ITEM 5

Santa Monica, California

 

 

TO:                  Building & Safety Commission and Accessibility Appeals Board

 

 

SUBJECT:     Recommendation for Adoption of New Ordinance Requiring Visitability Standards in Certain New and Existing Buildings

 

INTRODUCTION

 

This staff report explains proposed requirements for visitability standards for certain dwellings and seeks Building and Safety Commission recommendations for appropriate legislation for subsequent City Council adoption.

 

DISCUSSION

 

State law required the California Department of Housing and Community Development (HCD) to develop a universal design model ordinance (Attachment A) and builder’s checklist for potential buyers (Attachment B). Their effort resulted from information regarding universal design from various state agencies, individuals and organizations with interests in universal design.

 

HCD’s goals in developing the model universal design ordinance and checklist were to address the needs and concerns of all affected entities, including those of persons with disabilities, local government officials, and the homebuilding industry. The statute also required that the standards not significantly impact housing cost and affordability, as well as enhance the full life cycle use of housing without regard to physical abilities or disabilities of a home’s occupants or guests. In October 2005, HCD certified and made available a model ordinance and checklist for voluntary adoption by any California city. The checklist was recently updated in January 2007.

 

The model ordinance applies to one, two and three family dwellings except custom-built homes. It can apply to both owner occupied dwellings and rental housing. The proposed standards are not mandatory unless the owner requests installation features that would not create an unreasonable delay in completion or cause the builder/developer to incur significant that are not reimbursed.

 

Options for inclusion in the model ordinance include:

1.      Mandate for all City owned or funded buildings

2.      Determine what percentage of dwellings should be affected in a development

3.      Option to exclude projects of 4 or less units

4.      Apply requirements equally to rentals only, owner occupied only or both

5.      Give status of priority permit processing

6.      Grant full or partial fee waivers

 

Over the last five years, the annual potential for new construction projects that are not custom homes built by and for the owner to live in include:

1.      6 of 40 new single family dwellings

2.      1 of 1duplex-rental

3.      1 of 1 triplex-owner occupied

 

 

RECOMMENDATION

 

Staff recommends the following options be adopted under the new visitability ordinance:

 

1.      Apply to all newly constructed 1, 2, & 3 unit dwellings

2.      Limit to substantial remodels (100% building code upgrades) of same

3.      Require on all City owned and funded projects

4.      Authorize Priority Permit processing

 

 

Prepared by: Timothy P. McCormick, P.E. & C.B.O, Building Officer

 

Attachment A: HCD Model Ordinance

Attachment B: HCD Universal Design Checklist


Attachment A- HCD Model Ordinance

 

HCD Model Universal Design Local Ordinance (AB 2787)

 

I. Purpose and Intent

 

[To be provided by adopting local government]

 

II. Findings

 

[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 A117.1”, 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: [Local 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.

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. Scope and Application

 

A. Unit Coverage : [___ percent (__%) 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 [___percent (__%) 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 determining which 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 Model UD Ordinance-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 and 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.

 

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 Interior 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 [subsection B 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 Entry 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 requirements of CBC Chapter 11A; or

 

b. Outside of the swing of the door and either a forty-eight inch circle, fortyeight 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 A117.1

 

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 requirements 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.

 

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 VIII] and the requirements and options in [subsection B of paragraph XIII] 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 XIV].

 

IX. Standards: Kitchen and Facilities

 

A. New Construction—Mandatory to Install: 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 XIII]:

 

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 (30” 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

 

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/owner in 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 useroom 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.

 

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 (90°) 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.]

 

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 A117.1 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/chapter] 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].

 

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, et seq., of the California Health and Safety Code; injunctive relief or civil penalties; and requiring compliance prior to issuance of a final inspection report or certificate 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 authorization of the owner or renter.]

 

XVI. Severability. [The city/county may adopt appropriate language.]

 

XVII. Effective Date: [The city/county may adopt appropriate language.]


 


Attachment B: HCD Universal Design Checklist

 

2007 NEW HOME UNIVERSAL DESIGN OPTION CHECKLIST (AB 1400)

Name of Development, if applicable ____________________________________________

Home/Lot Address/ID _______________________________________________________

Developer (Contact) Name ___________________________________________________

Phone # _______________________________ Fax_______________________________

Address __________________________________________________________________

 

California law, section 17959.6 of the Health and Safety Code, requires a builder of new for-sale residential units to provide 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. A developer is not required to provide the listed features during construction or at any other time, unless the developer has offered to provide a feature and the buyer has requested it and agreed to provide payment.

