Understanding the Differences: 2022 CBC Chapter 11B vs. 2010 ADA Standards

The California Building Code (CBC) Chapter 11B and the Americans with Disabilities Act Standards (ADAS) both govern accessibility requirements, but they contain important differences that design professionals and property owners must understand. There are key distinctions between the 2022 CBC Chapter 11B and the 2010 ADA Standards, focusing on their scoping requirements (Chapter 2) and technical specifications (Chapters 3-10).

Introduction to Accessibility Standards

Before diving into the specific differences, it's important to understand what these standards represent and how they apply to buildings and facilities.

The 2010 ADA Standards are federal regulations that apply nationwide across the United States. As described in the standards themselves, they "set minimum requirements – both scoping and technical – for newly designed and constructed or altered State and local government facilities, public accommodations, and commercial facilities to be readily accessible to and usable by individuals with disabilities". These standards were published by the Department of Justice on September 15, 2010, and serve as the baseline accessibility requirements throughout the country.

In contrast, the 2022 California Building Code Chapter 11B is a state-specific code that applies exclusively to buildings and facilities within California. Chapter 11B specifically addresses "Accessibility to Public Buildings, Public Accommodations, Commercial Buildings and Public Housing". This code became effective on January 1, 2023, and typically includes more stringent requirements than the federal standards.

Understanding Scoping vs. Technical Requirements

To properly compare these standards, we must first understand the distinction between scoping and technical requirements:

Scoping Requirements (Chapter 2)

Scoping requirements answer the fundamental questions of "When?", "Where?" and "How many?" when it comes to accessibility features. For example, scoping would tell you how many accessible parking spaces are required in a parking lot based on the total number of spaces provided. Essentially, scoping requirements determine which elements and spaces must be accessible.

As the 2010 ADA Standards explain: "Requirements in Chapter 2 indicate which elements and spaces must be accessible on a site or in a facility (the scope of coverage). These 'scoping' requirements apply technical provisions in Chapters 3 – 10 to those covered elements and spaces provided on a site".

Technical Requirements (Chapters 3-10)

Technical requirements, on the other hand, answer the question of "How?" They provide the specific dimensions, clearances, and other specifications needed to properly construct accessible elements. For instance, technical requirements would specify the exact dimensions required for an accessible parking space.

Key Differences in Scoping Requirements (Chapter 2)

1. Jurisdiction and Application

2010 ADA Standards: Apply nationally to "newly designed and constructed or altered State and local government facilities, public accommodations, and commercial facilities".

2022 CBC Chapter 11B: Contains California-specific scoping requirements that apply to:

"1) publicly funded buildings, structures, sidewalks, curbs and related facilities; 2) privately funded public accommodations and commercial facilities; and 3) public housing and private housing available for public use".

The CBC explicitly includes public housing in its scope, which represents a broader application than the federal standards.

2. Religious Facilities

2010 ADA Standards: Does not specifically call out religious facilities in the same manner as the CBC.

2022 CBC Chapter 11B: Specifically includes religious facilities within its scope. "In the CBC it adds 'Religious Facilities.' 'Religious facilities shall be accessible in accordance with the provisions in the code.'" (CBC: 11B-244.1).

3. Safe Harbor Provisions

2010 ADA Standards: Include a "Safe Harbor" provision for existing facilities under ADA Titles II and III regulations, which provides protection for elements that comply with the 1991 Standards.

2022 CBC Chapter 11B: Does not use the term "Safe Harbor," but contains a limited version of the same principle at Section 11B-202.4, Exception 2. This means that the CBC may require more upgrades to existing facilities during alterations than the ADA would.

4. Path of Travel Requirements for Alterations

2010 ADA Standards: Apply path of travel requirements when an alteration affects or could affect the usability of or access to an area containing a primary function. "Each addition that affects or could affect the usability of or access to an area containing a primary function shall comply with 202.4".

