In order to have a better understanding, this law was created to start a dialog on whether or not a facility is accessible – basically to heighten awareness of Accessibility issues. It was not meant to take away the voluntary nature of having a CASp inspection, but having a CASp report does provide a road map of how to make a property more accessible.

Right now, it has caused a rush for more information with the deadline of July 1st fast approaching. The language in the code is rather simple and is only one sentence long but it appears to raise more questions as you review it closely.

SEC. 12. Section 1938 is added to the Civil Code, to read:

1938. A commercial property owner or lessor shall state on every lease form or rental agreement executed on or after July 1, 2013, whether the property being leased or rented has undergone inspection by a Certified Access Specialist (CASp), and, if so, whether the property has or has not been determined to meet all applicable construction-related accessibility standards pursuant to Section 55.53.

• One question is, do you need to state on the lease if you have not had a CASp inspection, or just if you did?
• Another question is, if the property is multi-tenant and an inspection by a CASp has been performed only on the common and public space, not the individual tenant space, what is said on the tenant lease?
• The next question is, should you use the terminology in the code for the status of a CASp report of “Meets Applicable Standards” or “Inspected By A CASp”?
• And the last question, for now, do you need to have a CASp report as fully delineated in the code or do you just need a walk-thru by someone who is a CASp?

Since this is new, there are going to be a number of opinions until there actually are interpretations by a court.

• From people who I have talked with, there does appear to be a consensus that it should state whether or not a CASp inspection has been performed.
• With the intent of this Senate Bill being informational, if the public and common space has had a CASp inspection but the to-be leased tenant space has not, then this information can be stated.
• If you have had a CASp inspection performed you can use the language provided on the report of “Meets Applicable Standards” (if everything is compliant), or “Inspected By A CASp” (if there are corrections or barrier removal items to be done) and include ‘as defined by California Civil Code 55.53’ to further clarify.
• There is also somewhat of a grey area as to whether having a CASp do a walk-thru on the property is adequate or whether a CASp inspection with a determination per Section 55.53 actually has to be done in order to state whether or not the property has undergone an inspection.

What is also somewhat confusing is, even if a CASp inspection was done for the previous tenant this does not necessarily mean the new tenant would receive the same designation for a number of reasons. But be sure to confirm with your attorney what is the appropriate language for your typical lease agreements since this is indeed a legal issue. But do be aware that if an existing building, whether pre or post-ADA, is not accessible, both the tenant and the owner could be liable. So it behooves you as the owner or the tenant to understand just how accessible the property is and what is planned to upgrade inaccessible features.

Be aware that your local City or County may have additional requirements that are more restrictive than the State or Federal requirements. Also, this article is an interpretation and opinion of the writer. It is meant as a summary – current original regulations should always be reviewed when making any decisions.

© Janis Kent, Architect, CASp 2013

The 1991 ADA had only required employee only work areas to be on an accessible route so someone with a disability can approach, enter, and exit the area, just not necessarily get in and around the space. With the new 2010 ADAS this has increased to also include a common use circulation path within the employee only work area. The common use circulation path requirement does not mean that all elements within the area are accessible but that there is one minimum 36” wide accessible circulation path, aside from a few exceptions.

The 2010 CBC does not define employee areas other than stating they need to be accessible, although it does define work station. Work stations are required to have a 32” clear opening for the entry and need to comply with aisle widths, floor level changes, slip resistant flooring, carpet, and floor grating requirements within the work station. Some employee areas, as defined by Group Occupancies B and H, only require aisle widths of 36″ or 44″, and have specifically defined which areas are considered work areas as well as what other areas are required to be accessible.

There is a similarity of what CBC calls a work station and what ADAS calls an employee only work area with less than 1,000 SF. A common use circulation path is not required within the less than 1,000 SF work area but the entry is on an accessible route and the entry itself is accessible so someone can approach, enter, and exit. A work station is similar to this smaller work area, although in addition it is required to comply with aisle widths and level changes, etc within the work station. There is no requirement for either agency for a turn-around space – just aisle width and if there is a ‘U-turn’ then the required aisle width at the 180° turn. Both agencies have a similar definition for these smaller employee only work areas. ADAS defines it as less than 1,000 SF defined by permanently installed partitions, casework, or furnishings, etc. CBC defines it as an area defined by equipment and/or work surfaces for one or a small number of employees at a time. Both authorities use almost the same examples – kitchens in small restaurants, employee side of service counters, bars, file rooms, etc – but one defines it by square footage whereas the other by one or a small number of employees, whatever that may be.

