HomeMy WebLinkAbout8.3 New Home Universial Design
CITY CLERK
File # Dm~-[(]OJ
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 5,2006
SUBJECT:
Universal Design Ordinance
Report by Gregory Shreeve, Building Official and
Kristi Bascom, Senior Planner
ATTACHMENTS:
1)
Sample State of California New Home Universal Design
Checklist.
State-certified Model Universal Design Ordinance.
2)
RECOMMENDATION:
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2)
Receive Staff Report; and
Provide direction to Staff on whether a Universal Design
Ordinance should be prepared or whether the City Council is
satisfied with the current State law requirements related to
universal design.
FINANCIAL STATEMENT:
None at this time. However, if the Council determines at a later date
that a local universal design ordinance should be implemented, there
may be additional costs associated with plan checking and
inspections.
PROJECT DESCRIPTION:
Background
Adopted by the City Council and certified by the State in 2003, Dublin's Housing Element contains a
number of policies aimed at promoting equal housing opportunities for Dublin residents. Program E.2.1
of the Housing Element states that "the City will evaluate the feasibility of a universal design ordinance
that provides for greater adaptability and accessibility of housing for persons with disabilities." In an
effort to implement this program of the Housing Element, the City Council listed as a high priority goal in
the 2006/2007 Goals and Objectives, the preparation of a universal design ordinance for adoption as an
amendment to California Building Code requirements.
In an effort to assist the City Council in determining the feasibility and desirability of adopting a universal
design ordinance, Staff has prepared some background information to describe the current universal
design requirements that are dictated by State law, and also information on the limitations that are now in
place for the text of any local ordinance related to universal design.
Universal design is defined as the design of products and residential environments to be usable by all
people, to the greatest extent possible, without the need for adaptation or specialized modifications.
COPY TO: File
Page 1 of 4
ITEM NO.-B3
G:\Universal Design Ordinance\CC Staff Report informational.doc
Universal design benefits persons of all ages and abilities, including seniors and persons with disabilities.
The concept behind universal design is that, if desired, a new residence can be built with certain design
features that will make living in that home easier for someone with limited mobility, strength, or
functionality. Such features include door handles that are easier to grasp, doorways that are wider and
easier to navigate through, electrical outlets that are located higher on the wall and easier to reach, and
grab bars in baths and showers to provide stability and support.
The guiding principles behind universal design are that the features should be useful to people with
diverse abilities, are easy to understand and utilize, require limited physical effort, and provide appropriate
space and size regardless of the user's body size, posture, or mobility.
Current State requirements regarding universal design
In 2003, the California State Legislature adopted Assembly Bill AB 1400, which requires a builder of
new, for sale residential units, to provide potential buyers with a checklist of universal design features that
could be included in their new home (Attachment 1). AB 1400, which later became Section 17959.6 of
the California State Health and Safety Code, requires the builder to offer the checklist and inform the
consumer of the status of availability of these universal design features, but it does not require the builder
to actually offer or install any particular feature.
The State-certified checklist, which must be provided to the potential buyer, is divided into 3 sections, as
follows:
Part I includes those features related to exterior adaptations, doors and openings, interior
adaptations, kitchens, and bathrooms or powder rooms.
Part II includes features that apply to other parts of the house and are commonly requested or
considered universal design features.
Part III provides space for details, or for any other external or internal feature that may be
requested, if it is requested at a reasonable time by the buyer, is reasonably available, is reasonably
feasible to install or construct, and makes the home more usable and safer for a person with any
type of activity limitation or disability.
For each of the universal design features on the checklist, the builder is required to identify the four
following categories:
1. Status: Whether the feature is standard, limited, an option, or not available, as determined by the
builder.
2. Timing: By what stage in construction the feature must be requested (such as "any time", "before
foundation", "before framing", or "before internal wall covering"), with actual times selected by
the builder.
3. Details: Whether or not there are additional details or specified modifications from the Building
Code.
4. Cost: Optional labor and materials costs (estimated by the builder).
Not every feature listed on the checklist must actually be available or offered by the builder. In addition,
certain items must be requested prior to certain phases of construction, as specified by the builder. The
builder may also provide estimated costs for the special features. A builder is not required to install the
listed features unless the builder offers them and both of the following occur: (1) the buyer requests them
with the specified phase of construction, and (2) the buyer agrees to provide payment for the features.
Attachment 1 to this Staff Report is a sample State of California New Home Universal Design Checklist
for one of the multi-story residential projects currently under construction in Dublin. As the checklist
indicates, many of the universal design features on the checklist are already offered as a standard feature
in this development. Also, there are a number of features that are offered as options that the future buyer
could choose to have installed, and there are few features that are not offered at all. This sample checklist
indicates that although builders are not required to offer the features (they are only required to provide the
checklist), many of the features are being offered as required by other State laws and market demands.
Under the State Law requirements, the City of Dublin plays no role in enforcing whether the checklist is
actually provided to each new homebuyer, and it is up to the builder to comply with State Law. However,
through the City's plan check process, the City Building Division does verify that the builder has a
checklist to provide to future homeowners in compliance with Section 17959.6 of the California State
Health and Safety Code.
ANALYSIS:
Optional Local Ordinance
Some jurisdictions in the State of California have adopted local ordinances requiring universal design
features in new homes. In 2005, the State of California Department of Housing and Community
Development (HCD) certified a model Universal Design Ordinance that can be adopted voluntarily by
cities and counties (Attachment 2).
The model ordinance has been drafted and certified by the State of California Department of Housing and
Community Development as required by another State Assembly Bill, AB 2787, so if a city chooses to
adopt a local ordinance to address universal design requirements, the ordinance must be adopted in
substantially the same form as the model ordinance, which does not allow for much deviation to tailor the
ordinance to local conditions.
