0 0 0 0 1 3 5

COUNTY OF SANTA CRUZ PLANNING DEPARTMENT

701 OCEAN STREET, qTH FLOOR, SANTA CRUZ, CA 95060 (831) 454-2580 FAX: (831) 454-2131 TDD: (831) 454-2123

TOM BURNS, PLANNING DIRECTOR ~

June 1,2006

AGENDA DATE: June 13,2006

Board of Supervisors County of Santa Cruz 701 Ocean Street Santa Cruz, CA 95060

SUBJECT: Universal Design (Inclusive Building Design)

Members of the Board:

On April 1, 2003, the Planning Department presented a report to your Board regarding recently adopted State Legislature that pre-empted local jurisdictions from adopting universal design requirements until the State had adopted a model ordinance (Attachment 1 ). As you may recall, “Universal Design” is comprised of features such as zero-step entries, levered doors and faucets, bracing in bathroom walls for grab bar installation, lower light switches and appliance controls, etc., which make a home more usable for frail persons or those with disabilities. The residences that have some or all of these features are also known as “vi si ta b le res id entia I d we I I i ng s . ”

The 2002 legislation, Assembly Bill (AB) 2787, added Section 17959 to the Health and Safety Code (Attachment 2). This section required the State Department of Housing and Community Development (HCD) to develop at least one model universal design ordinance and various guidelines for new construction and home modifications. At that time, you directed the Planning Department to monitor the development of the model ordinance and to report back to your Board after the model had been approved.

Subsequent to the 2003 Board action, the State Legislature adopted AB 1400 in 2003 (Attachment 3), which requires a developer of any new residential development to provide buyers with a list of specified universal accessibility features that would make the home entrance, interior routes of travel, kitchen and bathrooms fully accessible to persons with disabilities. HCD was charged with the development of a standard form for the list.

HCD recently completed development of both the model ordinance and the universal design homebuyer checklist. This report presents the model ordinance and other requirements established by State legislation and the ensuing implementation by HCD.

YQ 21

0 0 0 0 1 3 6 Universal Design Board of Supervisors Agenda: June 13,2006 Page 2 of 4

Model Ordinance

The model ordinance prepared by HCD is included as Attachment 4. The County may adopt the model ordinance, but the County is not required to adopt the ordinance. Adoption of this ordinance is optional for the County, but should the County choose to adopt an ordinance to provide for visitable residential dwellings, the County cannot substantially deviate from the model ordinance.

The model ordinance, as approved by HCD, does not require a builder to actually construct any accessible features. Rather, it would require that builders offer to the purchaser/owner various options, that must be installed at the request of and at the expense of the purchaser/owner, to enhance the visitability of the dwelling unit unless the construction would cause unreasonable delays or significant unreimbursable costs to the builder. Mandatory options would include features that alter the primary entrance, the interior routes, and the primary entry-level powder room, kitchen (if applicable), common room or bedrooms. Many of the features included in the model ordinance would require that the option be made available to a purchaser or owner at the very early stages of the construction. For instance, it would probably be infeasible to provide a zero-step entry if the foundation and site grading has already been completed, and certainly more expensive to provide an accessible bathroom if the dwelling has been already framed.

In the event that the County chooses to adopt such an ordinance, there are two options regarding the applicability of the ordinance to residential unit types. The County could apply the ordinance to all single-family, duplex and triplex residential dwellings except custom homes, which are exempted under the model ordinance. Alternatively, an ordinance could be applied to all single-family, duplex and triplex residential dwellings in developments in which at least 5 single-family, duplex and triplex residential dwelling units are being constructed in any one-year period, except custom homes. The definition of custom homes is left to the County. In either case, if adopted, an ordinance would apply to both new construction and substantial rehabilitation projects’.

Universal Design Checklist

The model checklist developed and approved by HCD is included as Attachment 5. The intent of the checklist is to provide a mechanism for purchasers of new for-sale residential units to have universal design features included as a part of the dwelling unit construction in the event that there was no local universal design ordinance. The checklist, which applies to all ownership housing, including custom homes, is supposed to be used by builders of all residential units that have applied for building permits after January 26, 2006.