In summary, the major difference between both authorities is that ADAS does not require employee only work areas to be fully accessible – just a common use circulation path within, whereas CBC does differentiate which employee areas are to be fully accessible by Group Occupancies. Both require employee common use spaces to be fully accessible although this is not specifically stated as such and leads to further questions. Smaller spaces (less than 1,000 SF or work stations) such as stock rooms, file rooms, or storage areas accessed by employees only have to be on an accessible route and be able to approach, enter, and exit the room although CBC has further requirements for Group B Occupancy storage areas. In addition, CBC requires compliant aisle widths and level changes, etc within the work station. If the area, for example, is an employee research library accessed by more than just the librarian, then this is considered a common use space which would require a common use circulation path per ADAS and compliant aisle widths between stacks per CBC. With both authorities, typically a private office and even a trash enclosure need to be on an accessible route and be able to approach, enter, & exit – in other words open the door and get over the threshold. Machinery rooms such as mechanical, electrical, and communications equipment rooms used by service personnel are specifically exempted from being required to be on an accessible route.

There is no Barrier Removal program for employee only areas in existing buildings. Barrier Removal is for clients and customers only, in places of public accommodation and in those limited areas within commercial facilities where their clients and customers might come which would also be considered areas of public accommodation. Employees, though, have some measure of protection, since employers with 15 or more employees are required by Title I of the ADA to provide Reasonable Accommodation in its workplace for those employees needing consideration which is a different concept than Barrier Removal. If an employee only area, though, is being renovated then the altered area is required to be made accessible to today’s standards as previously delineated. If a newly constructed employee only space is not a work area but a common use space, such as lounges, locker rooms, cafeterias, libraries, restrooms, etc, it also needs to be accessible per both agencies. If a space has a new alarm system then wiring is now required to be installed for future visible alarms, but it is not necessary to actually install the visible alarms until required to do so per Reasonable Accommodation. So employee only spaces are not necessarily treated in the same manner as places of public accommodation, but there is some measure of protection under ADA Title I for employees. Consideration should be given since it is far easier to make an employee area accessible during new construction than to alter it in the future to provide for Reasonable Accommodation.

Be aware that your local City or County may have additional requirements that are more restrictive than the State or Federal requirements. Also, this article is an interpretation and opinion of the writer. It is meant as a summary – current original regulations should always be reviewed when making any decisions.

© 2013 Janis Kent, Architect, CASp

So how does natural light, in particular, narrow spectrum blue light correlate with health? There have been numerous studies which show having too small of an amount can cause a higher incidence of cancer – a study of night shift nurses shows a 20% higher incidence of breast cancer than their day shift peers. Same goes for prostrate cancer. The elderly who many times are restless sleepers are shown to have quicker sleep onset with a deeper and longer sleep when they receive more day time light. Even those with dementia have shown a stop to cognitive decline similar to medications without the side affects (although this does not stop the progressive cognitive worsening of the disease). And there is a lowering of blood pressure as well as increased resistance to colds, just to name a few.

If our eyes are closed we do not receive and synthesize the effects of this blue light. Likewise if we are blind, although if the blindness is caused by neurological issues we would still receive benefit since it is not the receptor that is damaged. If we are wearing sunglasses or in a building that has tinted windows we would receive the benefits since these only filter out light intensity, although some windows can filter out these light waves and the specifications should be reviewed. Likewise, some sunglasses might also filter out these light waves, but for the most part glazing and sun glasses just filter out light intensity.

So how does this work? Visible light enters our eyes thru rods and cones. Narrow spectrum blue light enters our eyes thru a similar receptor, but the signals connect thru the suprachiasmatic nucleus (SCN) which acts as our biological clock. If we have predominantly cool light during the day and warm light at night, we will have less of a disruption in our normal day/night cycles. This allows our body to produce the correct balance of day time alert transmitters and night time restorative hormones affecting our circadian rhythms. Quite a mouthful, but basically it affects a number of items related to our health and natural cycles.