The model ordinance identifies rooms and denotes features which must be offered by a builder in
residential units subject to the ordinance that are being newly-constructed or substantially rehabilitated.
Such features must only be installed if requested by the buyer/owner and which would not cause an
unreasonable delay or significant un-reimbursable costs to the developer or builder. Because the model
ordinance states which universal design features must be offered to homeowners (but not installed unless
chosen), the requirements are above and beyond the current State law, which simply requires that the
checklist of universal design features and their availability be provided to future homeowners.
In general, the model ordinance provides definitions for critical terms related to universal design, local
options as to types and number of units (owner-occupied and/or rental) to which the ordinance will be
applied, and specific exemptions and enforcement mechanisms. The model ordinance also contains
examples of rooms and areas in covered units for which it is mandatory to offer certain design features,
such as an accessible path of travel to dwelling, at least one bathroom or powder room on the primary
entry level, handrail and handrail reinforcement in hallways, and entry door high/low peep hole viewer.
Under the model ordinance, it is not required that the builder install any feature nor is it required that the
builder is responsible for paying the cost of installing the feature.
If a local ordinance is adopted, the City will then be in the role of enforcing whether or not the ordinance
is complied with through the building permit process.
Other California Building Code requirements related to adaptability/accessibility
In addition to the various universal design features that can be provided in any type of residential unit,
there are other State mandates that also provide accessible features in certain types of homes.
In multi-family developments where there are more than 4 units and there is an elevator (i.e The Terraces
at Dublin Ranch), California Building Code requires that all single-level units be adaptably-designed.
This requirement exceeds universal design requirements in that features such as handrail reinforcement
inside the walls not only need to be offered, but they need to be installed by the builder. This would allow
the unit to be adapted at a later date to be disabled-accessible.
Another requirement of the California Building Code for multi-family developments where there are more
than 4 units that are designed as a townhouse (multi-level) style (i.e. The Willows project by Braddock
and Logan), is at least 10% of the units in the development must provide an accessible entrance to the
ground floor, an accessible room on the ground floor, and an accessible bathroom on the ground floor
(unless exempted by site impracticality). Additionally, all other rooms on the primary entry level in these
units shall also be accessible.
These State-mandated requirements ensure that multi-family projects (more than 4 units in size), include
features that often exceed the universal design standards and provide accessibility for future residents.
Options for City Council consideration
Staff is seeking direction from the City Council as to whether a local universal design ordinance should be
prepared.
If a local ordinance is prepared, State law requires that the local ordinance be substantially the same as the
State model ordinance. If the City Council determines that a local universal design ordinance will not
offer a community benefit that is not already being met by the State requirements explained in this Staff
report, a local ordinance will not be prepared. In this case, the State requirements to provide notification
to future homeowners of the availability of universal design features (through the existing checklist
process) in combination with the other State requirements to provide accessible and adaptable units and
features in multi-family residential buildings, will continue to address the need for accessible and
adaptable units.
If the City Council directs Staff to prepare a local ordinance, Staff proposes to bring the draft ordinance to
the Housing Committee for their review and input, and Staff will also schedule a meeting with developers
and building industry professionals to solicit their input. After feedback is received from these two
groups, Staff will finalize the draft ordinance for City Council review and approval.
RECOMMENDATION:
Staff recommends that the City Council provide direction to Staff on whether a Universal Design
Ordinance should be drafted or whether the City Council is satisfied with the current State law
requirements related to universal design.
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SAMPLE
STATE OF CALIFORNIA
NEW HOME UNIVERSAL DESIGN CHECKLIST CAB 1400)
Name of Development, if applicable
Home/Lot Address/ID
----~--------
Developer (Contact) Name_ -~ . '" .~. __
Phone#~~~~_ p ---,.-.,!ax_~ ~"V'" , f" '-'~~__
Address
California law, section 17959.6 of the Health and Safety Code, requires a builder of new for-sale
residential units to provide potential buyers with a list of specific "universal design features" which
make a home safer and easier to use for persons who are aging or frail, or who have certain
temporary or permanent activity limitations or disabilities.
Part / of this Checklist includes those features related to exterior adaptations, doors and openings,
interior adaptations, kitchens, and bathrooms or powder rooms.
Part II of this Checklist includes features which apply to other parts of the house and are commonly
requested or considered universal design features.
Part 11/ provides space for details, or for any other external or internal feature that may be requested,
if it is requested at a reasonable time by the buyer, is reasonably available, is reasonably feasible to
install or construct, and makes the home more usable and safer for a person with any type of activity
limitation or disability.
All features covered by "Chapter 11A" of the California Building Code-(Title 24, CA Code of
Regulations, Part 2) are identified by an asterisk (*) and must comply with that Chapter unless
otherwise specifically provided. All features not in Chapter 11A must be selected and installed in a
workmanlike manner by the builder unless they are further described in Part /1/.
Not every feature listed must actually be available or offered by the builder. In addition, certain items
must be requested prior to certain phases of construction, as specified by the builder. The builder
may provide estimated costs for the special features. The features must be installed and comply with
Chapter 11A, unless the builder and buyer agree in writing to different standards than those in
Chapter 11A and the differences are clearly disclosed in Part /1/. A builder is not required to install
the listed features unless the builder offers them and both of the following occur: (1) the buyer
requests them with the specified phase of construction, and (2) the buyer agrees to provide payment
for the features. .AJ1y violation of this law is enforced by the local building department and local public
prosecutors, and is punishable by civil penalties.
The attached chart lists the specific features which must be disclosed, as well as others commonly
requested but not required by law. There are four categories for each feature:
· "status": whether it is standard ("S"), limited ("L"), an option ("0"), or not available ("NN), all as
determined by the builder.
