California Department of Housing and Community Development ... · HCD •Promulgate and adopt...

California Department of Housing and

Community Development and the

Local Building Departments:

Housing in California

Stoyan Bumbalov

State Housing Law Program

Codes and Standards

State Housing LawFactory-Built

HousingManufactured

Housing

Mobilehome Parks and

Special Occupancy Parks

Occupational Licensing

Mobilehome Assistance Center

Employee Housing

Registration and Titling

What programs impact your

local jurisdiction?

State Housing Law

• Health and Safety Code (HSC)

• Titles 24 & 25, California Code of Regulations (CCR)

• Accessibility

Factory-Built Housing

Employee Housing

Manufactured Housing

Mobilehome Parks and

Special Occupancy

Issues you may encounter

in your jurisdiction• Accessibility – What is that?

• Tiny Houses – What are they?

• Shipping Containers

• Factory-Built Housing – Are these modulars?

• Manufactured Housing

• Commercial Modulars (CMs) / Special Purpose CMs

• Accessory Dwelling Units (ADUs)

• Junior Accessory Dwelling Units (JADUs)4

Topics

• Rulemaking

• Authority

• Important provisions in HSC

• Substandard buildings

• Accessibility

• Efficiency dwelling units

• Accessory dwelling units (ADUs)

• Junior accessory dwelling units (JADUs)

• Emergency housing

State Housing Law

Topics

• Insignia

• Plan review and approval

• In-factory inspections

• Site completed work

• Tiny houses and shipping containers

State Housing Law (SHL)

SHL Program

• To carry out the State Housing Law by adopting building standards and administrative regulations that assure safe and durable housing while safeguarding affordability.

Mission Statement

• HCD is authorized by California Health and Safety Code to propose the adoption, amendment and repeal of building standards, and adopt, amend and repeal other regulations for the protection of public health, safety, and general welfare of occupants of residential buildings. (HSC 17921)

Authority

SHL Program

• Ensures availability of affordable housing; uniformity

in building standards; uniform statewide enforcement.

• Title 24 CCR: Proposes/adopts regulations for new

and existing residential buildings.

• Title 25 CCR: Requirements related to maintenance,

use, occupancy, repair, alteration, moving, and

demolition of existing residential buildings.

• Training and education for code users and local

enforcement agencies.

Application and Scope

• Hotels, motels

• Lodging houses

• Apartments

• Condominiums

• Dwellings, dormitories

• Homeless shelters

• Monasteries, convents

• Employee housing

• Factory-built housing

• Housing accessibility10

SHL Rulemaking

Title 24 Code Adoption Process

Title 25 Code Adoption Process

• Triennial Code Adoption Cycle

• Intervening Code Adoption Cycle

• Emergency Code Adoption

• California Building Standards Commission (BSC) administered process

• As required (by statute) or as needed.• Office of Administrative Law oversees compliance of the

Administrative Procedure Act.

Title 24 Rulemaking

SHL staff reviews:

• Existing California codes

• New model codes (3-year cycle)

• Significant changes to model codes

• Legislation

• Other state agency rulemakings

• Petitions

• Stakeholder comments12

Title 24 Rulemaking• Pre-rulemaking activities

o Research and discussions with stakeholders

o Focus group meetings

• Initial submittal (proposed changes) to BSC

o Code Advisory Committee meetings

• 45-day and 15-day public comment periods

• Final submittal – Final Express Terms

• Final submittal – Final Statement of Reasons

o SHL response to public comments

• BSC approval of proposed building standards 13

Rulemaking Tips

• Current versions of model codes or standards.

o Check for errata and important modifications.

• Active legislation or initiatives that may impact

regulations.

o Early analysis can avoid problems!

• Directives from the Administration

• Rulemaking activities of other state agencies.

• Contact appropriate stakeholders for comments.14

Rulemaking Tips

• Early exchange of ideas with stakeholders.

• Use focus group meetings and public hearings to

receive feedback.

• Adequate notice of activities and availability of

proposed regulatory changes.

• Resolve problems prior to submitting to the BSC.

• Use sound rationale that clearly explains why.

• All proposals comply with “nine-point criteria”.

• Be prepared to make reasonable changes.15

Rulemaking Documents

Express Terms (ET)

• Shows proposed changes.

• Uses strikeout for proposed repeal/delete.

• Uses underscore for proposed additions/revisions.

Initial Statement of Reasons (ISOR)

• Shows rationale (reason) for proposed modifications to existing code language.

Final Statement of Reasons (FSOR)

• SHL response to public comments.16

Rulemaking Documents

Examples

• 4.106.4.2 New multifamily dwellings. Where 17 or more multifamily dwelling units are constructed on a building site, 3Ten (10) percent of the total number of parking spaces on a building site, provided for all types of parking facilities, but in no case less than one, shall be electric vehicle charging spaces (EV spaces) capable of supporting future EVSE. Calculations for the required number of EV spaces shall be rounded up to the nearest whole number.

Express Terms (ET)

• HCD proposes to continue adoption of the above referenced section with new amendments. HCD proposes to repeal the threshold, and to increase the percentage for the required EV capable parking spaces…

Initial Statement of Reasons (ISOR)

Timeline

Authority to Promulgate

and Adopt RegulationsHCD

• Promulgate and adopt building standards and

regulations for minimum health and safety.

• Building standards and regulations adopted by HCD

apply in all parts of the state.

• Appendices adopted by HCD apply in all parts of the

state.

o Exception: Appendix N (CBC) and Appendix X (CRC).

• Alternate materials and methods of construction.19

Authority to Promulgate

and Adopt RegulationsLocal Enforcing Agency (LEA)

• Modifications to provisions adopted by HCD if

reasonably necessary due to local climatic,

geological or topographical conditions.

• Local modifications require express findings to be

filed with the BSC for cities and counties, and with

HCD for fire protection districts.

• Adopt appendices applicable on local level.

• Alternate materials and methods of construction.

• Adopt administrative procedures. 20

Authority to Enforce

• State Housing Law

o Not typical for HCD to enforce

• Factory-Built Housing – third parties

• Mobilehome Parks

• Special Occupancy Parks

• Manufactured Housing

• Employee Housing 21

• Enforce California Building Standards Code (CBSC).

• Enforce all provisions of law, and other rules and

regulations promulgated by HCD – HSC and Title 25.

• Issue building permits.

• Conduct plan check and inspections.

• Prescribe fees.

• Enter and inspect properties to secure compliance

with HCD rules and regulations.

• Establish a process to hear and decide appeals.22

Lack of Enforcement

Important SHL Provisions in HSC

• §17921: Authorizes HCD to propose adoption,

amendment or repeal of building standards.

• §17923: Allows HCD to approve alternate

materials and methods of construction.

• §17926: Carbon monoxide device requirement.

• §17928: Green building standards.

• §17950: Applies in all parts of the state.

• §17951: Allows building departments to approve

alternate materials and methods of construction.

• §17952: Authorizes HCD to enforce in the event of

non-enforcement.