This narrow spectrum blue light is not about the color but rather about the wave length of 450-500 nanometers (470 nm is optimum) – so a blue painted room has no effect nor does a light with a colored screen. Night lights might affect our circadian rhythms – if it is bright enough for us to see, it is bright enough to have an effect on our night time melatonin production. Marker lights, on the other hand, such as the controls on a range or light switch, do not produce enough light to have an affect.

As we age, we take in less light due to changes in the eye structure so we need more day time lighting, more intense or for longer periods, in order to compensate. Assisted living homes typically have lower light levels and nursing homes even lower yet, hence a more rapid decline. Studies have shown that when cool day light levels are increased during the day, residents rapidly respond with improved moods, better health, a lessening of functional limitations, and better sleep.

So what does this mean about our own environment whether young or old? Perhaps we should consider placing ourselves in environments where there is more natural light. If we are in rooms that are dark and gloomy we should consider upping the daytime light level. More light and more narrow spectrum blue light during the day leads to better night time sleep. And as numerous studies have shown over the last two decades, this in turn leads to all kinds of positive things regarding our health and well-being.

Be aware that your local City or County may have additional requirements that are more restrictive than the State or Federal requirements. Also, this article is an interpretation and opinion of the writer. It is meant as a summary – current original regulations should always be reviewed when making any decisions.

© 2013 Janis Kent, Architect, CASp

So what are some of the categories for sign types?

• Permanent Room signs are the portion of room or space identification signs that remain up permanently (defined as more than 7 days). It is not the name of the business or occupant but rather the room/suite number and/or room name. This portion should be in Braille and Raised Characters. If the sign is on the exterior and not near a door it is required to be Visual only.
• Exterior Entrance signs are required to have a Symbol – the International Symbol of Accessibility (ISA). ADA requires this at accessible entry doors only if not all doors are accessible whereas California requires it at all exterior doors. In both cases if a door is not accessible it should have a directional sign with an ISA to the nearest accessible door. Rooms and exterior spaces used by service personnel for maintenance are not required to have an ISA.
• Exit Doors including exit passageways, discharge areas, and stairway floor IDs are required to have signs with Raised Characters and Braille. So be aware that doors with lit exit signs, should have an additional sign on the strike side of the door in Braille and Raised Characters – this is missing more often than not.
• Informational and Directional signs are Visual only and also have the appropriate Symbol. This can include an ISA at an accessible checkout stand, or the International Symbol of Hearing Loss and notices at ticket windows in assembly areas with assisted listening systems, or Amusement Ride information about types of access and load/unload areas.
• Restroom signs have Raised Characters, Braille, and preferably a Pictogram. An ISA is also required to be located at accessible restrooms if not all are accessible. California also mandates a door Symbol which is a circle, a triangle, or both, mounted on all restroom doors and this Symbol is to contrast with the door color.

There are a multitude of other sign types each with their separate requirements. These include but are not limited to; parking, elevators, phones, phones with TTY, Areas of Refuge, and ATMs. And there are some sign types which have no requirement at all such as building address signs, company names and logos, directories, seat/row designations in assembly buildings, and menus. It is helpful with wayfinding to have signs with Raised Characters and Braille at the separate tenant entry doors such as in a strip mall since this is similar to a suite number. And although there are no requirements for menus in restaurants, perhaps some thought should be given to providing a menu with enlarged text. In other words, you can go one step further to being more accessible than is actually required and many times this is at little cost.

Be aware that your local City or County may have additional requirements that are more restrictive than the State or Federal requirements. Also, this article is an interpretation and opinion of the writer. It is meant as a summary – current original regulations should always be reviewed when making any decisions.

© 2013 Janis Kent, Architect, CASp

In general, signs have several components depending on the sign type, and you may need to use one or all depending on the specific requirements. There are also differing parameters on the font styles used within the sign depending upon whether it is a Visual or a Raised Character – very technical requirements which I will not be touching on but are required.

