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LAX APM ADA Coordinator Files (LINXS)

California Building Code Excerpt

Section 11B-108 Maintenance of Accessible Features

Code excerpt regarding maintenance of accessible features.

11B-108 Maintenance of accessible features. A public accommodation shall maintain in operable working condition those features of facilities and equipment that are required to be accessible to and useable by persons with disabilities. Isolated or temporary interruptions in service or accessibility due to maintenance or repairs shall be permitted.

Advisory 11B-108 Maintenance of accessible features. Features for accessibility must be permanently functional, unobstructed and may not be removed. It is not sufficient to provide features such as accessible routes, parking, elevators, ramps or signage if those features are not maintained in a manner that enables individuals with disabilities to use them. Inoperable elevators, locked accessible doors, or “accessible” routes that are obstructed by furniture, filing cabinets or potted plants are not accessible to nor usable by persons with disabilities.

This section requires a public accommodation to maintain accessible features. ADA regulations (28 CFR Parts 35 and 36) require maintenance of accessible features for all facilities, inlcuding commercial facilities and state or local government facilities. For public entities, inlcuding contractors for local government agencies:

§35.133 Maintenance of accessible features
(a) A public entity shall maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities by the Act or this part.
(b) This section does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs.
(c) If the 2010 Standards reduce the technical requirements or the number of required accessible elements below the number required by the 1991 Standards, the technical requirements or the number of accessible elements in a facility subject to this part may be reduced in accordance with the requirements of the 2010 Standards.

And for public accommodations:

§36.211 Maintenance of accessible features.
(a) A public accommodation shall maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities by the Act or this part.
(b) This section does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs.
(c) If the 2010 Standards reduce the technical requirements or the number of required accessible elements below the number required by the 1991 Standards, the technical requirements or the number of accessible elements in a facility subject to this part may be reduced in accordance with the requirements of the 2010 Standards.

A current code-change proposal will revise this section of the CBC in accordance with the maintenance requirement being universally applicable to all facilities subject to ADA compliance.