CBC Section 11B-202.4 exception 8 establishes the requirements for when the cost of compliance creates an unreasonable hardship which is defined as;
- When the adjusted construction cost (all costs directly related to a project's construction, such as labor, material, equipment, services, utilities, contractor profit, and overhead) as, defined in the 2025 CBC, is less than or equal to $209,208.00; or
- When the cost of full compliance exceeds $209,208.00 the cost of compliance is determined to be an unreasonable hardship.
Requirements for when an unreasonable hardship is created:
- When the adjusted construction cost as, defined in the 2025 CBC, is less than or equal to $209,208.00 then the cost of compliance with CBC Section 11B-202.4 shall be limited to 20 percent of the adjusted construction cost.
- When the cost of full compliance exceeds $209,208.00 the cost of compliance is determined to be an unreasonable hardship. Compliance shall be provided by equivalent facilitation or to the greatest extent possible without creating an unreasonable hardship; but in no case shall the cost of compliance be less than 20 percent of the adjusted construction cost.
In all cases, when an unreasonable hardship is created, access shall be provided to the extent that it can be without incurring a disproportionate cost California Building Code 11B-202.4. In choosing which accessible elements to provide, priority should be given to those elements that will provide the greatest access in the following order:
- An accessible entrance
- An accessible route to the altered area
- At least one accessible restroom for each sex
- Accessible drinking fountain
- Accessible telephone When possible, additional accessible elements such as parking, storage, and alarms
A Disabled Access Unreasonable Hardship Application Form(PDF, 170KB) must be completed and submitted with all other construction documents at the time a project is being submitted for a Building permit.
Important Cost Considerations:
- For the purposes of this exception, the adjusted cost of alterations, structural repair or additions shall not include the cost of alteration to path of travel elements required to comply with Section 11B-202.4.
- If an area has been altered without providing an accessible path of travel to that area, and subsequent alteration of that area or a different area on the same path of travel are undertaken within three years of the original alteration, the total cost of alterations to the areas on that path of travel during the preceding three-year time period shall be considered in determining whether the cost of making that path of travel is disproportionate.