• Visual Characters contrast from the sign background, and this is a light to dark contrast. Although it is not stipulated what ‘contrast’ specifically means, some industry standards define this as a 70% contrast.
• Raised Characters are raised from the sign background a specific distance. These do not need to contrast to the sign background but if they are a minimum specified height AND contrast to the sign background you can substitute just these Raised Characters instead of having both Raised and Visual Characters. Makes sense to enlarge the Raised Characters and provide contrast since the words then are placed once. This is meant to be read both visually and by touch.
• Contracted Braille is located under the Raised Characters and is also known as Grade II Braille. Braille does not need to contrast with the sign background since it is predominantly read by touch. Be aware that within California, the requirements differ for dot and cell spacing so California Braille should be specified for all projects within the state.
• Pictograms contrast with the background of the sign similar to Visual Characters and have text descriptors below. These do not need not be raised but when required are to be in a separate field from the Raised Characters and Braille. Examples are the Men and Women Pictograms used on restrooms.
• And last, Symbols which actually are a type of Pictogram, but I am differentiating it here since these do not need a text descriptor. Some examples are the International Symbol of Accessibility (ISA), International Symbol of Access for Hearing Loss, and others including the No Smoking symbol. These contrast with their background but do not need to be raised.

California building departments are required to review signs in new construction or alteration projects. If it is just a barrier removal project without a permit you would still follow the requirements although a permit review is not required. And be aware that replacing existing signage with those having Braille and Raised Characters is considered within the second order of priority under Barrier Removal by the Department of Justice. This is a relatively easy fix for existing buildings and makes the facility more accessible for the visually impaired. So consider replacing existing signs to meet today’s standards even if you are not planning on any construction!

Be aware that your local City or County may have additional requirements that are more restrictive than the State or Federal requirements. Also, this article is an interpretation and opinion of the writer. It is meant as a summary – current original regulations should always be reviewed when making any decisions.

© 2013 Janis Kent, Architect, CASp

If your building has less than 3,000 SF per floor or is a 2-story building, generally an elevator is not required. But this is based upon what types of tenants are located on the other floor(s). If there are any medical offices an elevator is required. Also, if there are any retail shops, an elevator is required. And last, if space is provided for a public agency, an elevator most likely will be required. There are a few more exceptions where an elevator is required as well such as for an airport passenger terminal or specified public transportation.

This is the requirement for new buildings. But let’s say the building was built pre-ADA without an elevator and there are medical offices on the second floor. If you are doing an alteration on the second floor you are required to spend an additional 20% on the path of travel supporting this altered space which could include an elevator. In California, if the remodel is over the Valuation Threshold which for 2012 is $136,060, then all path of travel items will need to be made compliant. The exception for this is the elevator. The path of travel obligation whether above or below the Valuation Threshold for the elevator is limited to 20% similar to ADA.

So unless you are doing a substantial alteration where the 20% additional expenditure can buy you an elevator, you will be putting the money into other upgrades for the path of travel. Of course you can always choose to make the facilities more accessible than the minimum required and if the space is used by a public agency you may be required to in order to have them as a tenant. Then one small additional note, even if other levels do not have elevator access, you are still obligated to make each element on these levels accessible.

Be aware that your local City or County may have additional requirements that are more restrictive than the State or Federal requirements. Also, this article is an interpretation and opinion of the writer. It is meant as a summary – current original regulations should always be reviewed when making any decisions.

© 2012 Janis Kent, Architect, CASp

• If you are not doing nor have you done any alterations to the building since January 26, 1992 you would still need to remove barriers that are Readily Achievable. Depending upon the space and your finances since 1992, this could mean widening doors or if not feasible installing offset hinges, removing door knobs and installing lever hardware, putting in grab bars, insulating pipes and rough edges under the lavatory, putting in a raised toilet seat, lowering accessories to be within compliant reach ranges, and a number of other items including signage. But do remember this is an ongoing task and should be revisited annually until the restroom complies as much as possible.
• If you are doing or have done an alteration since January 26, 1992 and it is under the Valuation Threshold ($136,060 for 2012) then you need to spend an additional 20% of the construction budget on Path of Travel obligations to the space being altered which also includes restrooms that support that altered space.
• If your alteration is over the Valuation Threshold, and this is calculated over a 3 year period, if you have separate men’s and women’s restrooms, then you are required to have at a minimum, both restrooms accessible. If you have multi-accommodation restrooms and there is not enough space to make them both accessible, you will need to provide one single accommodation restroom for each sex in the same general area as the multi-accommodation. If this is not technically feasible then one accessible unisex restroom is required to be installed per altered floor.

