempt to evade compliance. 

2. If the value of the proposed work exceeds $91,000.00 then one is obligated to provide handicapped accessibility in the manner provided for accessibility in new buildings, but only to the area of specific alteration. Entrances, paths of travel and restrooms serving the altered area will have to comply regardless of cost.