• §17953: Ordinance requiring soil reports.

• §17958: Allows LEA to adopt local amendments with

findings, based on local climatic, geological, or

topographical conditions.

• §17958.2: Limited-density owner-built rural dwellings.

• §17958.7: Local amendments filed with the BSC.

• §17958.8: Allows the replacement, retention or

extension of original materials and methods of

construction to existing buildings.

• §17960: Requires LEA to enforce provisions of SHL,

CBSC, and other rules and regulations promulgated

by HCD.

• §17960.1: Allows contract with private entity or use of

temporary personnel for plan checking. 27

HSC §17920.3

Substandard Buildings

• Inadequate sanitation.

• Structural hazards.

• Any nuisance.

• Wiring, plumbing and mechanical equipment not conforming with all applicable laws in effect at the time of installation.

• Faulty weather protection.

HSC §17920.3

• Unsafe building due to inadequate maintenance.

• Buildings or portions thereof not provided with

adequate exit facilities.

• Buildings or portions thereof occupied for living,

sleeping, cooking, or dining purposes that were

not designed or intended to be used for those

occupancies.

• Inadequate structural resistance to horizontal

forces.

Efficiency Dwelling Units

HSC §17958.1

• Allows LEAs to permit efficiency dwelling units

for occupancy by no more than 2 persons.

• Minimum floor area of 150 sq. ft.

• May have partial kitchen or bathroom facilities.

2016 CBC Section 1208.4

• Living room with at least 220 sq. ft. floor area.

• Additional 100 sq. ft. for each occupant in excess

• Separate closet.

• Kitchen sink, cooking appliance, and refrigeration

facilities: 30-inch clear working space in front.

• Light and ventilation.

• Separate bathroom with a lavatory, water closet,

and bathtub or shower.

2016 California Residential Code (CRC) Section R304.5

Section R304.5 repealed – no requirements after

July 1, 2018:

• Requirements for efficiency dwelling units were initially

introduced to apply to apartments and condominiums,

not to stand-alone units or ADUs.

• These requirements allowed for a smaller dwelling unit

than model code allowed.

• 2016 CRC allows a dwelling unit as small as

approximately 100 sq. ft.; there is no longer a need for

a CA amendment that requires a 220 sq. ft. room.

Tiny Houses

• Tiny house on a permanent foundation shall be

built in compliance with the CBSC.

• Tiny house on a trailer (vehicle) is not a dwelling

unit; CBSC does not apply.

Tiny Houses

Tiny house on a pickup truck is

not considered a dwelling unit;

CBSC does not apply.

Tiny house on a bicycle is

not a dwelling unit either.

Tiny Houses

• Advocates have proposed smaller dwellings to

reduce environmental impact and provide for lower

living costs.

• Site-constructed tiny houses that do not fit the

definition of an MH, FBH, RV, park trailer (PT) or

CM must comply with the CBSC.

• Dwelling units built to CRC can be as small as

100 sq. ft.

• Cities and counties may choose to enforce RV

design and construction standards

(HSC 18027.3(a)(3)). 36

Tiny Houses

Appendix Q (Tiny Houses) in 2018

International Residential Code (IRC)/2019 CRC;

available for adoption by LEA.

• Dwelling units less than 400 sq. ft., excluding lifts.

• Tiny houses shall comply with the CRC, except as

otherwise stated in Appendix Q.

• Measures for reduced ceiling height in lofts,

guards, compact stairs (including handrails and

headroom), ladders, emergency escape, and

rescue openings.37

Tiny Homes

Information Bulletin 2016-01

• Intended to be used to determine whether a tiny

home is subject to the CBSC.

• May be required to comply with the RV, PT, MH,

FBH or CM design and construction standards.

• If built after July 14, 2005 – comply with NFPA 1192.

• Helps determine whether it is a nonconforming

structure in which occupancy is illegal and subject

to prosecution.

• http://www.hcd.ca.gov/docs/IB2016-01.pdf38

Shipping Containers

• HCD has not adopted or developed standards or

procedures for use of shipping containers as housing.

• Shipping containers proposed to be used as an

element of site-built housing shall be handled by the

city or county no differently than any other unknown

material or method (listing and testing approval,

alternate approval, etc.).

• Are shipping containers FBH?

o Maybe, if manufactured or altered in a factory, and

manufacturer follows third-party review and

approval procedures.40

More Shipping Containers

Accessory Dwelling Units

(ADUs)

ADUs• “Accessory dwelling unit” means an attached or a

detached residential dwelling unit which provides

complete independent living facilities for one or more

persons. It shall include permanent provisions for

living, sleeping, eating, cooking, and sanitation on the

same parcel as the single-family dwelling is situated.

An accessory dwelling unit also includes the

following:

• (A) An efficiency unit, as defined in Section 17958.1

of the Health and Safety Code.

• (B) A manufactured home, as defined in Section

18007 of the Health and Safety Code. 43

ADUsSB 1069; AB 2299; AB 2406; SB 229; AB 494

• Amendments to ADU law – Government Code (GC)

§§65582.1, 65583.1, 65589.4, 65852.150, 65852.2,

65852.22, and 66412.2.

• Effective January 1, 2017.

• Recognizes the importance of ADUs in addressing

California’s severe housing crisis.

• Reduces development barriers and expand potential

capacity to build ADUs.

• Provides maximum technical requirements for

construction. 44

ADUs• GC §65852.2 authorizes the LEA to enact an

ordinance for the creation of ADUs in SF or

multifamily residential zones.

• LEA to impose standards on ADUs that include

parking, height, setback, lot coverage, landscape,

architectural review, maximum size of a unit, etc.

• ADUs for proposed or existing SF dwellings.

• 3 types of ADUs: attached, located within the living

area of the primary dwelling, and detached.

• Local building code requirements that apply to

detached dwellings, as appropriate. 45

ADUs• Modifications to ADU law effective January 1, 2018.

• LEA can designate areas where ADU may be permitted.

• LEA may reduce/eliminate parking requirements.

• ADU cannot exceed the allowable density for the lot.

• ADUs are consistent with existing general plan and

zoning designation.

• LEA may require new or separate utility connection.

The connection may be subject to connection fee or

capacity charge based upon the ADU size or number of

plumbing fixtures.

• Reasonable cost.46

• Total area of floor space of attached ADU: 50 percent

of primary dwelling living area or 1,200 sq. ft. maximum.

• Total area of floor space of detached ADU: 1,200 sq. ft.

LEA may establish minimum and maximum unit size

requirements for attached and detached ADUs.

• No setback for an existing garage converted to ADU or

to a portion of an ADU.

• Setback of no more than 5 ft. from the side and rear lot

lines for ADUs above a garage.

• No fire sprinklers required for ADUs if fire sprinklers are

not required for the primary residence.47

• ADU contained within existing space of a SF residence

or accessory structure, such as a studio, pool house, or

other similar structure:

o Independent exterior access from the existing

residence.

o Side and rear setbacks sufficient for fire safety.

• Prohibits LEA from requiring new or separate utility

connections, or imposing connection fees.