· "Timing": by what stage in construction it must be requested (such as "any time", "before
foundation", "before framing", or "before internal wall covering"), with actual times selected by
the builder.
· "Details": whether or not there are additional details or specified modifications from the Building
Code listed in the "Additional Details" section, Part III (e.g., "Yes" or "No").
· Cost": optional labor and materials costs which may be estimated by the builder.
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Attachment 1
Model Universal Design Checklist (10/28/05)
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Page 2
PART I: General Exterior and Interior Components and Features
Feature
Exterior Adaptations
Accessible route of travel to d\Nelling from public sidewalk or
thoroughfare to primary entrance
Graded path"
Ramp"
Driveway to graded path
No-step entry (1/2" or less th resh old)*
Accessible landscaping of at least one side yard
and rear yard
Accessible route from garage/parking to home's primary entry"
Accessible route from garage/parking to secondary entry
Other options offered by builder [List in Part III]
Status Timinq Details Cost
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Exterior Doors, Openings, and Entries:
Minimum 32" clear primary entry doorway" -S-
Minimum 32" clear secondary entry doorway* ~
Primary entry accessible internal/external maneuvering
clearances, hardware, thresholds, and strike edge clearances* ~
Secondary entry accessible intemal/external maneuvering
clearances, hardware, thresholds, and strike edge clearances* -S-.
Primary entry accessible/dual peephole and doorbell J2.
Primary entry door sidelight/window ii/.l-
Accessible sliding glass door and threshold height" ~
Weather-sheltered entry area ~
Other options offered by builder [List in Part III]
General Interior Modifications
Accessible route oftravel to at least one bathroom/powder room,
kitchen, and common room* ..s..
Accessible route oftravel: other areas* il/ii
42" wide hallways/maneuvering clearances with 32" clear
doorways on accessible route*
39" wide hallways/maneuvering clearances with 34" clear
doorways on accessible route"
Accessible hallway and doorway widths: other areas*
Accessible hardware, strike edge clearance, and thresholds for
accessible doorways* ..2_
Light switches, electric receptacles, and environmental and alarm
controls at accessible heights on accessible route/rooms* 2
Light switches, electric receptacles, and environmental and
alarm controls at accessible heights on primary floor"
Light switches, electric receptacles, and environmental and
alarm controls at accessible locations Vvi1en over barriers*
Rocker light switches/controls on accessible routelrooms
Rocker light switches/controls on primary floor
Visual smoke/fire/carbon monoxide alann
Audio and visual doorbell
Audio and visual security alarm
Closets on accessible route: adjustable (36"-60") rods/shelves
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Abbreviation Meanings: Standards in CA Bldg Code (Chapter 11A), (...."); Status: Standard ("S"), Limited ("L"),
Option ("0"), or Not Available ("NA"); Timinq: Any Time ("AT"), Before Foundation ("BFo"), Before Framing ("BFr"),
Before Internal Wall Covering ("BIW"); Details: See Part III ("Y" or "Yes"), None ("N" or "No").
3 of 10
Model Universal Design Checklist (10/28/05) Page 3
Featu re Status Timinq Details Cost
Nonslip carpet/floor for accessible route ~- $-
Handrail reinforcement (1 side) provided in all accessible &L -L $ .15iJ.
routes of travel/rooms over 4 feet long ...!L
Handrails (1 side) provided in all accessible routes of U- L $ 55/).
travel/rooms over 4 feet in length .12_
Handrail reinforcement (2 sides) provided in all accessible U- .L $.J.Mo.
routes of travellrooms over 4 feet in length ..lL
Handrails (2 sides) provided in all accessible routes of ..1.2_ if y $/5()().
travellrooms over 4 feet in length
Handrail reinforcement or handrails installed in other areas ..lL L $..zZz>
Interior lifts/elevators:
Interior stairway lift &tl $-
Interior elevator i/f;- $-
Electrical and reinforcement for future lift ;;1 $-
Electrical and location for future elevator $-
Laundry Area, if provided:
Accessible route of travel -S._ $-
Accessible workspace ~- $-
Accessible cabinets ...5._ $-
Accessible appliances ....5._ $-
Other options offered by builder [List in Part III]
Kitchen
At least one kitchen on accessible route oftravel ~ $-
Adequate \Wrklfloor space in front of: -S-
Stove (specify 30"x48" or greater)'" $-
Refrigerator (specify 30"x48" or greater)* -S- $-
Dishwasher (specify 30"x48" or greater)* ~- $-
Sink (specify 30"x48" or greater)* ~- $-
Oven (if separate) (specify 30"x48" or greater)* ...:L $-
U-shaped kitchen space requirements* .....:L $-
Other (specify 30"x4S" or greater)*
Accessible appliances (doors, controls, etc.)
Stove ~ $-
Refrigerator $-
Dishwasher -:L $-
Sink _.:2- $-
Oven (if not part of stove) ~ ~ =e= $
Microwave/receptacle at countertop height -'L $~.
Oth er appliances
Accessible countertops
All or a speciiied portion repositionable* P /A $-
One or more breadboards at 15" wide* and 28"-32" high L ~I :f ~
One or more counter areas at 30" wide* and 28"-32" high-'L ~~~
One or more \Wrkspaces at 3D" \/Vide with kneeltoe space " CDO.
Oth er features
Cabinets: ~
Base cabinets: pull-out and/or lazy Susan shelves -D- 1: $~t:O.
Wall cabinets: pull-out and/or lazy Susan shelves JL. /11W $ 'do
Additional interior lighting '!(l $-
Additional under-cabinet lighting =r $
Accessible h an dleslltouch latches for doors/drawers ~ liW $~.
