Hello. Please sign in!

Note: This document or portion of document references a state or local code that is stricter than the 2010 ADA Standards requires.

11B-233.3 Public housing facilities.

Public housing facilities with residential dwelling units shall comply with Section 11B-233.3.

[2010 ADAS] 233.3 Residential Dwelling Units Provided by Entities Not Subject to HUD Section 504 Regulations.  Facilities with residential dwelling units provided by entities not subject to regulations issued by the Department of Housing and Urban Development (HUD) under Section 504 of the Rehabilitation Act of 1973, as amended, shall comply with 233.3.

11B-233.3.1 Minimum number: new construction.

Newly constructed public housing facilities with residential dwelling units shall comply with Section 11B-233.3.1.

[2010 ADAS] 233.3.1 Minimum Number: New Construction.  Newly constructed facilities with residential dwelling units shall comply with 233.3.1.

Exception:  Where facilities contain 15 or fewer residential dwelling units, the requirements of Sections 11B-233.3.1.1 and 11B-233.3.1.3 _|Residential Dwelling Units with Communication Features|_ shall apply to the total number of residential dwelling units that are constructed under a single contract, or are developed as a whole, whether or not located on a common site.  

11B-233.3.1.1 Residential dwelling units with mobility features.

In public housing facilities with residential dwelling units, at least 5 percent, but no fewer than one unit, of the total number of residential dwelling units shall provide mobility features complying with Sections 11B-809.2 through 11B-809.4 and shall be on an accessible route as required by Section 11B-206.

[2010 ADAS] 233.3.1.1 Residential Dwelling Units with Mobility Features.  In facilities with residential dwelling units, at least 5 percent, but no fewer than one unit, of the total number of residential dwelling units shall provide mobility features complying with 809.2 through 809.4 and shall be on an accessible route as required by 206.

ETA Editor's Note

At this point, the alignment of CBC section numbering with 2010 ADAS becomes inconsistent.  Since ADA does not require residential units with adaptable features, the 2010 ADAS section pertaining to Residential Dwelling Units with Communication Features is numbered 233.3.1.2.  

11B-233.3.1.2 Residential dwelling units with adaptable features.

In public housing facilities with residential dwelling units, adaptable residential dwelling units complying with Chapter 11A, Division IV – Dwelling Unit Features shall be provided as required by Sections 11B-233.3.1.2.1 through 11B-233.3.1.2.5 _|Public Housing Facility Site Impracticability|_. Adaptable residential dwelling units shall be on an accessible route as required by Section 11B-206.  

Exception:  The number of required adaptable residential dwelling units shall be reduced by the number of units required by Section 11B-233.3.1.1. 

11B-233.3.1.2.1 Elevator buildings.

Residential dwelling units on floors served by an elevator shall be adaptable.

11B-233.3.1.2.2 Non-elevator buildings.

Ground floor residential dwelling units in non-elevator buildings shall be adaptable.

11B-233.3.1.2.3 Ground floors above grade.

Where the first floor in a building containing residential dwelling units is a floor above grade, all units on that floor shall be adaptable. 

11B-233.3.1.2.4 Multi-story residential dwelling units in buildings with one or more elevators.

In elevator buildings, public housing facilities with multi-story residential dwelling units shall comply with the following:  

  1. The primary entry of the multi-story residential dwelling unit shall be on an accessible route on the floor served by the elevator.

  2. At least one powder room or bathroom and kitchen shall be located on the primary entry level.

  3. Rooms or spaces located on the primary entry level shall be served by an accessible route and comply with Chapter 11A, Division IV – Dwelling Unit Features.

11B-233.3.1.2.5 Multi-story residential dwelling units in buildings with no elevator.

In non-elevator buildings in public housing facilities, a minimum of 10 percent but not less than one of the ground floor multi-story residential dwelling units shall be calculated using the total number of multi-story residential dwelling units in buildings on a site and shall comply with the following:

  1. The primary entry of the multi-story residential dwelling unit shall be on an accessible route.

  2. At least one powder room or bathroom shall be located on the primary entry level.

  3. Rooms or spaces located on the primary entry level shall be served by an accessible route and comply with Chapter 11A, Division IV – Dwelling Units features.

11B-233.3.1.2.6 Public housing facility site impracticality.