• LEA to submit a copy of the adopted ordinance to HCD

within 60 days after adoption; HCD’s Housing and

Policy Development Division may review and

comment. 48

Junior Accessory

Dwelling Units (JADUs)

• GC §65852.22 authorizes LEA to enact an ordinance

for the creation of JADUs in SF residential zones.

• 1 JADU per residential lot with a SF residence

already built on the lot.

• No more than 500 sq. ft. in size and contained

entirely within an existing SF structure; inclusion of

1 existing bedroom.

• Separate entrance from the main entrance to the

structure, with an interior entry to the main living

area. 49

• May include separate sanitation facilities, or may

share sanitation facilities with the existing structure.

• Efficiency kitchen is required:

o Sink with a maximum waste line diameter of

1-1/2 inches.

o Cooking facility with appliances that do not

require electrical service greater than 120V, or

natural or propane gas.

o Food preparation counter and storage cabinets

that are of reasonable size in relation to the size

of the JADU.50

• JADU ordinance shall not require additional parking

as a condition to grant a permit.

• Inspection to determine whether the JADU is in

compliance with applicable building standards.

• JADU not to be considered a separate or new

dwelling unit.

• LEA may adopt an ordinance relating to fire and life

protection within a SF residence that contains a

JADU as long as the ordinance applies uniformly to

all SF residences within the zone.51

Ultra-Junior

Accessory Dwelling Units

Emergency HousingGC Chapter 7.8 Shelter Crisis

• §§8698, 8698.1, 8698.2, 8698.3, and 8698.4

• POLITICAL SUBDIVISION – State, city, county,

special district, school district, and public agency.

• Allows the suspension of provisions of any

state/local statute, regulation, or ordinance

prescribing standards of housing, health, or safety.

• Allows political subdivisions, upon a declaration of

shelter crisis, to allow persons unable to obtain

housing to occupy designated public facilities during

the duration of the state of emergency. 53

Emergency Housing

GC §8698.3 – City of San Jose

• Chapter 691, Statutes of 2016 (AB 2176).

• Effective January 1, 2017, until January 1, 2022.

• Allows the city, in lieu of compliance with

building/housing codes and standards, to adopt by

ordinance local standards for emergency bridge

housing.

• Requires HCD review of draft ordinance to ensure it

addresses minimum health and safety standards.

• Applies to bridge housing for the homeless located

and/or constructed on land owned or leased by the city.

• Provides measures for emergency sleeping cabins. 54

Emergency Housing

GC §8698.4 – Cities of Berkeley, Emeryville, Los

Angeles, Oakland, and San Diego; County of Santa

Clara; City and County of San Francisco

• Chapter 786, Statutes of 2017 (AB 932).

• Effective January 1, 2018, until January 1, 2021.

• Allows the cities and counties, in lieu of

compliance with building/housing codes and

standards, to adopt by ordinance reasonable local

standards and procedures for homeless shelters.55

Emergency Housing

GC §8698.4 – Cities of Berkeley, Emeryville,

Los Angeles, Oakland, and San Diego; County of

Santa Clara; City and County of San Francisco

• Requires HCD to review and approve draft ordinance

to ensure it addresses minimum health and safety

standards.

• Applies to homeless shelters constructed on land

owned or leased by the cities and counties.

• Applies to public facilities or homeless shelters

reserved entirely for the homeless.56

Options for

Emergency Housing

• Let local agencies come up with their own solutions.

o Not working well or fast enough.

• Advise building departments to follow the building

codes as-is.

o Codes do not include all possible types of units

that can be used as emergency housing.

• Evaluate building codes for adequacy when

planning and developing emergency housing .

o Not comprehensive.57

Standards (Regulations)

for Emergency Housing

• Regular code adoption cycle – 2 options

o Triennial – effective January 1, 2020.

o Intervening – effective July 1, 2021.

• Emergency rulemaking process

oUpon approval by BSC – effective

approximately 1 day after approval.

Emergency Rulemaking

for Emergency Housing

Appendix N in 2016 CBC

Appendix X in 2016 CRC

Emergency Standards

• Approved on April 17, 2018; Effective April 18, 2018.

• Remain in effect for 180 days with an expiration date

of October 15, 2018.

• Two 90-day re-adoptions allowed; first re-adoption

approved July 17, 2018.

• Certification process for permanent adoption.

o 45-day public comment period:

July 13 – August 27, 2018.

o 15-day public comment period:

October 8 - October 23, 2018.

o Final Approval – December 4, 2018. 60

Emergency Standards

• Addresses different types of housing:

o New buildings built under effective building codes.

o Existing buildings – shall not be substandard.

o Sleeping cabins.

o Transportable housing; tents; membrane structures.

• Available for adoption by LEA.

• Provide consistent standards by which LEAs may

develop emergency housing ordinances.

• HCD use for review and approval of draft local

emergency housing ordinances. 61

Tuff Sheds

Yuba County – 2016

Fabric Membrane Buildings

(Sprung)

City of San Diego – 2017

Hope on Alvarado “Cargotecture”

Los Angeles – 2018

Placer County Fairgrounds

Evacuation Center – 2017

Grand Hotel (vacant building)

Future homeless shelter

Oakland – 2018

One-Bedroom MHU

FEMA – 2017

Bridge Housing Communities

Emergency Sleeping Cabin

Concepts – 2017

Project Milestone

3-D Printer Houses – Europe

Tacoma, WA

Stability Site – June 2017

Tents within a large tent and outdoor tent sites.

Commercial Modulars

City of Berkeley – June 2018

Declaration of Emergency

Residential structures or components designed,

constructed, and installed pursuant to Title 24

• Entire SF dwellings

• Entire multifamily dwellings

• Hotels and motels

• Individual dwelling rooms

• Closed system wall, floor, or roof panels

• Plumbing cores (center of building)

Residential structures designed, constructed,

and installed pursuant to Title 24

• CRC / CBC

o Chapters 11A or 11B

• California Plumbing Code (CPC)

• California Electrical Code

• California Mechanical Code

• California Green Building Standards

(CALGreen) Code

• California Energy Code 76

• HCD generally does not perform plan review

or inspections for FBH projects in-house.

o Design Approval Agency (DAA) – plan review.

o Quality Assurance Agency (QAA) – inspections.

o Local building department – on-site

(modifications/alterations).

• No registration and titling by HCD required;

FBH becomes real property after approval.

• FBH is not the same as manufactured housing.

• FBH plans shall indicate where on the plans the

FBH insignia will be installed for field inspection.

• FBH manufacturer required to provide

installation instructions.

• Building permit from the authority having

jurisdiction (AHJ) is required for the installation

of FBH.

Accessible vs. Accessibility

What does it mean?

ACCESSIBLE

ACCESSIBILITY

A site, building, facility, or portion thereof that is

approachable and usable by persons with disabilities

in compliance with the code.

The combination of various elements in a building,

facility, site, area, or portion thereof which allows

access, circulation and the full use of the building and

facilities by persons with disabilities in compliance with

the code.