Abbreviation Meanings: Standards in CA Bldg Code (Chapter 11A), (''*''); Status: Standard ("S"), Limited ("l"),
Option ("Oil), or Not Available ("NAil); Timinq: Any Time ("A T"), Before Foundation ("BFo"), Before Framing ("BFr") ,
Before Internal Wall Covering ("BIW'); Details: See Part III ("Y" or "Yes"), None ("N" or "No").
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Model Universal Design Checklist (10/28/05) Page 4
Feature Status Timinq Details Cost
Under-cabinet roll-out carts ~ $-
Oth er features
Sink: #/-i-
Repositionable height* $-
Removable base cabinets under sink* !.2.. $--
Single-handle lever faucet* 2_ $-
Hose/sprayer feature ...:2._ r $
Anti-scald device .....r:L ?if- $~.
Oth er features
Contrasting Colors: ji =f $~.
Edge border of cabinets/counters ...Q-
Flooring: in front of appliances JL $'"
Flooring: on route of travel --'2._ $ ~.
Oth er fe atu res
Other options offered by builder [List in Part III]
Bathroom/Powder Room
At least one full bathroom on accessible route of travel -5.- $-
Maneuvering Space (For bathrooms and powder room)
Maneuvering space diameter '
30" x 48" turning area* 2- $-
60" diameter turning area ...s..... $-
Clear space for toilet and sin-k
36" x 36" clear use area ..:S $-
30" x 48" clear use area* -=2... $-
Bathtub and/or shower (For bathrooms only)
Standard bathtub with grab bar reinforcement* ...s...- ~ :f $-
Standard bathtub with grab bars* .....2- $ .3/;1).
Accessible bathtub (size* and handles) JL $~.
Stan dard shower with grab bar reinforcement* ra $-
Standard shower with grab bars* $-
Accessible (roll-in) shower'" $-
Single-handle lever faucets* ~- ;g. y $-
Offset controls for exterior use 0_ $4-'>00.
Toilet (For bathrooms or powder room)
Standard toilet with grab bar reinforcement* ...2._ :f $
Standard toilet with gra,b bars* ...!2.._ ~ $~.
Accessible toilet with grab bars* .12._ $300.
Sink/lavatory (For bathrooms or powder room) ~ -L
Standard with undersink cabinets ...D.._ $~'
Standard with removable base cabinets* .JL .1. $ .
Pedestal or open front* A_ ~ $ .
Accessories (For bathroom or powder room) ~ '( $ /t;/J.
lower/accessible medicine chest .....D._
Accessible cou nter space near sin k 1= y $~.
Single-handle lever faucets* i $-
Anti-scald devices for sink -D- $/6().
Accessible handles/ltouch latches for doors/drawers JL $:6.IlIJ.
lower towel rack(s) -P_ $ .LtJ/).
lowerltilted mirror(s) JL $./$) .
Contrasting floor color .....rL $~.
Fold-downlfixed shower seat(s) 1L $~lJ.
Abbreviation Meanings: Standards in CA Bfdg Code (Chapter 11A), ("*"); Status: Standard ("S"), Limited ("l"),
Option ("0"), or Not Available ("NA"); Timinq: Any Time ("A T"), Before Foundation ("BFo"), Before Framing ("B Fr") ,
Before Internal Wall Covering ("BIW"); Details: See Part III ("Y" or "Yes"), None ("N" or "No").
Model Universal Design Checklist (10/28/05)
Feature
Accessible toilet tissue holder
H and-held adjustable shower spray unites)
Other options offered by builder [List in Part III]
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Page 5
status Timinq Details Cost
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Part II: Other Components and Features
Com mon Room
Dining room on accessible route oftravel*
Living room on accessible route oftravel*
Den on accessible route of travel*
Split-level common room with accessible route oftravel*
No split level common room*
Other options offered by builder [List in Part Ill]
Bedroom
One bedroom on accessible route of travel
Two or more bedrooms on accessible route oftravel
Closets have minimum 32" clear opening*
Larger 'walk-in" closets
Closets have adjustable (36"_60") shelves and bars
Other options offered by builder [List in Part III]
Laundry Area
Laundry area on accessible bath oftravel
Accessories:
Accessible workspace
Accessible cabinets
Accessible handles/ltouch latches for doors/drawers
Accessible appliances
Other options offered by builder [List in Part III]
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Abbreviation Meanings: Standards in CA Bldg Code (Chapter 11A), ("*"); Status: Standard ("S"), Limited ("L"),
Option ("0"), or Not Available ("NA"); Timing: Any Time ("Ar), Before Foundation ("BFo"), Before Framing ("BFr") ,
Before Internal Wall Covering ("BIW"); Details: See Part III ('Y" or 'Yes"), None ("N" or "No").