Although the County has no direct role in the process of negotiation between the builder and the prospective purchaser, the County is charged with enforcement of this law. As such, staff has made the model checklist available to all persons who have applied for single-family residences since late January.

Substantial Rehabilitation is defined as a reconstruction of the primary entry, hallway, or one bathroom or I

powder room on the route from the primary entry, when that reconstruction is required to be consistent with the m t current version of the California Building Standards Code 21

Universal Design Board of Supervisors Agenda: June 13,2006 Page 3 of 4

0 0 0 0 1 3 7

Analysis

The model ordinance approved by HCD is significantly different from the “Inclusive Building Design Ordinance” presented to your Board in 2003 by the Commission on Disabilities. The Commission’s ordinance would have mandated that all new dwellings and certain residential remodels include features addressing exterior access routes, interior access routes, walks, ramps, entries, parking, accessible bathrooms, interior doorways and electrical switches and outlets. Exceptions were provided for certain situations, and there was an overall cap of 5% of the project cost placed on the improvements required by the ordinance.

While that ordinance would have increased the number of homes that are visitable by persons with disabilities, it would have increased the complexity and cost of the permit process to provide for the review of building plans for conformity with the requirements, to review and react to requests for exceptions, and to process the appeals that would inevitably occur as a result. The ordinance would, in many cases, resulted in increased cost of construction.

The HCD model ordinance, on the other hand, only mandates that the builder offer to prospective purchasers or the owner the ability to negotiate for the inclusion of certain features to improve the visitability of the dwelling. The model ordinance was intended to apply to communities that have large tract housing, where models are viewed before the unit is constructed or while the unit is being constructed. This kind of residential development lends itself well to the model ordinance provisions, as there is often sufficient time to have features negotiated for and installed before the construction has progressed to a point where it is no longer feasible to include it.

In Santa Cruz County, most of the new home construction is individual custom home construction, which could be exempt from such an ordinance. And although our subdivision applications require home designs as a part of the project review and they are often similar designs as you might find in a tract subdivision elsewhere, it is rare that dwelling units are offered for sale until the purchaser can actually walk through the unit, usually very late in the construction process. At that point, it is very difficult to add in universal design features. Because of the extent of custom home construction in our County, it appears that use of the checklist will provide far greater benefits than would be provided through adoption of the proposed model ordinance.

Commission on Disabilities Review

Planning staff presented the model ordinance and checklist to the Commission on Disabilities on May 1 lth. At that time, the Commission discussed the model ordinance and expressed disappointment with the final outcome of the State process. The Commission acknowledged that the State’s model ordinance would do little to address the needs of Santa Cruz County.

The Commission, however, continues to strongly believe that there is a pressing need for increased accessibility in new and remodeled residences to address the County’s aging population (with changing functional levels). Further, the Commission believes that the County should implement more enlightened and creative measures to insure cost effective accessibility in new residential structures. The Commission discussed a number of alternatives to the model ordinance, including the use of incentives (reduced permit fees, priority 2 1 q

Universal Design Board of Supervisors Agenda: June 13,2006 Page 4 of 4

0 0 0 0 1 3 8

processing, etc) to facilitate the construction of more visitable residences. The Commission indicated that they would be forwarding additional recommendations to the Board in the future.

Conclusion/Recommendation

Both the Commission on Disabilities and Legislature recognize that there is a problem that is increasingly challenging to our aging population: how to stay in existing homes with physical limitations, and how to house an increasing number of elderly members of the population with disabilities and infirmities. While the checklist will provide some opportunity to address this concern, it does not appear that the model ordinance provided by the State, with its limitations, offers adequate benefits to merit further consideration.

It is therefore RECOMMENDED that your Board accept and file this report.

w To Burns Planning Director

RECOMME DED: fi SUSAN A. MAURIELLO County Administrative Officer

Attachments: 1. 1. 2. 3. 4.

cc:

Letter of Planning Director, dated March 16, 2003, with attachments. Assembly Bill 2787 (2002) Assembly Bill 1400 (2003) Model Universal Design Ordinance Model Universal Design Checklist