• What does it mean?

Federal Laws,

Standards and Regulations

•1961 – ANSI A117.1 (First developed; not federal.)

•1964 – Civil Rights Act; amended in 1968

•1968 – Architectural Barriers Act

•1968 – Fair Housing Act (FHA)

•1973 – Rehabilitation Act

o Section 504 of the Rehabilitation Act

•1984 – Uniform Federal Accessibility Standards (UFAS)

Federal Laws,

Standards and Regulations

• 1988 – Fair Housing Amendments Act

o FHA Guidelines

o FHA Design Manual (FHADM)

• 1990 Americans with Disabilities Act (ADA)

o 1991 ADA Standards

o 2010 ADA Standards

• State and local governments do not have direct

authority to enforce federal standards.

Fair Housing Amendments Act

• FHA passed in 1968.

• Amended in 1988, adding disability as protected

class.

• Design and construction requirements apply to

new “covered multifamily dwellings” built for first

occupancy after March 13, 1991.

• Applies to both private and public housing.

FHA Guidelines

and FHADM

• FHA Guidelines – provides technical

guidance, adopted by HUD in 1991.

• FHADM – published in 1996, revised in

1998. Uses text and illustrations to clarify

the FHA Guidelines.

HUD and DOJ

Joint Statement

• Accessibility requirements for covered multifamily

dwellings under the FHA.

• Published on April 30, 2013.

• Provides guidance regarding types of housing and

facilities subject to the design and construction

requirements of FHA.

• Does not focus on the specific technical criteria;

refers to existing technical interpretations, the FHA

Guidelines, and FHADM.

California

Housing Accessibility

• Requirements located in California Building Code

(CBC), Chapter 11A.

• FHA Guidelines, FHA Design Manual, and 1986

ANSI A117.1 are model codes for Chapter 11A.

• Chapter 11A more restrictive in many areas.

o Combines existing California requirements with

new federal requirements.

Multiple Laws,

Standards, and Regulations

• Multiple laws, standards, and regulations may apply

to the same project.

o Occupancy, ownership, funding, use, etc.

• Example: Apartment building using HUD, HCD, and

private funds; recreational area available for the

residents and for the public.

o Project complies with Chapter 11A, Chapter 11B,

Section 504 (UFAS), and ADA (2010 ADAS).

Chapter 11A

• Division I: Application, General Provisions, and

Definitions

• Division II: Exterior Facilities

• Division III: Building Features

• Division IV: Dwelling Unit Features

• Division V: Features Common to Exterior and

Interior of Buildings

• Division VI: Site Impracticality Tests

Division I

Application, General Provisions, and Definitions

• 1101A: Application

• 1102A: Building Accessibility

• 1103A: Design and Construction

• 1104A: Covered Multifamily Dwellings

• 1105A: Garages, Carports and Parking Facilities

• 1106A: Site and Building Characteristics

• 1107A: Definitions

Chapter 11A

Applies to:

• New covered multifamily dwellings (first

occupancy on or after March 13, 1991).

• New common use areas serving new and

existing covered multifamily dwellings.

• Additions to existing buildings, where the

addition is a covered multifamily dwelling.

• Where a building’s exterior is preserved, but the

interior is removed, including all structural

portions of floors and ceilings.

Covered Multifamily Dwellings

Which building is

covered?

Dwelling units in

buildings with 3 or more

apartments or 4 or more

condominiums.

Dwelling units within a

single structure

separated by firewalls

do not constitute

separate buildings.

• All dwelling units in buildings with elevator(s).

• Ground floor dwelling units in buildings without

elevators.

• Multistory dwelling units in buildings with

elevators (only primary entry level).

• 10 percent of multistory dwelling units in

buildings without elevators.

• Include dwelling units listed in Section 1102A.

• Apartment buildings with 3 or more dwelling units.

• Condominiums with 4 or more dwelling units.

• Lodging houses used as a residence with more

than 3, but not more than 5, guest rooms.

• Congregate residences with 3 or more sleeping

units.

• Dwellings with 3 or more efficiency units.

• Shelters for homeless persons with 3 or more

sleeping units.

• Dormitories with 3 or more guest rooms.

• Timeshare dwellings with 3 or more dwelling units.

• Other Group R occupancies in covered multifamily

dwellings, regulated by the State Fire Marshal.

• Newly constructed covered multifamily dwellings,

which meet the definition of public housing, are

subject to CBC Chapters 11A and 11B.

• Hotels, motels, inns, dormitories, resorts, and similar

lodging facilities, which meet the definition of covered

multifamily dwellings, allowing residential (non-

transient) stay (more than 30 days).

Chapter 11A – Not Covered

• Detached single-family dwellings (including ADUs).

• Duplex apartments.

• Duplex and triplex condominiums.

• Carriage units.

• Existing buildings (with exceptions).

• New common use areas serving non-covered

multifamily dwellings.

• Conversion of existing buildings unless the interior

is removed, and a new building is constructed

behind the old facade.

Multistory Dwelling Units

Definition

• A dwelling unit with finished living space located on one floor and the floor or floors immediately above or below it.

Note: Dwelling unit with a bathroom only on the first floor and living space on the second floor is not considered multistory.

HUD and DOJ Joint Statement, Question 10

A multistory dwelling unit is one in which there is

finished living space located on one floor and on the

floor/floors immediately above or below it. An area is

considered to have finished living space if it has

interior partitions, wall finishes, electrical, heating and

cooling systems or other building systems installed

and if it complies with local building code requirements

for habitable spaces. Habitable space is a space for

living, sleeping, eating, or cooking, and does not

include bathrooms, toilets, closets, halls, storage or

utility spaces and similar areas.

10 percent of multistory dwelling units in

buildings without elevators

• The primary entry to the dwelling unit on an

accessible route.

• At least 1 powder room/bathroom located on

the primary entry level.

• All rooms or spaces located on the primary

entry level served by an accessible route and

comply with Division IV (dwelling units).

• Accessible common use areas.

Buildings with elevators

• At least 1 powder room/bathroom located on the

primary entry level.

• At least 1 kitchen located on the primary entry level.

• All rooms or spaces located on the primary entry

level served by an accessible route and comply with

Division IV (dwelling units).

• The story of the unit that is served by the elevator is

considered a ground floor.

• All floors accessed by an elevator are ground floors.

Carriage Units

• CBC, Chapter 2: Dwelling unit with living space on

one or more floors immediately above a Group U,

private garage or garages. The footprint of the

garage or garages is used as the footprint for the

remaining floor or floors of the units above and the

garage level contains no habitable space.

o Dwelling units over a common garage shall not

be considered carriage units.

• FHADM describes carriage houses as units in

which the garage footprint is used as footprint for

the remaining floor or floors of the units.

Existing Buildings

• Chapter 11A does not apply to alteration, repair,

rehabilitation, or maintenance of multifamily dwellings

constructed for first occupancy prior to

March 13, 1991.

• Covered multifamily dwellings (constructed after

March 13, 1991) shall be maintained in compliance

with the accessibility standards in effect at the time of

construction.