6b/(~
Model Universal Design Checklist (10/28105)
Page 6
Part III: Additional Details, Components. or Features
A. External Features: Buyer Request (Any other additional external feature requested at a
reasonable time by the buyer that is reasonably available and reasonably feasible to install or
construct and makes the residence more usable for a person with activity limitations or
disabilities in order to accommodate them). These may include features such as high-visibility
address numbers, electronic garage door openers, additional lights, door bench or package
shelf, oversize garage, zero-step house/garage entry, etc. (Attached as Part III. A: __Yes ~No)
B. External Features: Builder Offer (Any other additional external feature offered to the buyer
by the builder that makes the residence more usable for a person with disq,bilities or activity
limitations in order to accommodate then). (Attached as Part III.B: _Yes ~No)
C. Internal Features: Buyer Request (Any other additional internal feature requested at a
reasonable time by the buyer that is reasonably available and reasonably feasible to install or
construct and makes the residence more usable for a person with activity limitations or
disabilities in order to accommodate them). These may include features such as lowered
window sills (under 36"), additional lighting, "touch" luminous light switches, automatic internal
lights, additional wiring for electronic features, lighted closets, air filtratio7n systems, larger/more
automatic thermostats, pocket doors, etc. (Attached as Part III.C: _Yes __N)
D. Internal Features: Builder Offer (Any other additional internal feature offered to the buyer
by the builder that makes the residence more usable for a person with acti~ty limitations or
disabilities in order to accommodate them). (Attached as Part 111.0: _Yes ~No)
E. Variation from State Chapter 11A Standards: (Any mutually agreed-upon features with
standards different than Chapter 11A of the California Building Code, including clearly identified
deviations from those standards). (Attached as Part III.E: __Yes ~No)
F. Additional features or requirements: (Any mutually agreed-upon features not covered by
Chapter 11A of the California Building Code for which additional detail would be helpful to the
builder and buyer, including clearly identified standards.) (Attached as Part III.F: __Yes _No)
Form Provided by Builder to Buyer:
Builder Initials/Date
Buyer Initials/Date
No Universal Design Features Requested:
Buyer Signature/Date
Universal Design Features Identified
And Agreed To By Builder and Buyer:
Buyer Signature/Date
Builder Signature/Date
Abbreviation Meanings: Standards in CA Bldg Code (Chapter 11A), ("*"); Status: Standard ("S"), Limited ("l"),
Option ("0"), or Not Available ("NA"); Timing: AnyTime ("AT"), Before Foundation ("BFo"), Before Framing ("BFr") ,
Before Internal Wall Covering CBIW"); Details: See Part III ('Y" or "Yes"), None ("N" or "No").
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STATE OF CALIFORNIA
Department of Housing and Community Development
HCD Model Universal Desiqn Local Ordinance (AB 2787l
I. Purpose and Intent
[To be provided by adopting local government]
II. Findinqs
[Required by H&SC section 17959-to be provided by local government]
III. Definitions. For the purpose of this [ordinance/chapter), the following terms shall have
the following definitions:
Accessible: Consistent with or as defined by the California Building Code, Chapter
11A.
ANSI A117.1: The most current version of the "Standard on Accessible and Usable
Buildings and Facilities", commonly known as "ICC/ANSI A 117.1 ", published by the
International Code Council and American National standards Institute, Inc.
Bathroom: A room containing a toilet (water closet), lavatory (sink), and either a
shower, bathtub, combination bathtub/shower, or both a shower and bathtub. It includes a
compartmented bathroom in which the fixtures are distributed among interconnected
rooms.
Building Department: As defined by the California Building Code.
Building Official: As defined by the California Building Code.
CBC, Chapter 11A: Chapter 11A of the California Building Code (located in Part 2,
Title 24, California Code of Regulations), or its successor provisions.
City/County Financial Assistance: [if applicable, local government shall define
consistent with local ordinances, and may include or exclude any local funds: local tax-
exempt or taxable bonds, redevelopment agency funds, general funds, housing trust fund
or impact funds, etc.]
City/County Nonfinancial Assistance: [if applicable, local government shall
define consistent with local ordinances, and may include expedited or front-of-the-line
permit processing, density bonuses or other discretionary zoning approvals, specified fee
waivers, etc.]
Common Use Room: A room commonly used by residents or guests to
congregate.
Condominium: As defined by the California Building Code.
Custom-built: home: [Local government shall define consistent with local
ordinances.]
Dwelling Unit: As defined by the California Building Code.
New Construction: [Loca! government shall define consistent with local
ordinances. However, the definition for "new construction" shall explicitly exclude
"substantial rehabilitation" as defined in this ordinance.]
Owner-Occupied: Any residential dwelling unit not intended, at the time of
application for the building permit, to be occupied as a rental dwelling.
Powder Room: A room containing a toilet (water closet) and lavatory (sink), but
no bathtub or shower. It includes a compartmented powder room in which the fixtures are
distributed among interconnected rooms.
Model UD Ordinance-lO-31-05-Final
1
Attachment 2
9" 0 fib
Primary Entry: The principal entrance through which most people enter a building
or residential unit, as designated by the Building Official.
Rental: Any residential dwelling unit not intended, at the time of application for a
building permit, to be occupied by the owner.
Single-Family Residential Dwelling: [Define consistent with local ordinances]
Substantial Rehabilitation: The reconstruction of the primary entry, hallway, or
one bathroom or powder room on the route from the primary entry, when that
reconstruction is required to be consistent with the most current version of the California
Building standards Code.
Visitable Residential Dwelling: A residential unit subject to the requirements of
this [ordinance/chapter] by virtue of being within the scope of this [ordinance/chapter] as
defined in [section IV, below, and "Standards" paragraphs].
IV. Scooe and Apolication
A. Unit Coveraae: [_ percent L%) of OR All] residential dwelling units which
are, or are intended to be, [owner-occupied OR rental OR owner-occupied and rental] for
which an application for a new construction building permit is submitted to the Building
Department 30 or more days after the effective date of this [ordinance/chapter]; and L
percent L%) of OR all] residential dwelling units which are, or are intended to be, [owner-
occupied OR rental OR owner-occupied and rental] for which an application for a
substantial rehabilitation building permit is submitted to the Building Department 30 or
more days after the effective date of this [ordinance/chapter] shall be Visitable Residential
Dwellings.
[NOTE: If less than 100% of any option is selected, the administrative process for
identifying or determin ing wh ich residential dwelling unit or units will be subject to the
ordinance/chapter shall be specified in this ordinance/chapter by the city/county.]