 

Part I is a summary of which features, if any are available or offered.

Part II is an explanation of the laws governing the Checklist and use of the Checklist

Part III includes those features related to exterior adaptations, doors and openings, interior adaptations, kitchens, and bathrooms or powder rooms.

Part IV includes features which apply to other parts of the house and are commonly requested or considered universal design features.

Part V 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.

 

PART I: SUMMARY OF FEATURES AVAILABLE OR OFFERED

(If “available”, see Parts III, IV, and/or V)

 

Feature                                                                        Available          Not Available

III. 1.     Exterior Features (accessible route to door)              _______          _______

III. 2.     Exterior Doors, Openings, and Entries Features       _______          _______

III. 3.     General Interior Features                                            _______          _______

III. 4.     Kitchen Features                                                        _______          _______

III. 5.     Bathroom/Powder Room Features                            _______          _______

IV. 6.    Common Room Features (Dining and Living)           _______          _______

IV. 7.    Bedroom Features                                                      _______          _______

IV. 8.    Laundry Area Features                                               _______          _______

V.         Other Features                                                           _______          _______

 

PART II: EXPLANATION OF LAWS GOVERNING CHECKLIST AND USE OF THE LIST

All features covered by “Chapter 11A” of the California Building Code (Title 24, California 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 V.

 

Features listed may not 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 V. 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. Any 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 (“O”), or not available (“NA”), 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 V (e.g., “Yes” or “No”).
  • Cost”: optional labor and materials costs which may be estimated by the builder.

 

PART III: General Exterior and Interior Components and Features

 

Feature                                               Status             Timing            Details            Cost

 

1. Exterior Features

Accessible route of travel to dwelling from public sidewalk or

thoroughfare to primary entrance

Graded path*                                         ____                 ____                 ____                 $____

Ramp*                                                  ____                 ____                 ____                 $____

Driveway to graded path              ____                 ____                 ____                 $____

No-step entry (1/2” or less threshold)*      ____                 ____                 ____                 $____

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 V]                                                     ____

 

2. Exterior Doors, Openings, and Entries Features:

Minimum 32” clear primary entry doorway*           ____                 ____                 ____                 $____

Minimum 32” clear secondary entry doorway*       ____                 ____                 ____                 $____

Primary entry accessible internal/external

maneuvering clearances, hardware, thresholds,

and strike edge clearances*                    ____                 ____                 ____                 $____

Secondary entry accessible internal/external

maneuvering clearances, hardware, thresholds,

and strike edge clearances*                    ____                 ____                 ____                 $____

Primary entry accessible/dual peephole

and doorbell                                           ____                 ____                 ____                 $____

Primary entry door sidelight/window                     ____                 ____                 ____                 $____

Accessible sliding glass door and

threshold height*                                    ____                 ____                 ____                 $____

Feature                                               Status             Timing            Details            Cost

 

Weather-sheltered entry area                              ____                 ____                 ____                 $____

Other options offered by builder [List in Part V]                                                     ____

 

3. General Interior Features

Accessible route of travel to at least one

bathroom/powder room, kitchen,

and common room*                                ____                 ____                 ____                 $____

Accessible route of travel: other areas*                ____                 ____                 ____                 $____

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*  ____                 ____                 ____                 $____

Light switches, electric receptacles, and

environmental and alarm controls at

accessible heights on accessible

route/rooms*                                          ____                 ____                 ____                 $____

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 when over barriers* ____                  ____                 ____                 $____

Rocker light switches/controls on accessible

route/rooms                                           ____                 ____                 ____                 $____

Rocker light switches/controls on primary floor     ____                 ____                 ____                 $____

Visual smoke/fire/carbon monoxide alarm            ____                 ____                 ____                 $____

Audio and visual doorbell                                    ____                 ____                 ____                 $____

Audio and visual security alarm                           ____                 ____                 ____                 $____

Closets on accessible route: adjustable

(36”-60”) rods/shelves                             ____                 ____                 ____                 $____

Nonslip carpet/floor for accessible route               ____                 ____                 ____                 $____

