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Information for Property Owners Facing Claims for Alleged Violation of a Construction-related Accessibility Standard - Use of 2013 Accessibility Provisions as Alternative Method of Compliance

Senate Bill 1186 enacted special “transitional” provisions for property owners to protect them from unwarranted liability where their property complies with the new 2013 building code, but they are sued before the code goes into effect next year. The text of the statute provides:

Ҥ 18944.15 Compliance with building standards for disability access in 2013 California Building Standards Code an alternative method of compliance; Limitation

(a) Upon the publication date of the 2013 California Building Standards Code as adopted by the commission as part of the 2012 triennial code adoption cycle, for the purpose of any claim brought under Section 51, 54, 54.1, or 55 of the Civil Code based in whole, or in part, on an alleged violation of a construction-related accessibility standard, compliance with the building standards for disabled accessibility as provided in Chapter 11B of Part 2 of Title 24 of the 2013 California Building Standards Code shall be authorized as an alternative method of compliance.

(b) Subdivision (a) shall become inoperative when the provisions of the 2013 California Building Standards Code become effective pursuant to Section 18938.

(c) This section shall become operative on January 1, 2013.

(d) This section shall remain in effect only until January 1, 2015, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2015, deletes or extends that date.”

The California Building Standards Commission will make electronic versions of the 2013 codes viewable online after the July 1, 2013 publication date at the following hyperlink: http://www.bsc.ca.gov/codes.aspx.

The California Commission on Disability Access also provides information and educational materials. The Commission’s website is available at www.ccda.ca.gov/.