B. Unit Types: New construction and substantial rehabilitation of the following
types of residential dwellings shall be subject to this [ordinance/chapter]: [The city/county
must choose either B. 1 or B.2, or an option which is substantially the same.]
Option B.1. All single-family, duplex, and triplex residential dwellings except for
custom-built homes.
Option B.2. All single-family, duplex, or triplex residential dwellings only in
developments in which at least five single-family, duplex and triplex residential dwellings,
or any combination thereof, are being constructed within a one-year period, except for
custom-built homes.
V. Exemptions
A. When the applicant adequately demonstrates and the Building Official
determines that compliance with any portion of any regulation under this
[ordinance/chapter] would create an undue hardship, or that equivalent facilitation is not
available, an exception to that portion of the regulation shall be granted.
B. When the applicant adequately demonstrates and the Building Official
determines that compliance with any portion of any regulation under this
[ordinance/chapter] would create an undue hardship due to topographical conditions of the
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site [and/or the size of the site} [and/or other site constraints} [and/or legal constraints} and
that no equivalent facilitation is available, an exemption to that portion of the regulation
shall be granted.
C. When the applicant adequately demonstrates and the Building Official
determines that a residential dwelling unit is being reconstructed or substantially
rehabilitated as a result of a [natural disaster} [any disaster}, an exemption to all or any
portion of this [ordinance/chapter} shall be granted.
D. This ordinance shall not be applicable to any residential structure constructed or
substantially rehabilitated if the primary entry of that structure is above grade because the
primary entry is located over subterranean or grade-level parking.
VI. standards: Primary Entrance:
A. New Construction-Mandatory to Install: There are no mandatory installations
related to a Primary Entrance in a Visitable Residential Dwelling.
B. New Construction-Mandatory to Offer: The following options for the accessible
entrance on the primary entry level shall be offered and, if accepted, installed at the
request and cost of the purchaser/owner, if requested when installation is consistent with
[paragraph XIV}:
1. An exterior accessible route that is either:
a. Consistent with the requirements of CBC Chapter 11A; or
b. Not be less than forty inches (40") wide a nd not have a slope greater than
one (1) unit vertical in twenty (20) units horizontal.
2. The accessible primary entrance that is consistent with the requirements of CBC
Chapter 11A.
3. The floor or landing at and on the exterior and interior side of the accessible
entrance door that is either of the following:
a. Consistent with the requirements of CBC Chapter 11A; or
b. The width of the level area on the. side to which the accessible entrance
door swings shall extend twenty-four inches (24") past the strike edge of the door.
4. The exterior accessible entry door that is either:
a. Consistent with the requirements of CBC Chapter 11A, or
b. Have a thirty-four inch (34") net clear opening.
5. A second exterior door that is installed in a manner so that it is accessible as
provided in this [paragraph VI} with a thirty-two inch (32") net clear opening.
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6. Where at least one eyehole is provided in the accessible entry door, one shall be
at standard height and a second one that is between forty-two inches (42") and forty-four
inches (44") from the finished floor.
7. Where at least one doorbell is provided for the accessible entry door, one that is
between forty-two inches (42") and forty-eight inches (48") from the finished floor must be
offered.
C. Substantial Rehabilitation: Any substantial rehabilitation of the primary external
entrance shall comply with the requirements of [subsection B of this paragraph VI], and all
of the requirements and options in [subsection B paragraph XIII) applicable to the primary
entrance shall be offered and, if accepted, installed at the request and cost of the
purchaser/owner, if requested when installation is consistent with [paragraph XIV].
VII. Standards: Interior Routes:
A. New Construction-Mandatory to Install: There are no mandatory installations
related to I nterior Routes in a Visitable Residential Dwelling.
B. New Construction-Mandatory to Offer: The following options for accessible
interior routes on the primary entry level shall be offered and, if accepted, installed at the
request and cost of the purchaser/owner, if requested when installation is consistent with
[paragraph XIV]:
1. At least one accessible route through the hallways consistent with the
requirements of CBC Chapter 11A from the accessible entrance of the dwelling unit to the
primary entry level powder room or bathroom, a common use room, and the kitchen if
located on the primary entry level.
2 No sunken or raised area in the bathroom or powder room, the common use
room, and the kitchen, if on the primary entry level, on an accessible route.
3. Handrails installed in a manner consistent with CBC Chapter 11A on one or both
sides of the accessible route, at the option of the purchaser/owner.
4. Handrail reinforcement installed on one or both sides of the accessible route.
5. An accessible route with a minimum width of forty-two inches (42"). A thirty-nine
inch (39") hallway width may be provided when all doors leading to any bathroom, powder
room, common use room, or kitchen, if on the primary entry level, that must be accessible
have a minimum clear door opening of thirty-four inches (34"), and a thirty-six inch (36")
hallway width may be provided when all doors leading to any bathroom, powder room,
common use room, or kitchen on the primary entry level that must be accessible have a
minimum clear door opening of thirty-six inches (36").
C. Substantial Rehabilitation: Any substantial rehabilitation of the interior route
which leads to one primary floor powder room or bathroom shall comply with the
requirements of [subsection B of this paragraph VII) and the requirements and options in
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[subsectionB of paragraph XIII] applicable to the interior route from the primary entrance
shall be offered and, if accepted, installed at the request and cost of the purchaser/owner,
if requested when installation is consistent with [paragraph XIV].
VIII. standards: Primary Floor Powder Room/Bathroom Entrv and Facilities
A. New Construction-Mandatory to Install: There are no mandatory installations
related to the powder room, bathroom, or other facilities in a Visitable Residential Dwelling.