Handrail reinforcement (1 side) provided in all

accessible routes of travel/rooms over

4 feet long                                             ____                 ____                 ____                 $____

Handrails (1 side) provided in all accessible routes of

travel/rooms over 4 feet in length              ____                 ____                 ____                 $____

Handrail reinforcement (2 sides) provided in all

accessible routes of travel/rooms over

4 feet in length                                       ____                 ____                 ____                 $____

Handrails (2 sides) provided in all accessible routes

of travel/rooms over 4 feet in length          ____                 ____                 ____                 $____

Handrail reinforcement or handrails installed

in other areas                                        ____                 ____                 ____                 $____

Interior lifts/elevators:

Interior stairway lift                                 ____                 ____                 ____                 $____

Interior elevator                          ____                 ____                 ____                 $____

Electrical and reinforcement for future lift ____                  ____                 ____                 $____

Electrical and location for future elevator ____                   ____                 ____                 $____

Feature                                               Status             Timing            Details            Cost

 

Laundry Area, if provided:

Accessible route of travel                        ____                 ____                 ____                 $____

Accessible workspace                            ____                 ____                 ____                 $____

Accessible cabinets                               ____                 ____                 ____                 $____

Accessible appliances                            ____                 ____                 ____                 $____

Other options offered by builder

[List in Part V]                           ____                 ____                 ____                 $____

 

4. Kitchen Features

At least one kitchen on accessible route of travel ____                  ____                 ____                 $____

Adequate work/floor space in front of:

Stove (specify 30”x48” or greater)*           ____                 ____                 ____                 $____

Refrigerator (specify 30”x48” or greater)* ____                   ____                 ____                 $____

Dishwasher (specify 30”x48” or greater)*  ____                 ____                 ____                 $____

Sink (specify 30”x48” or greater)*             ____                 ____                 ____                 $____

Oven (if separate)

(specify 30”x48” or greater)*        ____                 ____                 ____                 $____

U-shaped kitchen space requirements*                ____                 ____                 ____                 $____

Other (specify 30”x48” or greater)*                       ____                 ____                 ____                 $____

Accessible appliances (doors, controls, etc.)

Stove                                                    ____                 ____                 ____                 $____

Refrigerator                                            ____                 ____                 ____                 $____

Dishwasher

Sink                                                      ____                 ____                 ____                 $____

Oven (if not part of stove)                        ____                 ____                 ____                 $____

Microwave/receptacle at countertop

height                                       ____                 ____                 ____                 $____

Other appliances                                    ____                 ____                 ____                 $____

Accessible countertops                                      ____                 ____                 ____                 $____

All or a specified portion repositionable*   ____                 ____                 ____                 $____

One or more breadboards at 15” wide*

and 28”-32” high             ____                 ____                 ____                 $____

One or more counter areas at 30” wide*

and 28”-32” high             ____                 ____                 ____                 $____

One or more workspaces at 30” wide

with knee/toe space                   ____                 ____                 ____                 $____

Other features                                        ____                 ____                 ____                 $____

Cabinets:

Base cabinets: pull-out and/or

Lazy Susan shelves                   ____                 ____                 ____                 $____

Wall cabinets: pull-out and/or

Lazy Susan shelves                   ____                 ____                 ____                 $____

Additional interior lighting                        ____                 ____                 ____                 $____

Additional under-cabinet lighting ____                 ____                 ____                 $____

Accessible handles//touch latches for

doors/drawers                            ____                 ____                 ____                 $____  

Under-cabinet roll-out carts                     ____                 ____                 ____                 $____

Other features                                        ____                 ____                 ____                 $____

 

Feature                                               Status             Timing            Details            Cost

 

Sink:

Repositionable height*                            ____                 ____                 ____                 $____

Removable base cabinets under sink*      ____                 ____                 ____                 $____

Single-handle lever faucet*                      ____                 ____                 ____                 $____

Hose/sprayer feature                              ____                 ____                 ____                 $____

Anti-scald device                                    ____                 ____                 ____                 $____

Other features ____                                ____                 ____                 ____                 $____

 

Contrasting Colors:

Edge border of cabinets/counters            ____                 ____                 ____                 $____  

Flooring: in front of appliances                 ____                 ____                 ____                 $____

Flooring: on route of travel                       ____                 ____                 ____                 $____

