California Code of Regulations › Title 21 - Public Works › Division 1 - Department of General Services › Chapter 1 - Division of the State Architect › Subchapter 2 - Access to Public Buildings by Physically Handicapped Persons › Article 1 - Compliance Procedures › Section 85 - Written Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Approval Obtained. Upon completion of review, the Office of the State Architect
					 will return to the awarding authority a written approval, if the documents
					 comply with the requirements. This approval of the application constitutes the
					 "written approval" required by Section
					 4454 of
					 the Government Code. No changes or revisions shall be made following written
					 approval which affect handicapped compliance items unless such changes or
					 revisions are submitted to the Access Compliance Section of the Office of the
					 State Architect for approval.
(b)
					 Approval Denied. If the documents fail to meet the requirements of these
					 regulations, the Office of the State Architect will return to the awarding
					 authority the plans with corrections noted thereon together with instructions
					 for resubmittal of the plans and specifications. The corrected plans are the
					 property of the Office of the State Architect and shall be returned within six
					 months or the application will be void. No valid construction contract may be
					 awarded before written approval is obtained.
(c) Unauthorized Deviations. In the event
					 that there is an unauthorized deviation from the requirements of these
					 regulations with respect to the standards specified, the same shall be
					 rectified by full compliance therewith within ninety (90) days after discovery
					 of such deviation.
(d)
					 Notification. Where the State Architect is the enforcement authority and any
					 project is proposed to be approved and such approval action would deny
					 accessibility either required by Sections
					 4450 and
					 4458, inclusive, of the Government
					 Code to handicapped persons, or by reason of an equivalent facilitation
					 exception granted pursuant to Section
					 4451 of
					 the Government Code, the State Architect shall notify affected handicapped
					 persons or organizations and others who have made written requests to be
					 informed as to such proposals under consideration.
1.
						Amendment filed 11-24-78; designated effective 1-1-79 (Register 78, No.
						47).
2. New subsection (d) filed 3-6-81 as an emergency; effective
						upon filing (Register 81, No. 10). A Certificate of Compliance must be
						transmitted to OAL within 120 days or emergency language will be repealed on
						7-4-81.
3. Order of Repeal of 3-6-81 emergency order filed 3-13-81
						by OAL pursuant to Government Code Section
						11349.6
						(Register 81, No. 11).
4. New subsection (d) filed 7-28-82;
						effective thirtieth day (Register 82, No. 31).
5. Amendment of
						subsection (a) filed 7-17-85; effective thirtieth day thereafter (Register 85,
						No. 29).
Note: Authority cited: Sections
						  4450 and
						  4453,
						  Government Code. Reference: Sections
						  4451 (as interpreted by the
						  California Superior Court, City and County of San Francisco, in California
						  Association of the Physically Handicapped vs. Trustees of the California State
						  University and Colleges, No. 692231, judgment entered 9-16-80) and 4454,
						  Government Code.