The number of adaptable residential dwelling units required in non-elevator building public housing facilities shall be determined in accordance with Chapter 11A, Section 1150A.1. The remaining ground floor residential dwelling units shall comply with the following requirements:  

1.      Grab bar reinforcement complying with Section 11B-609.

2.      Doors complying with Section 11B-404.

3.      Communication features complying with Section 11B-809.5.5.

4.      Electrical receptacle and switches complying with Section 11B-308.1.

5.      Toilet and bathing facilities complying with Section 11B-809.4.

6.      Kitchen sink removable cabinets complying with Section 11B-606.2, Exception 3.  

11B-233.3.1.3 Residential dwelling units with communication features.

In public housing facilities with residential dwelling units, at least 2 percent, but no fewer than one unit, of the total number of residential dwelling units shall provide communication features complying with Section 11B-809.5.  

11B-233.3.2 Residential dwelling units for sale.

Residential dwelling units designed and constructed or altered by public entities that will be offered for sale to individuals shall provide accessible features to the extent required by this chapter.

[2010 ADAS] 233.3.2 Residential Dwelling Units for Sale.  Residential dwelling units offered for sale shall provide accessible features to the extent required by regulations issued by Federal agencies under the Americans with Disabilities Act or Section 504 of the Rehabilitation Act of 1973, as amended.

[2010 ADAS] Advisory 233.3.2 Residential Dwelling Units For Sale.  A public entity that conducts a program to build housing for purchase by individual home buyers must provide access according to the requirements of the ADA regulations and a program receiving Federal financial assistance must comply with the applicable Section 504 regulation.

Exception:  Existing residential dwellings or residential dwelling units acquired by public entities that will be offered for resale to individuals without additions or alterations shall not be required to comply with this chapter.

ETA Editor's Note

This Access Board Note was taken from ADA Title II §35.151(j) New Construction and Alterations; Facilities with Residential Dwelling Units for Sale to Individual Owners:

[ADA Title II] U.S. Access Board's Note to Reader:

The Department of Justice’s ADA standards also require the following:

Facilities with residential dwelling units for sale to individual owners.

(1) Residential dwelling units designed and constructed or altered by public entities that will be offered for sale to individuals shall comply with the requirements for residential facilities in the 2010 Standards including sections 233 and 809.

(2) The requirements of paragraph (1) also apply to housing programs that are operated by public entities where design and construction of particular residential dwelling units takes place only after a specific buyer has been identified. In such programs, the covered entity must provide the units that comply with the requirements for accessible features to those pre-identified buyers with disabilities who have requested such a unit.

11B-233.3.3 Additions.

Where an addition to an existing public housing facility results in an increase in the number of residential dwelling units, the requirements of Section 11B-233.3.1 shall apply only to the residential dwelling units that are added until the total number of residential dwelling units complies with the minimum number required by Section 11B-233.3.1. Residential dwelling units required to comply with Sections 11B-233.3.1.1 _|Residential Dwelling Units with Mobility Features|_ and 11B-233.3.1.2 _|Residential Dwelling Units with Adaptable Features|_ shall be on an accessible route as required by Section 11B-206

[2010 ADAS] 233.3.3 Additions.  Where an addition to an existing building results in an increase in the number of residential dwelling units, the requirements of 233.3.1 shall apply only to the residential dwelling units that are added until the total number of residential dwelling units complies with the minimum number required by 233.3.1. Residential dwelling units required to comply with 233.3.1.1 shall be on an accessible route as required by 206.  

11B-233.3.4 Alterations.

Alterations to a public housing facility shall comply with Section 11B-233.3.4. 

[2010 ADAS] 233.3.4 Alterations.  Alterations shall comply with 233.3.4.

Exception:  Where compliance with Sections 11B-809.2,11B-809.3, or 11B-809.4 for units with mobility features or Chapter 11A, Division IV for units with adaptable features is technically infeasible, or where it is technically infeasible to provide an accessible route to a residential dwelling unit, the entity shall be permitted to alter or construct a comparable residential dwelling unit to comply with Sections 11B-809.2 through 11B-809.4 or Chapter 11A, Division IV provided that the minimum number of residential dwelling units required by Sections 11B-233.3.1.1, 11B-233.3.1.2 and 11B-233.3.1.3, as applicable, is satisfied.

[2010 ADAS] EXCEPTION:  Where compliance with 809.2, 809.3, or 809.4 is technically infeasible, or where it is technically infeasible to provide an accessible route to a residential dwelling unit, the entity shall be permitted to alter or construct a comparable residential dwelling unit to comply with 809.2 through 809.4 provided that the minimum number of residential dwelling units required by 233.3.1.1 and 233.3.1.2, as applicable, is satisfied.