B. New Construction-Mandatory to Offer: The following options for the accessible
bathroom or powder room on the route from the primary entrance shall be offered and, if
accepted, installed at the request and cost of the purchaser/owner, if requested when
installation is consistent with [paragraph XIV):
1. At least one powder room or bathroom, at the option of the purchaser/owner, on
the primary entry level of a Visitable Residential Dwelling which complies with the
requirements of CBC Chapter 11A.
2. Clear space in the bathroom or powder room that is either:
a. Consistent with the requiremen1s of CBC Chapter 11A; or
b. Outside of the swing of the door and either a forty-eight inch circle, forty-
eight inches by sixty inches (48" x 60") or a sixty-inch (60") diameter circle, at the
option of the purchaser/owner.
3. A bathtub or shower meeting the requirements of ANSI A 117.1
4. Either of the following:
a. Grab bar reinforcement consistent with CBC Chapter 11A; or
b. Grab bars installed in a manner consistent with CBC Chapter 11A for the
toilet, shower/bath, or lavatory, or any combination thereof, at the option of the
purchaser/owner.
5. Faucets and handles not requiring tight grasping, pinching, or twisting of the
wrist and consistent with the requiremen1s of CBC Chapter 11A.
6. A lavatory or sink installed consistent with CBC Chapter 11A.
7. A toilet installed consistent with CBC Chapter 11A.
8. Removable cabinets under the lavatory/sink.
9. Where mirrors and towel fixtures are provided in the accessible bathroom or
powder room, installation consistent with the requirements of CBC Chapter 11A.
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C. Substantial Rehabilitation: Any substantial rehabilitation of one powder room
or bathroom on the route from the primary entrance shall comply with the requirements of
in [subsection B of this paragraph VII/] and the requirements and options in [subsection B
of paragraph Xfff] applicable to that bathroom or powder room shall be offered and, if
accepted, installed at the request and cost of the purchaser/owner, if requested when
installation is consistent with [paragraph X/V).
IX. standards: Kitchen and Facilities
A. New Construction-Mandatory to I nstall: There are no mandatory installations
related to a kitchen in a Visitable Residential Dwelling.
B. New Construction-Mandatory to Offer: If there is a kitchen on the primary entry
level, the following options shall be offered and, if accepted, installed at the request and
cost of the purchaser/owner, if requested when installation is consistent with [paragraph
Xfff):
1. An accessible route to the kitchen, with a pathway through the kitchen to the
stove, oven, or combination stove-oven consistent with the requirements of CBC Chapter
11A.
2. One or more of the following, at the purchaser/owner's option:
a. At least a forty-eight inch by sixty-inch (48" x 60") clear space in front of a
stove at the base of a U-shaped kitchen;
b. At least a thirty-inch by forty-eight inch (3D" x 48") clear space in front of
the sink (counting open access underneath, if available);
c. At least one eighteen-inch (18") wide breadboard and/or at least eighteen
inches (18") in counter space at a thirty-four inch (34") height, or any combination
thereof, at the option of the purchaser/owner.
3. Sink controls consistent with CBC Chapter 11A.
4. Adjustable sink and/or removable under-sink cabinets consistent with Chapter
11A.
5. Hood fan controls at light switch level or lower level.
C. Substantial Rehabilitation: For any substantial rehabilitation of a kitchen on the
primary entry level, there are no requirements either to install or offer any installations or
components.
X. Standards: Common Use Room:
A. New Construction-Mandatory to Install: There are no mandatory installations
related to a common use room in a Visitable Residential Dwelling
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B New Construction-Mandatory to Offer: The following options for the common
use room on the primary entry level shall be offered and, if accepted, installed at the
request and cost of the purchaser/owner, if requested when installation is consistent with
[paragraph XIV]:
1. At least one common use room, such as a dining room or living room, on the
accessible route. Sunken or raised areas not exceeding fifty percent (50%) of the area of
the room's floor space shall be permitted as an option of the purchaser/ownerjn a
common use room on the accessible route when an accessible route connects a usable
portion of the common use room to the accessible bathroom or powder room and the
accessible exterior entrance door.
2. No sunken areas in a common use room on an accessible route.
3. standards related to access to and flatness of any other common area room on
the primary entry level.
C. Substantial Rehabilitation: For any substantial rehabilitation of a common use
room on the primary entry level, there are no requirements either to install or offer any
installations or components.
XI. standards: Bedroom
A. New Construction-Mandatory to Install: There are no mandatory installations
related to a bedroom in a Visitable Residential Dwelling.
B. New Construction-Mandatory to Offer: If there is a bedroom on the primary
entry level, the following options shall be offered and, if accepted, installed at the request
and cost of the purchaser/owner, if requested when installation is consistent with
[paragraph XIV]:
At least one bedroom on the accessible route of travel with all components meeting
the requirements of [paragraph XIII). A closet shall have at least a thirty-two inch (32") net
opening and adjustable closet rods and shelving. A family room or den may satisfy this
bedroom requirement if a sleeping structure (such as a bed, futon, hide-away, or Murphy
bed) can be placed in the room and if the room complies with provisions for emergency
escape and rescue and smoke alarms in the California Building Code.
C. Substantial Rehabilitation: For any substantial rehabilitation of a bedroom on
the primary entry level, there are no requirements either to install or offer any installations
or components.
XII. Standards: Miscellaneous Areas
A. New Construction-Mandatory to Install: There are no mandatory installations
related to miscellaneous areas of a Visitable Residential Dwelling.
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B New Construction-Mandatory to Offer: The following options shall be offered,
and if accepted, installed at the request and cost of the purchaser/owner, if requested
when installation is consistent with [paragraph XIV]:
If on the primary entry level, miscellaneous areas or facilities (such as a patio or
yard, laundry room, or storage area) for the dwelling must have an accessible route to and
from the accessible entrance, either through the dwelling unit or around the dwelling unit.