• Apartments constructed prior to March 13, 1991, shall

be maintained in compliance with the accessibility

standards in effect at the time of construction.

Ground Floors Above Grade

• Where the first floor containing dwelling units is

above grade, all units on that floor shall be served

by an accessible route.

• This floor is considered a ground floor and all

dwelling units are considered covered multifamily

dwelling units.

• Same requirement applies to multistory dwelling

units in buildings without elevators.

• Exception for carriage units.

Special Provisions

Multistory units with internal elevators

• All stories of the unit served by the internal

elevator are considered ground floors.

• Multistory dwelling units designed and

constructed for later installation of internal

elevators are considered dwelling units with

internal elevators.

Special Provisions

Elevators that do not create elevator

buildings

• Elevator connecting a parking area with

dwelling units on a ground floor.

• Elevator creating an accessible route to

ground floor above grade.

• Free standing elevators not connected to

buildings and serving as part of an accessible

route from one site level to another.

Special Provisions

Connected buildings

• When a nonelevator building is connected to a

building with elevator(s) via overhead walks or

bridges, the nonelevator building is considered a

covered multifamily dwelling.

• All overhead walks connecting the buildings and

all dwelling units in these buildings are required to

comply with Chapter 11A.

• Structurally joined buildings are considered a

single building.

Special Provisions

2 ground floor multistory dwelling units with

2 single-story dwelling units above a garage

(See next slide)

Chapter 11A vs. HUD

• 1104A.2 Ground floors above grade. Where the

first floor containing dwelling units in a building is

above grade, all units on that floor shall be served

by an accessible route. This floor will be considered

a ground floor and all dwelling units are considered

covered multifamily dwelling units.

• 1102A.3.1 Multistory apartment or condominium

dwellings in buildings with no elevator. This

section shall apply to multistory dwelling units on

the ground floor of buildings without elevators for

which an application for a construction permit is

submitted on or after July 1, 2005.

Division II

Exterior Facilities

• 1108A: General Requirements for Accessible Parking

and Exterior Routes of Travel

• 1109A: Parking Facilities

• 1110A: Exterior Accessible Routes

• 1111A: Changes in Level on Accessible Routes

• 1112A: Curb Ramps on Accessible Routes

• 1113A: Walks and Sidewalks on Accessible Routes

• 1114A: Exterior Ramps and Landings on Accessible

Routes

• 1115A: Exterior Stairways

• 1116A: Hazards on Accessible Routes

Parking Facilities

• Each parking facility provided for covered multifamily

dwellings and common use facilities shall provide

accessible parking.

o Parking facilities: common use garages, private

garages, carports, parking lots, etc.

o If no parking facility is provided, accessible parking is

not required.

• Private garages are required to comply with 1109A.

o Three exceptions for garages attached to and directly

serving a covered multifamily dwelling.

o Private garages include individual garages and multiple

individual garages grouped together.

Parking Facilities

• Exceptions for private garages attached to and

directly serving single covered multifamily

dwelling units:

o A door leading directly from the covered dwelling

unit, which immediately enters the garage.

o An accessible route from the covered dwelling unit

to an exterior door entering the garage.

o An accessible route from the dwelling unit’s primary

entry door to the vehicular entrance at the garage.

Parking Facilities

• Required number of accessible parking spaces.

o 2% of the number of covered multifamily dwelling units.

o 2% of the assigned parking spaces serving covered

multifamily dwelling units in each type of parking facility.

At least one space of each type of parking facility

shall be made accessible even if the total number

exceeds 2%.

o 5% of the unassigned parking spaces.

o Assigned accessible parking spaces do not require

signage and identification.

Location of Parking Spaces

• On the shortest possible accessible route to an accessible

building or dwelling unit entrance.

• Dispersed and located near accessible building entrances.

• When practical, accessible routes shall not cross lanes for

vehicular traffic. When crossing is necessary, designated and

marked as a crosswalk.

• Parking facilities not serving a particular building shall have

accessible parking spaces located on the shortest possible

accessible route to accessible pedestrian entrances of the

parking facility.

• Persons with disabilities shall not wheel/walk behind parked

cars other than their own (with exception for unreasonable

hardship).

Design and Construction

• 8 feet 2 inches clearance for all entrances, exits and

vehicular passageways to and from required

accessible parking spaces.

o Reflective signs installed at transitions.

• Bumper or curb to prevent encroachment.

• Surface slopes (parking spaces and aisles) not to

exceed 1/4 inch per foot (2.083%).

• One in every eight accessible spaces (not less than

one) shall be van accessible.

o One in six in Chapter 11B.

• Minimum length: 18 feet

• Minimum width: 14 feet

o 9-foot wide parking area.

o 5-foot wide loading/unloading access aisle.

• Access aisles on either side of the vehicle; extend the

full required length of parking.

• Two 9-foot wide parking spaces may be lined on each

side of a 5-foot wide access aisle.

• Access aisle marked by a blue border.

• Minimum length: 18 feet

• Minimum width: 14 feet

o 9-foot wide parking area

o 5-foot wide loading/unloading access aisle

• Access aisles on either side of the vehicle; extend the

full required length of parking

• Two 9-foot wide parking spaces may be lined on each

side of a 5-foot wide access aisle

• Access aisle marked by a blue border

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Exterior Accessible Routes

• Section 1110A.1 (1) – site arrival points.

o At least one accessible route within the

boundary of the site shall be provided from

public transportation stops, accessible

parking and accessible passenger loading

and unloading zones, and public streets or

sidewalks to the accessible building

entrance they serve. Where more than one

route of travel is provided, all routes shall

be accessible.

• At least one accessible route to connect

accessible buildings, facilities, and spaces.

• Accessible routes between accessible

buildings and accessible site facilities when

more than one building/facility on a site.

• At least one accessible route to connect

accessible building/facility entrances with all

accessible spaces, elements, and covered

multifamily dwelling units.

• An accessible route to connect at least one

accessible entrance of each covered

multifamily dwelling unit with exterior spaces

and facilities that serve the dwelling unit.

• Where elevators are provided for vertical

access, all elevators shall be accessible.

• Special conditions

o Slope of finished grade between covered

multifamily dwellings and site arrival points,

public use or common use facilities

(including parking) exceeds 8.33-percent.

o Physical barriers (natural or artificial) or

legal restrictions outside the control of the

owner.

• Acceptable alternative for accessible route.

o Access by a vehicular route if special

conditions are met.

Accessible parking on an accessible route

for at least 2% of the covered multifamily

dwelling units.

Necessary site provisions such as parking

spaces and curb ramps are provided at the

public use or common use facility.