Commission on Disabilities

TB:MD\G:\Board Letters\Pending\UniversalDesignBOS8

21

0 0 0 0 1 3 9 -- A

4TTAGHMENT 1 COUNTY OF SANTA CRUZ

PLANNING DEPARTMENT 701 OCEAN STREET, SUITE 3 10. SANTA CRUZ, CA 95060

ALVIN JAMES, DIRECTOR (83 1) 454-2580 FAX: (83 I ) 454-21 3 1 TDD: (83 1) 454-2 123

AF3'20Y ED AND FILED March 16,2003 E(-M<D OF S ~ ~ R V I S O R S

f)kiTk -~ 4///am3 Board of Supervisors ctx wry OF S A ~ A CRUZ Agenda: 4/1/03 County of Santa Cruz 70 1 Ocean. Street Santa C&f California 95060

SUBJECT: REPORT BACK ON PROPOSED DRAFT RESIDENTIAL ORDINANCE

S!,SAN A MAWRIELLO

RELATIVE TO INCLUSIVE HOME DESIGN.

Members of the Board:

At your meeting of March 4, 2003 your Board directed the Department to report back on the proposed draft residential ordinance relative to inclusive home design at your meeting of April 1, 2003.

BACKGROUND

On August 9, 2002, the County Commission on Disabilities sent to your Board a letter urging the adoption of an ordinance incorporating requirements for inclusive home design. (Attachment 1 ). Included as an attachment was a draft ordinance which the Commission proposed be adopted and added to Chapter 12 of the County Code. (Attachment 2). At your meeting of November. 19, 2002, your Board considered this proposed ordinance and directed the Planning Department to report back with fbrther information at your meeting of March 4,2003. Based upon discussion at the November 19,2002 meeting, the Commission sent to your Board a revised ordinance (Attachment 3), in which the provisions applying to modifications of existing structures were removed. On March 4,2003, your Board directed the Planning Department to seek fbrther information about legislative activity at the State level and to report back at the April 1, 2003 meeting.

LEGISLATIVE ACTION

The State legislature has taken action in this area. Chapter 726 of the 2002 Statutes (AB 2787) directly addresses local amendments to the California Building Code relating to housing accessibility.. The following is taken from Department of Housing and Community Development Information Bulletin on the subject of the 2002 legislative changes (emphasis added):

"Chapter 726 of the 2002 statutes (AB 2787/Aroner) adds section 17959 to the Health and Safety Code (HSC) relating to building standards for universal design.

1

0 0 0 0 1 4 0

The Legislature found that as California's population is aging and many residents have temporary or permanent mobility disabilities, homes should be constructed or modified to allow for full life-cycle use. It also found that many government and private entities have considered using the principles of universal design to facilitate more inclusive use of homes but there is a lack of consistent standards statewide and universal design building.\*tni.lu'nr.cls cannot be adopted under existing statutory "l0c'~il condition " exceptions. Development of state guidelines and model ordinances will provide a variety of social and financial cost benefits to individuals and governmental agencies.

HSC Section 17959 requires the Department of Housing and Community Development (Department), by December 31, 2003, to develop guidelines and at least one model ordinance fo r new construction and home muc/!fknfiom consistent with theprinciples d universal design without significantly impacting the cost d housing.

Effective January I , 2005, after the Legislature has one year to review the Department's oriiiiatice (s), local governments, after making . ~ ; ~ ' ~ c i J i ' ~ ~ ~ ~ i t d ? ? ~ . ~ , '

may adopt universal design building standards ordinances substantially the same as the Deprrrfnrmfs model ordinance pursuant to the authority granted by HSC Sections I7958.5and 1894I.5. Following adoption of local ordinances, the city or county must file a copy of the ordinance and subsequent findings with the Department. A local ordinance may not become effective or operative until the findings and the ordinance have been filed with the Department.

"Universal design" is comprised of features such as zero-step entries, levered doors and faucets, bracing in bathroom walls for grab bar installation, lower light switches and appliance controls, etc., which make a home more usable for frail persons or those with disabilities."

Based upon the above, it is clear that at this time the County cannot proceed to adopt building standards such as those proposed by the County Commission on Disabilities. We recommend that your Board direct the Planning Department to work with the County Commission on Disabilities to monitor the progress of this model ordinance, and to bring the ordinance which is being developed by State Housing and Community Development to your Board for consideration as soon as it is possible to do so.