2022 CBC Chapter 11B: Has more comprehensive requirements. "CBC Chapter 11B does not apply the same qualification as ADA for imposing the responsibility to make the path of travel to an addition or alteration accessible". This means that path of travel improvements might be required in more situations under the CBC than under the ADA.

Key Differences in Technical Requirements (Chapters 3-10)

1. Assistive Listening Systems

2010 ADA Standards: Uses a graduated scale for the number of required receivers that decreases as seating capacity increases.

2022 CBC Chapter 11B: "Unlike the ADA with the graduated scale of the number of receivers that decline as your seating capacity go upward. The CBC has held onto the 4% Requirement of the total Seating Capacity of the venue, along with the 25% neck loop requirement in Section 11B-706.3" (CBC 11B-219.3).

This means that for larger venues, the CBC will typically require more assistive listening receivers than the ADA.

2. Operable Parts on Doors

2010 ADA Standards: Aligns more with the International Building Code (IBC), which allows operable parts up to 48 inches above the finish floor.

2022 CBC Chapter 11B: Section 11B-404.2.7 states that "Handles, pulls, latches, locks, and other operable parts on the doors and gates shall comply with Section 11B-309.4. Operable parts of such hardware shall be 34 inches (864 mm) minimum and 44 inches (1118 mm) maximum above the finish floor or ground".

The 4-inch difference (44" vs. 48") represents a more stringent requirement in the CBC that could affect hardware selection and placement.

3. Permanently Installed Assistive Listening Systems

2010 ADA Standards: Has different requirements for when permanently installed systems are required.

2022 CBC Chapter 11B: "Permanently installed assistive listening systems are required in areas if: (1) They accommodate at least 50 people or, if they use audio-amplification systems, and (2) They have fixed seating" (CBC 11B-219.5).

4. Signage Requirements

2010 ADA Standards: Has signage requirements but may differ in specific details.

2022 CBC Chapter 11B: Has specific requirements for assistive listening system signage: "Each assembly area is required by Section 11-B219 to provide assistive listening systems, shall provide signs informing patrons of the availability of the assistive listening system. These ALS signs shall comply with the 703.5 and shall include the International Symbol of Access for Hearing loss complying with CBC 11B-703.2.4".

Other Important Considerations

Advisory Notes and Enforcement

Both standards include advisory notes that explain or illustrate requirements but do not establish enforceable requirements by themselves. However, the way these advisory notes are interpreted and enforced may differ between federal ADA enforcement and California state enforcement.

Updates and Amendments

The 2022 CBC Chapter 11B represents the most recent update to California's accessibility requirements, effective January 1, 2023. When working in California, design professionals must stay current with these updates, which may include "new and amended regulations" that affect accessibility in construction.

Summary of Key Differences

For design professionals, contractors, and property owners in California, understanding the differences between these standards is crucial:

1.      Scope: The CBC has broader application, explicitly including religious facilities and public housing.

2.     More Stringent Requirements: The CBC generally has more stringent technical requirements, including:

o   Lower maximum height for operable parts on doors (44" vs. 48")

o   Higher percentage requirements for assistive listening systems (fixed 4% vs. graduated scale)

o   More comprehensive path of travel requirements for alterations

3.     Compliance Hierarchy: In California, projects must comply with both the CBC and ADA standards, with the more stringent requirement generally taking precedence.

Understanding these differences is essential for ensuring compliance with both federal and state accessibility requirements.

While the ADA establishes the national baseline for accessibility, California's CBC Chapter 11B builds upon those requirements with additional and sometimes more stringent specifications tailored to California's approach to accessibility.

Design professionals working in California should always consult the most current versions of both standards and consider engaging a Certified Access Specialist (CASp) to ensure full compliance with all applicable requirements. Remember that these comparisons are not exhaustive, and there may be additional differences not covered.

DISCLAIMER: The information provided in this post is for informational purposes only and does not constitute legal advice. Please consult a qualified attorney for advice tailored to your situation.