90-degrees turn

around obstruction

180-degrees turn

around obstruction

180-degrees turn

around obstruction

Division III

Building Features

• 1117A: General Requirements for Accessible Entrances, Exits,

Interior Routes of Travel and Facility Accessibility

• 1118A: Egress and Areas of Refuge

• 1119A: Interior Accessible Routes

• 1122A: Interior Ramps and Landings on Accessible Routes

• 1123A: Interior Stairways

• 1124A: Elevators and Platform (Wheelchair) Lifts

• 1125A: Hazards on Accessible Routes

• 1126A: Doors, Gates and Windows

• 1127A: Common Use Facilities

Division III

Building Features

• 1117A.2 All primary entrances and exterior ground floor exit

doors to buildings/facilities on accessible routes shall be

accessible.

• 1117A.3 When a ground floor dwelling unit has a separate

entrance, this dwelling unit shall be served by an accessible

route (if no terrain or unusual characteristics are present).

• 1117A.4 Only one entrance to covered multifamily buildings

is required to be accessible, except where an individual

dwelling unit has a separate exterior entrance. Where the

building contains clusters of dwelling units with each cluster

sharing a different exterior entrance, more than one

entrance may be required to be accessible.

Division III

Building Features

• 1126A.8 Windows. Where glazed openings

are provided in accessible rooms or spaces for

operation by occupants, at least one opening

shall comply with Section 1138A.4. Each glazed

opening required by the enforcing agency to be

operable shall comply with Section 1138A.4.

NOTE: Windows in dwelling units are not

required to be accessible!

Division III

Building Features

• Mailboxes are not addressed in Chapter 11A.

o FHA Design Manual clarifies mailboxes are

required to be accessible.

o Conflict between HUD and USPS.

o HUD/DOJ interpretation.

• Trash enclosures are not addressed in

Chapter 11A.

o FHA Design Manual clarifies an accessible route

to trash enclosures is required.

Division IV

Dwelling Unit Features

• 1128A: Covered Dwelling Units

• 1129A: Reserved

• 1130A: Accessible Route within Covered Multifamily

Dwelling Units

• 1132A: Doors

• 1133A: Kitchens

• 1134A: Bathing and Toilet Facilities

• 1135A: Laundry Rooms

• 1136A: Electrical Receptacle, Switch and Control

Heights

Accessible Route

Section 1130A

• Accessible route is required through all rooms and

spaces of the dwelling unit.

o Chapter 11A does not allow sunken and raised

areas.

• The accessible route shall pass through the primary

entry door and connect with all additional exterior

doors, clear floor spaces in kitchen and bathrooms.

• Accessible route is not required from the interior of

dwelling units into basements or garages.

Section 1132A

• Interior doors intended for user passage and

secondary exterior doors.

• Doors not intended for user passage (balconies,

closets, etc.) may also need to provide clearance

and maneuvering space to allow a person in a

wheelchair to maneuver and open the door.

• Swinging doors shall provide a net clear opening

width of not less than 32 inches (no longer 32

inches nominal).

Level Floor or Landing

• Secondary exterior doors onto decks, patios or balcony

surfaces constructed of impervious materials (e.g.,

concrete, brick, flagstone): maximum change in height

from the interior landing of 4 inches.

o Changes in height greater than 1/2 inch: ramp

complying with 1114A or platform constructed to the

level of the floor.

• Secondary exterior doors onto decks, patios or balcony

surfaces constructed of impervious materials (e.g.,

concrete, brick, flagstone): maximum change in height

from the interior landing of 1 inch if 1:8 ramp is

permanently installed.

• Exterior landings of impervious construction

(e.g., concrete, brick, flagstone) serving primary

entry doors and required exit doors are limited

to 1/2 inch of change in height between floor

surfaces.

• Exterior landings of pervious construction (e.g.,

wood decking with spaces) shall be the same

level as the interior landing, except that

secondary exterior doors may have no more

than 1/2 inch of change in height between floor

surfaces.

• In buildings containing covered multifamily

dwelling units, the floor or landing

immediately outside the entry may be sloped

up to 1/4 inch per foot in a direction away

from the primary entrance of the dwelling unit

for drainage.

Section 1132A

1132A.8 Hand-activated door hardware. Hand-

activated door latching, locking and opening hardware

shall be centered between 30 inches (762 mm) and 44

inches (1118 mm) above the floor. Latching and locking

doors that are hand-activated and on an accessible

route shall be operable with a single effort by lever-type

hardware, panic bars, push-pull activating bars or other

hardware designed to provide passage without requiring

the ability to grasp the opening hardware. Locked exit

doors shall operate consistent with Section 1132A.6, in

the direction of egress.

Section 1132A

• 1132A.8.1 Lever-type hardware. The lever or lever of actuated

latches or locks shall be curved with a return to within 1/2 inch

(12.7 mm) of the door to prevent catching on the clothing of

persons during egress in Group R and U occupancies with an

occupant load greater than 10.

• If an apartment building has 100 apartments, and each

apartment is accessed through a common corridor, the

occupant load for the building exceeds 10; therefore, the

hardware on the corridor side shall comply with 1132A.8.1. The

hardware on the apartment side is exempt as far as the

occupant load for each apartment is 10 or less.

Kitchens

Section 1133A

• Clear floor space

o 30” x 48” for parallel approach at ranges/cooktops.

o 30” x 48” for either parallel or forward approach at

sinks, ovens, dishwashers, refrigerators/freezers,

trash compactors, and other similar fixtures and

appliances.

o 30” x 48” for either parallel or forward approach at

work surfaces.

o Centerline of the clear floor space aligned with the

centerline of the work space, appliance or fixture.

Kitchens

Section 1133A

• Clear width

o Measured between any cabinet, countertop or the

face of any appliance (exclude handles/controls)

that projects into the kitchen and the opposing

cabinet, countertop, appliance or wall.

o 60 inches for U-shaped kitchens with parallel

approach at a range or cooktop located at the

base of the U.

o 48 inches for all other kitchens.

o Chapter 11B allows 40-inch pass-through kitchens.

Kitchens

Section 1133A

• Knee and toe space

o Required for kitchen sinks and work surfaces.

o Removable base cabinets are allowed.

o Shall be clear and unobstructed, or removable

base cabinets shall be provided.

o 30 inches wide minimum, centered on the sink,

countertop or appliance.

o A clear floor space shall not extend into the knee

and toe space more than 19 inches.

Kitchens

Section 1133A

• Countertops

o 30 inches minimum linear length for the kitchen

sinks and work surfaces.

o Sinks and work surfaces may be a 60-inch single

integral unit or be separate components.

o Two 15-inch wide breadboards are allowed in lieu

of the required 30 inches work surface.

State requirement

Assume the breadboards are attached

Kitchens

Section 1133A

• Repositionable Countertops: 5% of covered

multifamily dwelling units.

o Sinks and work surfaces to enable repositioning to

minimum height of 28 inches.

o Removable base cabinets under sinks/work surfaces.

o The sides of adjacent cabinets and the back wall,

constructed of durable, nonabsorbent materials.

o Finished flooring extended to the wall beneath the sink

and work surface.

o Stone, cultured stone and tiled countertops may be

used instead repositioning countertops.

Kitchens

Section 1133A

• Lower shelving and/or drawer space at a height of

no more than 48 inches.

o One upper shelving/drawer within 48 inches OR

lower drawers meet this requirement?