2

1

0 0 0 0 1 4 1

4TTACtiMENT 1

It is therefore RECOMMENDED that your board:

1 . Accept and file this report; and

2. Direct the Planning Department to work with the County Commission on Disabilities to monitor the progress of this model ordinance as it is developed by the State Department of Housing and community Development; and

3. Direct the Planning Department to bring the ordinance which is being developed by the State Department of Housing and Community Development to your Board for consideration as soon as it is possible to do so.

Planning Director

County Administrative Officer

Attachments :

1 . Letter from the County Commission on Disabilities dated August 9,2000 2. Original Proposed Inclusive Home Design Ordinance 3. Revised DraR Inclusive Home Design Ordinance and explanatory letter

cc: County Commission on Disabilities

3

0 0 0 0 1 4 2

county of Santa Cruz

Commission i n Disabilities ATTACHMENT

701 Ocean Street,Room 30 Santa Cruz CA 95060

Ph# 831-454-2356 fax 831454-2433 www. co.sanfa-cruz. cads

July 25, 2002

Jan Beautz, Chair County Board of Supervisors 701 Ocean Street, Room 500 Santa Crus, CA 95060

Dear Chair Beautz:

In response to the growing number of our aging population and the continuing shortage of accessible housing in our County - the Commission on Disabilities is recommendingthat Santa Cruz County adopt and implement an Inclusive Home Design Ordinance.

h hik Nau Freedom Initic2h!ve, President Bush stated that, “Disabilitp not the experience of a minority of Americans. Rather, it is an experience that will touch most Americans at same point during their lives. Today, there are over 54 million Americans with disabilities, a full 20% of the U.S. population. Almost half of these indiduulj. have a severe disability, a ectingfheirabilify b see, hear, walk, or petform other basic unctions o f life. in addition,

fi people widz disabilities.” t i$ ere are over 2 5 million family caregivers and millions more w L provide aid and assistance

A recent survey conducted by AARP reflected that “most Americans age 45 and over would like to remain in their current residence for as long as possible’’ yet 80% surveyed reported having difficulty getting around their current homes. Additionally over 75% felt that home modifications would remedy the difficulties they reported experiencing. Many expressed that if the residential construction industry didn’t meet these needs voluntarily, then they (66 percent reported) would support their state passing legislation requiring that more homes be built with inclusive home modification features.’

In response to this growing concern, local governments are passing “Visitability/inclusive Home Design 0rdinances”which mandate features such as wider doorways, levers on some doors, ground floor bathroom walls reinforcedfor possible future installation of mobility aids, and at least one no-step entrance. Municipalities in Illinois, Georgia, Minnesota, and Texas have applied visitability requirements for single-family homes built with state or local subsidies. Similar accessibility standards are under consideration by Philadelphia and the Kansas State Legislature. Vermont requires certain visitability elements in both subsidized and most unsubsidized single-family construction.

Santa Monica, California is currently considering a measure that requires at least one no-step accessible ground-level entrance, 36-inch wide hallways, at least one bathroom with a 32-inch wide doorway, and light switches, electricai outlets, thermostats nd other environmental controls installed at accessible heights and locations. This applies to ail ne, 4 Santa Monica homes (single-familyand multi-unit dwellings), as well as those undergoing extensive renovation.

1

FALL 2000 Volume 5, Issue 5

r4

0 0 0 0 ATTACHNNT

1 4 3 - 1.

Naperville, Illinois and Pima County, Arizona are two localities that have further paved the way for this forward-thinking ordinance. On February 5, 2002, Naperville and Pima County both passed ordinances requiring that all newly constructed private homes.within the community be built with ground floor doorways 32 inches wide, and include other design features to create accessibility for persons with mobility impairments. The Pima County, Arizona, Board of Supervisors also voted to require that at least one entrance af new home construction must provide for wheelchair access.

As Santa Cruz B also a forward thinking County, we feel that now is the time implement an Inclusive Home Design Ordinance in our County that will address the long-term needs of its citizens. This ordinance would provide for minor changes to the building code that will result in significant benefits to people’s lives, from the elderly population, baby boomers transitioning into their senior years, those with short-term physical limitations, and those with longer term or permanent health concerns that make them disabled, ,regardlessof age.

