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AVELAR Shares Historical California Building and Accessibility Records: A Glimpse Into the 1970s to 1990s Era -“1981 Attorney General Opinion” download available

Building Codes   |   11. 18. 2024

At AVELAR, we are proud to continue sharing our extensive library of historical California building and accessibility standards from the 1970s to the 1990s. These valuable records are now available to all building and accessibility professionals interested in exploring the evolution of state regulations and standards. Many of the documents we are releasing are cited in a paper by our senior partner, Lonnie Haughton, titled “History and Backstories of California’s 1985 State Building Code“.

The Federal Housing Administration’s Minimum Property Standards

Before the mid-1980s, the U.S. Department of Housing and Urban Development (HUD), through the Federal Housing Administration (FHA), maintained separate “Minimum Property Standards” for residential buildings financed by FHA-insured mortgages. According to HUD, these standards were designed to “provide a sound technical basis for FHA mortgage insurance by ensuring homes are well-planned, safe, and structurally sound.” The FHA also hoped that these guidelines would foster innovation, leading to the development of new materials and techniques that would ultimately improve housing affordability and quality for American families.

A Pivotal Moment in California’s Accessibility History

In 1981, amid intense political debates surrounding disability access regulations, California’s State Architect, Barry L. Wasserman, posed a crucial legal question to the California Attorney General. The issue centered on whether the term “remodeling” could be interpreted to include the requirement for a path of travel and access to key facilities under California’s accessibility laws.

On September 24, 1981, Assistant Attorney General Richard D. Martland provided a formal response. His 19-page legal opinion affirmed that the term “remodeling” could indeed be defined to include provisions for accessibility, including a path of travel and access to essential building functions. This ruling, cited as Opinion No. 3375, marked a pivotal moment in the evolution of California’s accessibility regulations, bringing about a transformative shift in the interpretation and enforcement of the state’s accessibility laws.

Making the Past Accessible for the Future

As part of our ongoing commitment to preserving and sharing this important history, AVELAR is now releasing the Attorney General’s detailed 19-page response to the State Architect. This document serves as a key historical resource for Certified Access Specialists (CASps) and other accessibility professionals, shedding light on the legal foundations that shaped today’s accessibility standards in California.

We invite you to explore these records and dive deeper into the history that has shaped our industry. By sharing these materials, we hope to continue fostering a greater understanding of the historical context behind the building and accessibility standards we follow today.

Stay tuned for more updates as we release additional documents from our archive.

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