• Kitchen sink faucet controls: Operable with one

hand; no tight grasping, pinching or twisting of the

wrist; force no greater than 5 pounds.

Lever-operated, push-type, and electronically controlled

mechanisms are acceptable. Self-closing valves are

allowed if the faucet remains open for 10 s. min.

• Plumbing protection: at the time of final inspection..

Bathrooms

Section 1134A

• Number of complying bathrooms.

o Option 1: all bathrooms comply with 1134A.

o Option 2: One bathroom complies with 1134A.

o Additional bathrooms when Option 2 is used.

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• Option 1 and Option 2.

o Toilet, bathing and shower facilities comply with

Section 1134A.4.

o Bathtubs comply with Section 1134A.5.

o Showers comply with Section 1134A.6.

o Water closets comply with Section 1134A.7.

o Bathrooms provided with an accessible route into

and through the bathroom.

Bathrooms

Section 1134A

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• Option 1 and Option 2.

o Reinforced walls for grab bars around the toilet, tub

and shower in compliance with Sections 1134A.5,

1134A.6, and 1134A.7.

o Switches, outlets and controls comply with

Section 1142A.

o Doors, if provided, comply Section 1132A.5.

o 18-inch clear maneuvering space on the swing side

of the door at the strike edge of the door.

Bathrooms

Section 1134A

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• Option 1 – all bathrooms

o Lavatories, vanities, mirrors and towel fixtures

comply with Section 1134A.8.

Bathrooms

Section 1134A

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• Option 2 – only one bathroom

• When two or more lavatories are provided, at least

one shall comply with Section 1134A.8.

• Where both tub and shower are provided in the

bathroom, at least one shall be accessible.

• When shower stall(s) are provided in the dwelling

units, at least one shower stall shall be accessible.

• Where both tub and shower are provided in the

bathroom, and this is the only shower in the dwelling

unit, the shower shall be accessible.

Bathrooms

Section 1134A

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• Option 2 – additional bathrooms

• When Option 2 is used, there is no big difference

between the accessible bathroom and all

additional bathrooms in the dwelling unit.

• Additional bathrooms shall comply with all

requirements in Section 1134A, except clear floor

space for the plumbing fixtures.

• Reinforcement for grab bars, switches, outlets

and controls within reach ranges, doors,

accessible route.

Bathrooms

Section 1134A

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o 30” x 48”; the long side parallel to the side of the tub.

o Edge of clear floor space flush with control wall

surface.

o Knee and toe space under a 19-inch deep lavatory

located at the control end of the tub may be included

in the clear floor space.

o Cabinets under lavatories and toilets shall not

encroach into the clear floor space.

• Controls: located on the wall at the foot of the tub.

Bathtubs

Section 1134A.5

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Reinforcement for grab bars

Bathrooms

Section 1134A

___155

• Shower spray unit – not required

• Controls

o Operable with one hand, not to require tight

grasping, pinching or twisting of the wrist

o Force to activate no greater than 5 pounds.

o Acceptable design: lever operated, push type, and

electronically controlled.

• Enclosures

o Shatter-resistant materials.

o Hinged doors shall open outward.

o Safety glazing.

Bathrooms

Section 1134A

Showers

Section 1134A.6

• Size

o At least 42” wide by 48” deep; 36” min. opening.

Was 42” fixed dimension when adopted.

o At least 60” wide by 30” deep; 60” min. opening.

Water closet may project 12” max. into the

opening if 36” min. clear space is maintained

between the water closet and the shower wall.

o At least 36” deep by 60” wide; opening 36” min.

when a wall is installed on the opening side.

36” fixed dimension in Chapter 11B.

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o 30” x 48” located outside the shower, flush and

parallel to the control wall.

Better language: flush and parallel to the

opening.

30” x 60” needed for 30” x 60” shower.

36” x 60” shower may not need floor space.

Section 1134A.6 does not address location of

controls. BO may need to take into account

Section 1127A & the CPC.

Showers

Section 1134A.6

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• Slope

o 1/2 inch per foot in any direction; slope to a

drain.

• Thresholds

o 2” maximum in height; beveled or sloped angle

not exceeding 1 unit vertical in 2 units

horizontal (26.6 degrees).

o Thresholds 1/2 inch or less may have a beveled

or sloped angle not exceeding 1 unit vertical in

1 unit horizontal (45 degrees from horizontal).

Showers

Section 1134A.6

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• Shower controls.

o Operable with one hand.

o 5 pounds maximum force to activate.

o No tight grasping, pinching or twisting of the

wrist.

o Lever operated, push type, and electronically

controlled mechanisms are acceptable.

Showers

Section 1134A.6

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• Shower controls.

o Location of controls is not addressed.

o Take into consideration:

Section 1127A.5.3.5: applicable to accessible

showers; may need to comply with it if reasonable

modification is requested.

CPC, Section 408.9: Control valves and showerheads

shall be located on the sidewall or otherwise arranged

so that the showerhead does not discharge directly at

the entrance. This allows the bather to adjust the

valves prior to stepping into the shower spray.

Showers

Section 1134A.6

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• Shower enclosures.

o Doors and panels constructed from approved,

shatter-resistant materials.

o Glazing: fully tempered, laminated safety glass or

approved plastic.

o Glass shall have minimum thickness of 1/8 inch

minimum when fully tempered, or 1/4 inch

minimum when laminated.

o Plastics used in doors and panels shall be of a

shatter-resistant type.

Showers

Section 1134A.6

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• Shower enclosures.

o Doors and panels, when installed, shall not reduce

size and/or openings of shower enclosures.

o Hinged shower doors shall open outward.

o Although not specifically stated in Section 1134A,

shower doors shall comply with Section 1132A.

o Interior doors intended for user passage are

required to comply with 1132A.

o Shower doors are intended for user passage.

Showers

Section 1134A.6

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Showers

Section 1134A.6

___164

Showers

Section 1134A.6

___165

Showers

Section 1134A.6

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Grab bar reinforcement for adaptable showers

Showers

Section 1134A.6

Water Closets (WC)

Section 1134A.7

• Floor space.

o 48 inches min. clear width, extending past the front

edge of the WC at least 36 inches.

o 36 inches width is allowed for lavatories, cabinets,

wing walls, or privacy walls no more than 24 inches

deep located adjacent to the water closet.

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• Location.

o Centerline of WC 17 to 18 inches from a grab bar

wall or partition.

o WC located in a manner that permits a grab bar to

be installed on at least one side of the WC.

o WC adjacent to non-grab bar walls, vanities,

lavatories, or bathtubs: the centerline of WC 18

inches min. from the obstacle.

Water Closets (WC)

Section 1134A.7

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• Reinforcement.

o WC not adjacent to a grab bar wall: floor-mounted,

foldaway, or similar alternative grab bars.

o WC adjacent to a grab bar side wall: reinforcement

on both sides or one side and the back.

o Back reinforcement:

Between 32 and 38 inches above the floor.

