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December 15, 2014 Bowers Museum, SSA Project #14048 YAW SALLY SWANSON 'W"11*14- INC ICC /ANSI A 117.1 -2003: 104.2 Dimensions. Dimensions that are not stated as "maximum" or "minimum" are absolute. All dimensions are subject to conventional industry tolerances. CCR. TITLE 24, PART 2: 11 B- 104.1.1 Construction and Manufacturing Tolerances. All dimensions are subject to conventional building industry tolerances except where the requirement is stated as a range with specific minimum and maximum end points. In light of the immediately above definition provided in the California Building Code (CCR, Title 24, Part 2), the Division of the State Architect has issued an Interpretation of Regulations Document (DSA /AC) IR 1 1 B -8 "Use of Predetermined Construction Tolerance Guidelines for Accessibility" (revised 1/1 /2011), where a strong caveat is presented against use of pre- determined construction tolerances. In the IR, the State Attorney General has stated: "We are concerned that the local building officials and the members of the general public, when they consult Construction Tolerance Guidelines,... may assume that they have been adopted by a state agency and therefore, have the force of state law, which they do not. Such reliance, in our view, may result in violations of the California Building Code and, possibly, litigation against the local building officials and /or property owners. Added to IR 11 B -8 is the following quotation from a United States District Court: "What is an acceptable `dimensional tolerance' will vary, depending in part to the purpose for the standard and the technological capacity to closely adhere to the target dimensions. Similar to dimensioning, the Building Official, the Division of the State Architect, the Department of Justice (DO-1), or other Authority Having Jurisdiction are charged with the respective issues such as; considerations and determinations relating to equivalent facilitation, readily achievable, disproportionate cost, unreasonable hardship, structural impracticability, technically infeasible, and the like. The observations and findings contained herein are limited in scope. Approvals, permits, and inspections may likely be required by the Authority Having Jurisdiction (AHJ) for any correction required to achieve compliance. This report does not intend to address the code compliant status of non - accessibility items either implicitly or explicitly. Always check with the AHJ for local codes and regulations that also may apply. Appropriate legal counsel should be retained concerning any responsibilities, exposure to liability or other risks that the property owner could encounter. December 15, 2014 55A Project #14048 Page 5 of 28