As part of its obligation to provide education on the accessibility requirements with chapter 11B of the California Building Code (CBC) the Division of the State Architect (DSA) has recently produced a guidance document on public housing. As stated in the introduction to the guide, each building project provides unique parameters that require close examination of the applicability of state and federal standards. The authority having jurisdiction is responsible for interpreting the state building code. Compliance with the building code does not necessarily mean the project is in compliance with federal law. This guide is a resource to assist you in rendering informed assessments. There is no permit or approval process indicating compliance with the federal civil rights laws. It’s the owner and or operator of the facility that ultimately bares that responsibility. Compliance with the ADA Standards is driven by its implementing regulations (titles II and III). State law says in no case is DSAs requirements to prescribe a lesser standard than the ADA Standard. The guide provides a concise summary of the regulations establishing the rules and responsibilities for public (title II) entities in its application to the design and construction requirements for public housing. In addition, the guide also establishes what and what does not constitute a federally funded project (thereby triggering compliance with section 504 of the Rehabilitation Act). A brief description of the Fair Housing Act (FHA) and a definition of covered multifamily buildings is provided as well as a comparison of the differences in definition of public housing found in the ADA and the CBC (the definition of public housing in CBC has been developed to incorporate the regulatory language of the ADA). The second part of the guide is a collection of flow charts and decision trees to assist with determining: · The applicable ADA requirements for when federal funds are used in public housing and when 504 does not apply · If residential facilities fall under the ADA title II or III regulations (including group homes, halfway houses, transient lodging, housing at a private university, etc) · Weather the FHA “safe harbor” design requirements or the additional 504 requirements are applicable when federal funds are used · When the FHA guidelines apply · If a facility is considered public housing and required to comply with chapter 11B · If a facility is either considered a place of public accommodation or public housing under chapter 11B · Finally, the guide provides a spreadsheet listing 30 different housing programs and cross references the applicable federal and or state requirement (504/UFAS, ADAS, FHA, 11A, or 11B). Having a reference such as this can be useful in providing an educated analysis of a project. If you have not done so, check out the guide here. |