[2010 ADAS] Advisory 233.3.4 Alterations Exception.  A substituted dwelling unit must be comparable to the dwelling unit that is not made accessible. Factors to be considered in comparing one dwelling unit to another should include the number of bedrooms; amenities provided within the dwelling unit; types of common spaces provided within the facility; and location with respect to community resources and services, such as public transportation and civic, recreational, and mercantile facilities.

11B-233.3.4.1 Alterations to vacated buildings.

Where a building is vacated for the purposes of alteration for use as public housing, and the altered building contains more than 15 residential dwelling units, at least 5 percent of the residential dwelling units shall comply with Sections 11B-809.2 through 11B-809.4 and shall be on an accessible route as required by Section 11B-206. Residential dwelling units with adaptable features shall be provided in compliance with Section 11B-233.3.1.2. In addition, at least 2 percent of the residential dwelling units shall comply with Section 11B-809.5 _|Residential Dwelling Units with Communication Features|_

[2010 ADAS] 233.3.4.1 Alterations to Vacated Buildings.  Where a building is vacated for the purposes of alteration, and the altered building contains more than 15 residential dwelling units, at least 5 percent of the residential dwelling units shall comply with 809.2 through 809.4 and shall be on an accessible route as required by 206. In addition, at least 2 percent of the residential dwelling units shall comply with 809.5.

Exception:  Where any portion of a building’s exterior is preserved, but the interior of the building is removed, including all structural portions of floors and ceilings and a new building intended for use as public housing is constructed behind the existing exterior, the building is considered a new building for determining the application of this chapter.

[2010 ADAS] Advisory 233.3.4.1 Alterations to Vacated Buildings.  This provision is intended to apply where a building is vacated with the intent to alter the building. Buildings that are vacated solely for pest control or asbestos removal are not subject to the requirements to provide residential dwelling units with mobility features or communication features.

11B-233.3.4.2 Alterations to individual residential dwelling units.

In public housing facilities with individual residential dwelling units, where a bathroom or a kitchen is substantially altered, and at least one other room is altered, the requirements of Section 11B-233.3.1 shall apply to the altered residential dwelling units until the total number of residential dwelling units complies with the minimum number required by Sections 11B-.,233.3.1.1, 11B-233.3.1.2 and 11B-233.3.1.3. Residential dwelling units required to comply with Sections 11B-233.3.1.1 and 11B-233.3.1.2 shall be on an accessible route as required by Section 11B-206.  

[2010 ADAS] 233.3.4.2 Alterations to Individual Residential Dwelling Units.  In individual residential dwelling units, where a bathroom or a kitchen is substantially altered, and at least one other room is altered, the requirements of 233.3.1 shall apply to the altered residential dwelling units until the total number of residential dwelling units complies with the minimum number required by 233.3.1.1 and 233.3.1.2. Residential dwelling units required to comply with 233.3.1.1 shall be on an accessible route as required by 206.

Exception:  Where public housing facilities contain 15 or fewer residential dwelling units, the requirements of Sections 11B-233.3.1.1, 11B-233.3.1.2, and 11B-233.3.1.3 shall apply to the total number of residential dwelling units that are altered under a single contract, or are developed as a whole, whether or not located on a common site.

[2010 ADAS] EXCEPTION:  Where facilities contain 15 or fewer residential dwelling units, the requirements of 233.3.1.1 and 233.3.1.2 shall apply to the total number of residential dwelling units that are altered under a single contract, or are developed as a whole, whether or not located on a common site.

[2010 ADAS] Advisory 233.3.4.2 Alterations to Individual Residential Dwelling Units.  Section 233.3.4.2 uses the terms "substantially altered" and "altered." A substantial alteration to a kitchen or bathroom includes, but is not limited to, alterations that are changes to or rearrangements in the plan configuration or replacement of cabinetry. Substantial alterations do not include normal maintenance or appliance and fixture replacement, unless such maintenance or replacement requires changes to or rearrangements in the plan configuration or replacement of cabinetry. The term "alteration" is defined both in Section 106 of these requirements and in the Department of Justice ADA regulations.

11B-233.3.5 Dispersion.

In public housing facilities, residential dwelling units required to provide mobility features complying with Sections 11B-809.2 through 11B-809.4 and residential dwelling units required to provide communication features complying with Section 11B-809.5, and adaptable features complying with Chapter 11A, Division IV shall be dispersed among the various types of residential dwelling units in the facility and shall provide choices of residential dwelling units comparable to, and integrated with, those available to other residents.

