2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
11B-233 Residential facilities.
11B-233.1 General.
Public housing facilities with residential dwelling units available for public use shall comply with Section 11B-233. See Chapter 2, Section 202 of this code for the definition of Public Housing.
[2010 ADAS] 233.1 General. Facilities with residential dwelling units shall comply with 233.
ETA Editor's Note
For residential facilities, the ADA scoping requirements are included for information. The CBC scoping requirements are more inclusive. Many of the CBC accessibility requirements relating to residential facilities are located in Chapter 11A, administered by the California Department of Housing and Community Development (HCD), rather than Division of the State Architect - Access Compliance (DSA-AC), which only has jurisdiction over public housing and private housing available for public use.
For ADA scoping requirements of Title II §35.151(e) New Construction and Alterations; Social Service Center Establishments, Title III §36.406(d) Standards for New Construction and Alterations; Social Service Center Establishments, and also Title II §35.151(f) New Construction and Alterations; Housing at a Place of Education, and Title III §36.406(e) Standards for New Construction and Alterations; Housing at a Place of Education, see U.S. Access Board's Note To Reader after Section 11B-233.3.6.
Chapter 11B does not apply to a private entity simply because it is a recipient of funds from a public entity. A private owner of housing facilities may be a beneficiary of funds from a public entity without triggering compliance with Chapter 11B when the funding is intended for projects that do not implement a public housing program, including but not limited to seismic mitigation, and energy efficiency upgrades.
In public housing projects, the accessibility requirements of Chapter 11B are triggered when there are one or more units. ◼
[2010 ADAS] Advisory 233.1 General. Section 233 outlines the requirements for residential facilities subject to the Americans with Disabilities Act of 1990. The facilities covered by Section 233, as well as other facilities not covered by this section, may still be subject to other Federal laws such as the Fair Housing Act and Section 504 of the Rehabilitation Act of 1973, as amended. For example, the Fair Housing Act requires that certain residential structures having four or more multi-family dwelling units, regardless of whether they are privately owned or federally assisted, include certain features of accessible and adaptable design according to guidelines established by the U.S. Department of Housing and Urban Development (HUD). These laws and the appropriate regulations should be consulted before proceeding with the design and construction of residential facilities.
Residential facilities containing residential dwelling units provided by entities subject to HUD's Section 504 regulations and residential dwelling units covered by Section 233.3 must comply with the technical and scoping requirements in Chapters 1through 10 included in this document. Section 233 is not a stand-alone section; this section only addresses the minimum number of residential dwelling units within a facility required to comply with Chapter 8. However, residential facilities must also comply with the requirements of this document. For example: Section 206.5.4 requires all doors and doorways providing user passage in residential dwelling units providing mobility features to comply with Section 404; Section 206.7.6 permits platform lifts to be used to connect levels within residential dwelling units providing mobility features; Section 208 provides general scoping for accessible parking and Section 208.2.3.1 specifies the required number of accessible parking spaces for each residential dwelling unit providing mobility features; Section 228.2 requires mail boxes to be within reach ranges when they serve residential dwelling units providing mobility features; play areas are addressed in Section 240; and swimming pools are addressed in Section 242. There are special provisions applicable to facilities containing residential dwelling units at: Exception 3 to 202.3; Exception to 202.4; 203.8; and Exception 4 to 206.2.3.
11B-233.2 Reserved.
[2010 ADAS] 233.2 Residential Dwelling Units Provided by Entities Subject to HUD Section 504 Regulations. Where facilities with residential dwelling units are provided by entities subject to regulations issued by the Department of Housing and Urban Development (HUD) under Section 504 of the Rehabilitation Act of 1973, as amended, such entities shall provide residential dwelling units with mobility features complying with 809.2 through 809.4 in a number required by the applicable HUD regulations. Residential dwelling units required to provide mobility features complying with 809.2 through 809.4 shall be on an accessible route as required by 206. In addition, such entities shall provide residential dwelling units with communication features complying with 809.5 in a number required by the applicable HUD regulations. Entities subject to 233.2 shall not be required to comply with 233.3.
[2010 ADAS] Advisory 233.2 Residential Dwelling Units Provided by Entities Subject to HUD Section 504 Regulations. Section 233.2 requires that entities subject to HUD's regulations implementing Section 504 of the Rehabilitation Act of 1973, as amended, provide residential dwelling units containing mobility features and residential dwelling units containing communication features complying with these regulations in a number specified in HUD's Section 504 regulations. Further, the residential dwelling units provided must be dispersed according to HUD's Section 504 criteria. In addition, Section 233.2 defers to HUD the specification of criteria by which the technical requirements of this document will apply to alterations of existing facilities subject to HUD's Section 504 regulations.
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:
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The primary entry of the multi-story residential dwelling unit shall be on an accessible route on the floor served by the elevator.
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At least one powder room or bathroom and kitchen shall be located on the primary entry level.
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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:
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The primary entry of the multi-story residential dwelling unit shall be on an accessible route.
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At least one powder room or bathroom shall be located on the primary entry level.
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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.
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