Legal Rights of Persons With Disabilities - Ossh.com

General may file a civil action if he determines that a building department is engaged in such a pattern or
practice. Lastly, private parties may also enforce compliance with state access laws and regulations against
privately funded public accommodations. (Donald v. Café Royale, Inc., supra, 218 Cal.App.3d 168, 183
(held that an individual may initiate an action to enforce compliance with the standards set forth in Health
and Safety Code, section 19955, et seq.).
3. California Access Regulations
In addition to the general state access statutes discussed above, California regulations provide a
comprehensive set of requirements covering almost all important areas of accessibility for persons with
physical and sensory disabilities. California's regulations are found at Volume 1, Chapter 11, of the 1998
California Building Code and are designed to comply with the requirements of the ADA. A copy of the
relevant portion of the California Building Code may be acquired through the Division of the State
Architect or may be found in your local law library in the California Building Code. In addition, your city
or county building department should have a copy available, and helpful guides may also be purchased
from private publishers. Tax deductions are available for individuals who repair or remodel buildings or
vehicles in order to increase access for persons with disabilities, as long as they comply with state or federal
access standards. Deductions shall not exceed $15,000 for any taxable year and may also cover emergency
egress/safe area refuge systems in compliance with state or federal regulations. (Rev. and Tax Code, '
24383.)
These regulations, some of which are discussed below, set specific accessibility requirements
which apply to buildings and facilities covered by the access statutes. Exceptions may be granted from
some of the requirements, but only if compliance would pose an unreasonable hardship. Even when
unreasonable hardship is demonstrated, some form of "equivalent facilitation" must usually be provided to
make the facility usable by persons with disabilities.
In addition to the regulations, California has enacted specific statutes directed at providing access
to various types of facilities. For example, stadiums, public parks and gas stations are all addressed by
specific laws.
a. Restrooms, Drinking Fountains and Public Telephones Must Be
Accessible
Buildings open to the public must have signs posted which indicate the location of restroom
facilities accessible to persons with disabilities. Signs on restroom doors must be in the shape of a circle
for women's restrooms, a triangle for men's restrooms, and a triangle interposed upon a circle for unisex
restrooms. (1998 California Building Code, hereafter ACBC,@ ' 115B.5; see also 1998 California Plumbing
Code, section 1501 et seq. for additional accessibility requirements involving water closets, urinals,
lavatories, showers, bathtubs, drinking fountains and sinks.)
Toilet facilities must have sufficiently wide doorways and must have grab bars. Restroom
components, such as waste paper baskets and sinks, must be accessible. Where bathing facilities are
provided for the public, clients, or employees, at least one such facility (and not less than one percent of all
facilities) must be accessible. A certain number of lockers must also be accessible. (CBC
'' 1115B.4, 1115B.4.1, 1115B.8, 1115B.9 and 1115B.6.)
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