If you started out with 2 single accommodation restrooms, one men and one women, but neither were accessible. Per the first scenario you would need to remove barriers in both the men’s and women’s restroom that are Readily Achievable. Per the second and third scenarios above, you would need to remodel both single accommodation restrooms to make them accessible or if this is not technically feasible, convert both to unisex restrooms making one fully accessible and the other as accessible as possible. If you are under the Valuation Threshold, you do as much as possible, but if your construction budget is over that amount, and it changes annually, then you will need to have one accessible restroom for men and another for women or if it is technically infeasible, then at a minimum, provide one unisex that is accessible.

Be aware that your local City or County may have additional requirements that are more restrictive than the State or Federal requirements. Also, this article is an interpretation and opinion of the writer. It is meant as a summary – current original regulations should always be reviewed when making any decisions.

© 2012 Janis Kent, Architect, CASp

The answer to that question for the most part is no. Per the ADA when altering a primary function area you are required to alter Path Of Travel elements supporting this space as well. These elements consist of restrooms, doors, telephones, drinking fountains, the route itself, and a number of other items. The expense for making these additional elements accessible is considered disproportionate if it exceeds 20% of construction costs and is therefor not required to be done. So per ADA, the additional amount you are required to spend over the construction costs would be 20% max.

California does not allow this 20% ceiling if construction costs are greater than the Valuation Threshold. For 2012, the Valuation Threshold is $136,060, which increases annually. If the construction budget is over this amount, and this is computed over a three year period, then all Path Of Travel elements supporting the space are required to be made accessible regardless of cost. The exception is elevators in places of public accommodation, which if required, still has the 20% disproportionality rule applied. So per California, the additional amount you are required to spend over construction costs would be 20% if it is below the Valuation Threshold, but if over this value, then all supporting elements need to be made accessible.

The ADA states that when the cost of alterations is disproportionate to overall costs, one is still obligated to make the Path Of Travel as accessible as possible with the mandated 20% expenditure. This also includes upper floors even in non-elevatored buildings. The prioritization of these elements are as follows;

• An accessible entrance;
• An accessible route to the altered area;
• At least one accessible restroom for each sex or a single unisex restroom;
• Accessible telephones;
• Accessible drinking fountains; and
• When possible, additional accessible elements such as parking, storage, and alarms.

If the Owner has not kept up with ongoing obligations of Barrier Removal this should be considered within the scope of work. Another item, if your alteration is just for Path of Travel elements or Barrier Removal, then there is no additional 20% expenditure required.

Be aware that your local City or County may have additional requirements that are more restrictive than the State or Federal requirements. Also, this article is an interpretation and opinion of the writer. It is meant as a summary – current original regulations should always be reviewed when making any decisions.

© 2012 Janis Kent, Architect, CASp

To make a surface compliant is relatively easy but to understand how many accessible counters are needed and where they are located is more involved. Also, what most people do not realize is that not only the accessible portion of the counter should be clear of all items but also a clear floor space in front should be provided. This is well beyond the fabricator’s responsibility.

The accessible counter should fall within a specific height of 28″ to 34″ in California and should have a minimum width of 36″ for the full depth. A clear floor space in front should be provided of 30″ x 48″ running parallel to the counter. Both the counter and the clear floor space should always remain clear of items. What becomes tricky and is something that the fabricator may not even be aware of, is what portion of the counters need to meet this criteria and that depends upon how it is being used.

So what do you need?

• Provide one minimum accessible counter for each type of sales or service – orders, pick-up, returns, cash vs credit card payment, express, etc.
• If there are a number of sales and service counters 5% minimum are accessible.
• The accessible counters should be dispersed through-out the store.
• If cash registers are provided, the accessible counter portion should be near it.
• If a 19″ deep by 36″ wide minimum knee and toe clearance is provided below then a clear floor space for front approach can be provided instead of parallel approach.

Be aware that if all counters are 34″ maximum above the finished floor you do not need to lower a specific portion although you still will need to have a 36″ min clear width for the full depth and a clear floor space in front. Also, if the counter is less than 36″ wide such as at a restaurant reservation counter, then the full counter should fall within the height requirements. Check-out stands, food service line counters, and bars have different parameters than sales & service counters. There are exceptions to these rules depending upon whether the counters were existing before the ADA went into effect in 1992, but this is an items which is considered Readily Achievable Barrier Removal so some form of equivalent facilitation needs to be provided.