C. Substantial Rehabilitation: For any substantial rehabilitation of a miscellaneous
area on the same floor as the primary entry, there are no requirements either to install or
offer any installations or components.
XIII. Standards: General Components
A. New Construction-Mandatory to Install: There are no mandatory installations
related to general components in a Visitable Residential Dwelling
B. New Construction-Mandatory to Offer: The following options shall be offered,
and if accepted, installed at the request and cost of the purchaser/owner, if requested
when installation is consistent with [paragraph XIV]:
1. Rocker light switches and controls installed pursuant to either of the following:
a. In all rooms required to be accessible and on the accessible route.
b. Throughout the balance of the residential dwelling unit.
2. On an accessible route in an interior room or hallway, interior doors or openings
for rooms and routes of travel required to be accessible consistent with CBC Chapter 11A.
EXCEPTIONS: A thirty-four inch (34") clear doorway width may be requested from
a hallway with a thirty-nine inch (39") width, and a thirty-six inch (36") clear doorway width
may be requested from a hallway with a thirty-six inch (36") width.
3. The width of the level area on the side toward which an accessible door swings
consistent with CBC Chapter 11A.
4. If the Building Official or owner/purchaser determines that the accessible route
and doorway width options prescribed by Chapter 11A are not feasible and that a less
wide accessible route is necessary, a functional alternative to ensure that all entries into
rooms required to be accessible may be approved by the Building Official or
purchaser/owner if it meets at least one of the following requirements and if the hallway is
not less than thirty-six (36") inches in width:
a. The entry door to the room must be at the end of a hallway or
passageway, or open directly from another room on an accessible route of travel, so
that no turn of ninety degrees (900) or more is necessary to enter the room.
b. The hallway wall opposite the room must be inset enough to allow an area
of at least eight inches (8") wide with at least a sixty-inch (60") run centered on the
center of the entry door opening [e .g., an 8" by 60" notch or alcove.]
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c. The hallway wall on the same side as the room must be inset enough to
allow an area of at least eight inches (8") wide with at least a sixty-inch (60") run
centered on the center of the entry door opening [e.g., an 8" by 60" notch or alcove.]
d. The hallway wall directly opposite the room door must open to another
room with at least a sixty-inch (60") opening on a level with the accessible
passageway or hallway.
NOTE: Doors or openings to the rooms required to be accessible may be wider and the
notch or alcove smaller if equivalent access is not impeded. In addition, for a doorway at
the end of a hallway or in other circumstances, the notch or alcove need not be centered
on the doorway if equivalent access is not impeded.
5. Hand-activated door hardware complying with CBC Chapter 11A.
6. Flooring throughout the residential dwelling unit consistent with CBC Chapter 11A
7. The installation of all receptacle outlets, lighting controls and environmental
controls throughout the balance of the residential dwelling unit must comply with CBC
Chapter 11A or applicable provisions of the California Electrical Code.
8. standards pertaining to residential structures from ANSI A 117.1 may be used
throughout this [ordinance/chapter] when CBC Chapter 11A does not contain specific
standards or when the ANSI Standards are equivalent to the Chapter 11A standards.
XIV. Standards: New Construction or Substantial Rehabilitation-Permissive Options
A. The developer or builder of a Visitable Residential Dwelling must offer an
opportunity to select any the features listed in this [ordinance/chapter] to an owner or
prospective owner of a Visitable Residential Dwelling at the earliest feasible time after the
owner, purchaser, or prospective purchaser is identified.
B. The developer or builder of a Visitable Residential Dwelling shall construct or
install any requested features identified in this [ordinance/chapterj unless it would result in
an unreasonable delay in the construction or significant unreimbursable costs to the
developer or builder.
C. The developer or builder of a Visitable Residential Dwelling, at his or her option,
may offer or utilize standards for structural or design features, components or appliances
and facilities, including but not limited ANSI standards, which meet or exceed Chapter 11A
and which offer greater availability, access or usability, and these are deemed to be in
compliance with this [ordinance/chapter).
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XV. Enforcement:
A. It is unlawful for any person or entity to fail to comply with the requirements of
this [ordinance/chapter].
B. [Local option] The city/county may prescribe administrative, civil, or criminal
penalties or consequences, or any combination thereof, for violations of this
[ordinance/chapter] which are consistent with those applicable for what it deems
comparable municipal provisions. These may include, but are not limited to, enforcement
provisions of the State Housing Law, sections 17910, etseq., of the Calffornia Health and
Safety Code; injunctive relief or civil penalties; and requiring compliance prior to issuance
of a final inspection report or certfficate of occupancy.]
C. Remedies under this [paragraph/section] are in addition to and do not supersede
or limit any and all other remedies, civil, criminal, or administrative. The remedies provided
herein shall be cumulative and not exclusive.
D. [Local Option] Whenever the Building Official or designee reinspects or
otherwise takes any enforcement action against a residential dwelling unit which is
governed by this [ordinance/chapter] to determine compliance with this
[ordinance/chapter], the Building Official may assess fees against the owner to recover the
costs to the [city/county] according to a fee schedule established by the [city/county]. The
assessment and collection of these fees shall not preclude the imposition of any
administrative or judicial penalty or fine for violations of this [ordinance/chapter] or
applicable state laws or regulations.
E. [Local Option] [The city/county may/shall develop a means of providing public
certification as to any residential dwelling unit's compliance with this [ordinance/chapter].
No such certification shall be affixed to the residential dwelling unit or the property on
which it is located without the a uthorization of the owner or renter.]
XVI. Severability. [The city/county may adopt appropriate language.]
XVII. Effective Date: [The city/county may adopt appropriate language.]
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