Other features                                        ____                 ____                 ____                 $____

Other options offered by builder [List in Part V]     ____                 ____                 ____                 $____

 

5. Bathroom/Powder Room Features

At least one full bathroom on accessible             

route of travel                                         ____                 ____                 ____                 $____

Maneuvering Space

(For bathrooms and powder room)           ____                 ____                 ____                 $____

Maneuvering space diameter                              

30” x 48” turning area*                            ____                 ____                 ____                 $____

60” diameter turning area                        ____                 ____                 ____                 $____

Clear space for toilet and sink                 ____                 ____                 ____                 $____

36” x 36” clear use area              ____                 ____                 ____                 $____

30” x 48” clear use area*                         ____                 ____                 ____                 $____

Bathtub and/or shower (For bathrooms only)

Standard bathtub with grab bar

reinforcement*                           ____                 ____                 ____                 $____

Standard bathtub with grab bars* ____                 ____                 ____                 $____

Accessible bathtub (size* and handles)    ____                 ____                 ____                 $____

Standard shower with grab bar

reinforcement*                           ____                 ____                 ____                 $____

Standard shower with grab bars*             ____                 ____                 ____                 $____

Accessible (roll-in) shower*                     ____                 ____                 ____                 $____

Single-handle lever faucets*                    ____                 ____                 ____                 $____

Offset controls for exterior use                 ____                 ____                 ____                 $____

Toilet (For bathrooms or powder room)    

Standard toilet with grab bar

reinforcement*                           ____                 ____                 ____                 $____

Standard toilet with grab bars*                 ____                 ____                 ____                 $____

Accessible toilet with grab bars*              ____                 ____                 ____                 $____

Sink/Lavatory (For bathrooms or powder room)

Standard with undersink cabinets            ____                 ____                 ____                 $____

Standard with removable base cabinets*  ____                 ____                 ____                 $____

Pedestal or open front*                           ____                 ____                 ____                 $____

Accessories (For bathroom or powder room)

Lower/accessible medicine chest            ____                 ____                 ____                 $____

Accessible counter space near sink        ____                 ____                 ____                 $____

Single-handle lever faucets*                    ____                 ____                 ____                 $____

Anti-scald devices for sink                      ____                 ____                 ____                 $____

 

Feature                                               Status             Timing            Details            Cost

Accessible handles//touch latches

for doors/drawers                       ____                 ____                 ____                 $____

Lower towel rack(s)                                ____                 ____                 ____                 $____

Lower/tilted mirror(s)                               ____                 ____                 ____                 $____

Contrasting floor color                             ____                 ____                 ____                 $____

Fold-down/fixed shower seat(s)               ____                 ____                 ____                 $____

Accessible toilet tissue holder                 ____                 ____                 ____                 $____

Hand-held adjustable shower spray unit(s) ____                ____                 ____                 $____

Other options offered by builder [List in Part V]     ____                 ____                 ____                 $____

 

Part IV: Other Components and Features

 

6. Common Rooms Features

Dining room on accessible route of travel*            ____                 ____                 ____                 $____

Living room on accessible route of travel*             ____                 ____                 ____                 $____

Den on accessible route of travel*                        ____                 ____                 ____                 $____

Split-level common room with accessible

route of travel*                                        ____                 ____                 ____                 $____

No split level common room*                               ____                 ____                 ____                 $____

Other options offered by builder [List in Part V]     ____                 ____                 ____                 $____

 

7. Bedroom Features

One bedroom on accessible route of travel           ____                 ____                 ____                 $____

Two or more bedrooms on accessible

route of travel                                         ____                 ____                 ____                 $____

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 V]     ____                 ____                 ____                 $____

 

8. Laundry Area Features

Laundry area on accessible bath of travel             ____                 ____                 ____                 $____

Accessories:

Accessible workspace                            ____                 ____                 ____                 $____

Accessible cabinets                               ____                 ____                 ____                 $____

Accessible handles//touch latches

for doors/drawers                       ____                 ____                 ____                 $____

Accessible appliances                            ____                 ____                 ____                 $____

Other options offered by builder [List in Part V]     ____                 ____                 ____                 $____

 



Part V: 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 disabilities 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 filtration 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 activity limitations or disabilities in order to accommodate them).

(Attached as Part III.D: ___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