6 inches min. nominal in height.

40 inches min. in length.

Water Closets (WC)

Section 1134A.7

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• Reinforcement.

o Side wall reinforcement:

Between 32 and 38 inches above the floor.

12 inches max. from the rear wall.

Extend 26 inches min. in front of WC.

6 inches min. nominal in height.

Water Closets (WC)

Section 1134A.7

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• Seat height.

o 15 inches min. above the floor.

o No requirements for maximum height.

• Controls.

o Mounted 44 inches max. above the floor.

o 5 pounds max. force required to activate controls.

Water Closets (WC)

Section 1134A.7

Lavatories

Section 1134A.8

• Location.

o Centerline of fixture 18 inches min. from adjoining wall or fixture to allow for forward approach.

o Centerline of fixture 24 inches min. from adjoining wall or fixture when parallel approach is provided.

o Top of fixture rim 34 inches max. above finished floor.

• Floor space.

o 30 x 48 inches centered on the lavatory.

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Lavatories

Section 1134A.8• Cabinets.

o Cabinets under lavatories are acceptable if parallel

approach is provided, and cabinets are designed

with adaptable knee and toe space.

o Centerline of fixture 24 inches min. from adjoining

wall or fixture when parallel approach is provided.

o Top of fixture rim 34 inches max. above finished

floor.

• Plumbing protection.

o Required for water supply and drain pipes.

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• Knee and toe space – required!

o Clear and unobstructed; OR

o Cabinets shall be removable without the use of specialized knowledge or tools; OR

o Doors shall be removable or openable to provide the required unobstructed knee and toe space.

o Knee and toe space centered on the fixture and comply with Section 1138A.2.

o The 30 x 48 clear floor space not to extend into the knee and toe space more than 19 inches.

Lavatories

Section 1134A.8

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Knee and toe space

Lavatories

Section 1134A.8

___176

• Faucet controls.

o Operable with one hand.

o No tight grasping, pinching or twisting of the wrist.

o 5 pounds max. force to activate controls.

o Lever operated, push-type, and electronically

controlled mechanisms are acceptable.

o Self-closing valves are allowed if faucets remain

open for at least 10 seconds.

Lavatories

Section 1134A.8

Laundry Rooms

Section 1135A.1

• Washers and dryers.

o One of each type is required only if provided in

covered multifamily dwelling units.

o Where front-loading washers are not provided,

management to provide assistive devices on

request of the occupant.

Electrical Receptacle,

Switch & Control Heights

Section 1136A

• Receptacles: Branch circuits of 30 amp or less and

communication system receptacles.

• Controls or switches: Intended to be used by the

occupant to control lighting and receptacle outlets,

appliances, alarms or cooling, heating and ventilating

equipment.

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• Height requirements.

o 48 inches max. from the top of the outlet box.

o 15 inches min. from the bottom of the outlet box.

o If reach is over obstruction (kitchen cabinets),

Section 1138A.3 (Reach ranges) would apply.

o Obstructions not to extend 25 inches from the wall.

o This is not the reach depth.

o Chapter 11A does not allow tolerances.

Section 1136A

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• Receptacles, switches and controls that do not satisfy

these specifications are acceptable provided that

comparable receptacles, switches, and controls that

perform the same functions are provided within the

same area and are accessible.

• Example: If the California Electrical Code requires

10 receptacles for a kitchen countertops, and 3

are not accessible, additional 3 receptacles may

be provided (13 total).

Section 1136A

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• Exceptions.oReceptacles part of baseboard heaters.

oRequired receptacles are permitted in floors when adjacent to sliding panels or walls.

o Baseboard electrical outlets used in relocatable partitions, window walls or other electrical convenience floor outlets.

o Kitchen stoves, dishwashers, range hoods, microwave ovens and similar appliances with have controls located on the appliance.

Section 1136A

Division V

Features Common to Exterior

and Interior of Buildings

• 1137A: Other Features and Facilities

• 1138A: Space Allowances and Reach Ranges

• 1139A: Accessible Drinking Fountains

• 1140A: Accessible Telephones

• 1141A: Accessible Swimming Pools

• 1142A: Electrical Receptacle, Switch and Control

Heights

• 1143A: Signage

Other Features and Facilities

Section 1137A

• Division V applies to features and facilities of

common use areas on accessible floors or

sites.

• Division V is not applicable to dwelling units,

unless otherwise specified.

Division VI

Site Impracticality Tests

• 1150A: Site Impracticality Tests

• Test No. 1: Individual Building Test

• Test No. 2: Site Analysis Test

• Test No. 3: Unusual Characteristics Test

___185

• Covered multifamily dwellings in buildings without

elevators, located on sites with difficult terrain

conditions or unusual characteristics, may employ the

site impracticality tests.

• Section 1150A does not apply to multistory dwelling

units in nonelevator buildings. (Except as provided in

Section 1102A.3.1)

Division VI

Site Impracticality Tests

Mobilehome Parks

• Unless used by the general public, a recreation

building in a mobilehome park is not a public

accommodation, and is not required to comply

with accessibility standards.

(Opinion #81-1104, January 26, 1982 by Attorney

General George Deukmejian)

Mobilehome Parks

Accessible or not…

Mobilehome Parks

• Chapter 11A – does not apply.

• Chapter 11B - public use areas, public

accommodations.

• Examples – new and existing office

buildings; recreational facilities open to

the public (swimming pools); parking for

public use; toilets open to the public…

• Model homes – not required to be

accessible with some exceptions.

Mobilehome Parks

Model Homes

• Model homes, in general, are not places of

public accommodation

o Sales offices located in model homes

shall be accessible

• DOJ recommends a minimal level of access

to model homes for potential homebuyers

with disabilities

o An accessible route to the primary level of

one of several model homes

All-Gender Toilets

• Assembly Bill 1732 (Ting, Chapter 818, Statutes of

2016), signed into law on September 29, 2016.

Effective March 1, 2017

• HSC Section 118600: Requires single-user toilet

facilities in any business establishment, place of

public accommodation, or state or local government

agency to be identified as all-gender toilet facilities

by signage that complies with the CBC, and

designated for use by no more than one occupant

at a time or for family or assisted use.

___191

• An inspector, building official, or other local official

responsible for code enforcement may inspect for

compliance during any inspection

• “Single-user toilet facility” - a toilet facility with no

more than one WC and one urinal with a locking

mechanism controlled by the user

• DSA Informational Bulletin – can be used as an aid

in complying with this new state law

• www.documents.dgs.ca.gov/dsa/bulletins/BU_17-

01.pdf

All-Gender Toilets

Questions

Stoyan Bumbalov

Stoyan.Bumbalov@hcd.ca.gov

(916) 204-6528

(530) 566-4793

Contact Information

California Department of Housing

and Community Development

Division of Codes and Standards

1 (800) 952-8356www.hcd.ca.gov

Option 1:

Option 2:

Option 3:

Option 4:

Option 5:

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Mobilehome Parks and Special Occupancy Parks

Dealers’ or Salespersons’ Licensing

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