Be aware that your local City or County may have additional requirements that are more restrictive than the State or Federal requirements. Also, this article is an interpretation and opinion of the writer. It is meant as a summary – current original regulations should always be reviewed when making any decisions.

© 2012 Janis Kent, Architect, CASp

The question becomes – what is Readily Achievable? And the answer varies depending upon the facility in question but is mostly dependent upon financial considerations. And what is not Readily Achievable one year may very well be the next.

The Department of Justice has provided a general definition;

“easily accomplishable and able to be carried out without much difficulty or expense. In determining whether an action is readily achievable factors to be considered include -

1. The nature and cost of the action needed under this part;
2. The overall financial resources of the site or sites involved in the action; the number of persons employed at the site; the effect on expenses and resources; legitimate safety requirements that are necessary for safe operation, including crime prevention measures; or the impact otherwise of the action upon the operation of the site;
3. The geographic separateness, and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity;
4. If applicable, the overall financial resources of any parent corporation or entity; the overall size of the parent corporation or entity with respect to the number of its employees; the number, type, and location of its facilities; and
5. If applicable, the type of operation or operations of any parent corporation or entity, including the composition, structure, and functions of the workforce of the parent corporation or entity.”

The Department of Justice provides a list of examples of barriers they consider Readily Achievable to remove although they state this is not a definitive list and there might be other items as well.

Examples. Examples of steps to remove barriers include, but are not limited to, the following actions

1. Installing ramps;
2. Making curb cuts in sidewalks and entrances;
3. Repositioning shelves;
4. Rearranging tables, chairs, vending machines, display racks, and other furniture;
5. Repositioning telephones;
6. Adding raised markings on elevator control buttons;
7. Installing flashing alarm lights;
8. Widening doors;
9. Installing offset hinges to widen doorways;
10. Eliminating a turnstile or providing an alternative accessible path;
11. Installing accessible door hardware;
12. Installing grab bars in toilet stalls;
13. Rearranging toilet partitions to increase maneuvering space;
14. Insulating lavatory pipes under sinks to prevent burns;
15. Installing a raised toilet seat;
16. Installing a full-length bathroom mirror;
17. Repositioning the paper towel dispenser in a bathroom;
18. Creating designated accessible parking spaces;
19. Installing an accessible paper cup dispenser at an existing inaccessible water fountain;
20. Removing high pile, low density carpeting; or
21. Installing vehicle hand controls.

The Department of Justice also provide a descriptive hierarchy of which barriers should be removed first.

Priorities. A public accommodation is urged to take measures to comply with the barrier removal requirements of this section in accordance with the following order of priorities.

1. First, a public accommodation should take measures to provide access to a place of public accommodation from public sidewalks, parking, or public transportation. These measures include, for example, installing an entrance ramp, widening entrances, and providing accessible parking spaces.
2. Second, a public accommodation should take measures to provide access to those areas of a place of public accommodation where goods and services are made available to the public. These measures include, for example, adjusting the layout of display racks, rearranging tables, providing Brailled and raised character signage, widening doors, providing visual alarms, and installing ramps.
3. Third, a public accommodation should take measures to provide access to restroom facilities. These measures include, for example, removal of obstructing furniture or vending machines, widening of doors, installation of ramps, providing accessible signage, widening of toilet stalls, and installation of grab bars.
4. Fourth, a public accommodation should take any other measures necessary to provide access to the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation.

What you can not do, is ignore this requirement — it is an on-going obligation for older buildings. In addition, one needs to maintain post-ADA buildings so no new barriers are not created. And Barrier Removal also has impact on newer facilities, pre-March 15, 2012, for specific items that were not addressed in the original ADA but are now addressed in the 2010 ADAS.

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Be aware that your local City or County may have additional requirements that are more restrictive than the State or Federal requirements. Also, this article is an interpretation and opinion of the writer. It is meant as a summary – current original regulations should always be reviewed when making any decisions.

© Janis Kent, Architect, CASp 2012