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December 15, 2014 Bowers Museum, SSA Project #14048 <br />SALLY SWANSON <br />ARCH:rccxs 'W" <br />Given the above facility characteristics, and in accordance with the 1991 and the 2010 ADA <br />Standards, readily achievable barriers limiting or preventing use by the disabled are required to be <br />removed to the maximum extent possible that they are readily achievable and not structurally <br />impracticable or technically infeasible. It is noted that although the existing property conditions and /or <br />proposed improvements may be accepted by a local Authority Having Jurisdiction, any determination <br />of 'structurally impracticable,' 'technically infeasible,' 'equivalent facilitation,' 'unreasonable <br />hardship' relating to disproportionate cost, or similar that is present or proposed may not provide the <br />level of protection as full compliance with ADA Standards and CBC. The Building Official for the AHJ <br />has authority for making certain determinations as they relate to the California Building Standards <br />Code while the DO-1, or other AHJ, may have the authority for making determinations and decisions as <br />they relate to the ADA Standards. That said, an advisory has been published by the DOJ in the 2010 <br />ADA Standards for Accessible Design regarding equivalent facilitation indicating that: <br />"The responsibility for demonstrating equivalent facilitation in the event of a challenge rests with the <br />covered entity. With the exception of transit facilities, which are covered by regulations issued by the <br />Department of Transportation, there is no process for certifying that an alternative design provides <br />equivalent facilitation. " <br />Therefore, when an apparent item involving equivalent facilitation is found under this review, that item <br />is strictly excluded from any implicit or explicit CASp certification. <br />December 15, 2014 SSA Project 1114048 Page 14 of 28 <br />