[2010 ADAS] 233.3.5 Dispersion.  Residential dwelling units required to provide mobility features complying with 809.2 through 809.4 and residential dwelling units required to provide communication features complying with 809.5 shall be dispersed among the various types of residential dwelling units in the facility and shall provide choices of residential dwelling units comparable to, and integrated with, those available to other residents.

Exception:  In public housing facilities where multi-story residential dwelling units are one of the types of residential dwelling units provided, one-story residential dwelling units shall be permitted as a substitute for multi-story residential dwelling units where equivalent spaces and amenities are provided in the one-story residential dwelling unit.

[2010 ADAS] EXCEPTION:  Where multi-story residential dwelling units are one of the types of residential dwelling units provided, one-story residential dwelling units shall be permitted as a substitute for multi-story residential dwelling units where equivalent spaces and amenities are provided in the one-story residential dwelling unit.

11B-233.3.6 Graduate student and faculty housing at a place of education.

Housing facilities that are provided by or on behalf of a place of education, with residential dwelling units leased on a year round basis exclusively to graduate students or faculty, and that do not contain any public use or common use areas available for educational programming, are not subject to Section 11B-224 and shall comply with Section 11B-233

ETA Editor's Note

This Access Board Note was taken from ADA Title II §35.151(e) New Construction and Alterations; Social Service Center Establishments, and ADA Title III §36.406(d) Standards for New Construction and Alterations; Social Service Center Establishments:

[ADA Titles II & III] U.S. Access Board's Note to Reader:

The Department of Justice’s ADA standards also require the following:

Social service center establishments.  Group homes, halfway houses, shelters, or similar social service center establishments that provide either temporary sleeping accommodations or residential dwelling units that are subject to this part _|of the Title III regulation or to this section of the Title II regulation|_ shall comply with the provisions of the 2010 Standards applicable to residential facilities, including, but not limited to, the provisions in sections 233 and 809.

(1) In sleeping rooms with more than 25 beds covered by this part _|of the Title III regulation or to this section of the Title II regulation|_, a minimum of 5% of the beds shall have clear floor space complying with section 806.2.3 of the 2010 Standards.

(2) Facilities with more than 50 beds covered by this part _|of the Title III regulation or to this section of the Title II regulation|_ that provide common use bathing facilities shall provide at least one roll-in shower with a seat that complies with the relevant provisions of section 608 of the 2010 Standards.  Transfer-type showers are not permitted in lieu of a roll-in shower with a seat, and the exceptions in sections 608.3 and 608.4 for residential dwelling units are not permitted.  When separate shower facilities are provided for men and for women, at least one roll-in shower shall be provided for each group.

ETA Editor's Note

This Access Board Note was taken from ADA Title II §35.151(f) New Construction and Alterations; Housing at a Place of Education, and ADA Title III §36.406(e) Standards for New Construction and Alterations; Housing at a Place of Education:

[ADA Titles II & III] U.S. Access Board's Note to Reader:

The Department of Justice’s ADA standards also require the following:

Housing at a place of education.  Housing at a place of education that is subject to this part _|of the Title III regulation or to this section of the Title II regulation|_ shall comply with the provisions of the 2010 Standards applicable to transient lodging, including, but not limited to, the requirements for transient lodging guest rooms in sections 224 and 806, subject to the following exceptions. For the purposes of the application of this section, the term "sleeping room" is intended to be used interchangeably with the term "guest room" as it is used in the transient lodging standards.

(1) Kitchens within housing units containing accessible sleeping rooms with mobility features (including suites and clustered sleeping rooms) or on floors containing accessible sleeping rooms with mobility features shall provide turning spaces that comply with section 809.2.2 of the 2010 Standards and kitchen work surfaces that comply with section 804.3 of the 2010 Standards.

(2) Multi-bedroom housing units containing accessible sleeping rooms with mobility features shall have an accessible route throughout the unit in accordance with section 809.2 of the 2010 Standards.

(3) Apartments or townhouse facilities that are provided by or on behalf of a place of education, which are leased on a year-round basis exclusively to graduate students or faculty and do not contain any public use or common use areas available for educational programming, are not subject to the transient lodging standards and shall comply with the requirements for residential facilities in sections 233 and 809 of the 2010 Standards.

[MORE INFO...]

*You must sign in to view [MORE INFO...]