The intent of the ordinance would be to provide our community with homes that can be easily and affordably adapted to meet the changing needs of a growing senior population, to ease the severe shortage of accessible housing, and to allow persons with disabilities and seniors to visit the homes of their friends and neighbors, thereby including them in the wider community.

Inclusive Home Design provides a platform of basic accessibilityfeatures in all new homes (single family dwelling units, duplexes and triplexes). Additional accessibility elements required by a disabled person living there may then be added on more easily and less expensively. Some of the features include at least one zero-step accessible entrance, minimum door widths, accessible and/or adaptable bathrooms, minimum heights for electrical outlets, and maximum heights for light switches, thermostats, and other environmental controls.

A phase-in period is part of the ordinance, to allow builders time to adapt to the changes in code. In addition, waivers are allowed to keep costs down for unreasonable hardships, due to difficult topographicat conditions. This ordinance would only apply to the construction of new homes and to add- ons of more than 500 square feet to existing homes located in the unincorporated areas of Santa Cruz County. It does not require any existing homes to be retrofitted.

New construction costs for builders and homeowners to comply with this ordinance has been deemed minimal. An independent cost estimator concluded that the additional costs d adding Inclusive Home Design features to a home would be no more than $1 00, if it were done at the time cf construction*. In addition, the Pima County commissioned its own cost analysis, which concluded that these additional features would add no more than $75 to the cost of a new home.

Attached is a copy of a draft ordinance that we would like to recommend for Santa Cruz County. We thank you in advance for your consideration of this important proposal and for your continued support of persons with disabilities in our community.

Sincerely ,

Thomas Ferr, Chair Santa Cruz County Commission on Disabilities

’ These figures are borne out by the experience of Austin, Texas, where lnclusivefeatures have been installed in homes for the past three years. Austin’s contractors report that the additional costs have been no more than $200.

0 0 0 0 1 4 4 A

ATTACHMENT 1. Other materials available: 0 Pima County, Arizona Research and Recommendations, Inclusive Home Design Adaptations for

New Housing 0 Pima County, Arizona Inclusive Home Design Ordinance 0 Naperville, Illinois Access Provisions Code R326.2 0 AARPStudy 0 City of Tucson - Cost Analysis Review for Proposed Visitability Ordinance

0 0 0 9 1 4 5 h

Chapter f2.3U100 Santa Cruz County lnclusive Home Design Ordinance Commission on Disabilities Draft

12.30.01 0 Findings Inclusive Home Design, also know as Universal Design andlor Visitability, is a standard recognized both nationally and internationally as a necessity for meeting the current and future housing needs of our population. The following outlines specific needs and benefits:

a) People over 65 are the fastest growing sector of the American population and life expectancies continue to increase.

b) Whether due to injury or age, there B a great likelihood for each of us, at some time in our life, to suffer a temporary or permanent condition that limits mobility or the ability to perform daily tasks of living.

c) The increased cost is minimal in construction of a residencewith zero step entries, wider doorways, bathroom layout that permits access by individuals with mobility impairments, bathroom walls reinforced to permit installation of grab bars, and electrical outlets reachable by individuals with mobility impairments. Without these features, the costs and disruption associated with retrofitting an existing home to make it minimally accessible are substantial.

d) A residence providing minimal accessibility offers the possibility of occupancy, or visitation by a disabled person.

e) An occupant of a home having inclusive design features, who becomes disabled, whether temporarily or permanently, may be able to remain at home and avoid or postpone the great ex pe n se and e motion a I t ra u m a of i n s t i t u t i o n a I i za t i on .

12.30.020 Intent The intent of this ordinance is to provide requirements that support inclusive home design throughout the County. They are in addition to State Building Code Title 24 requirements adopted by the County of Santa Cruz in Chapter 12.10.00 Building Regulations

12.30.030 Definitions For the purpose of this ordinance, the following definitions shall apply:

Accessible bathroom: A Bathroom that provides sufficient space to enable individuals with mobility impairments to have access to a lavatory, water closet, and tub or shower.

Accessible entrance: An entrance with no steps that allows entrance to a habitable dwelling unit by individuals with mobility impairments. It may be through a garage, and/or through any entrance door except bathroom or bedroom. It shall be located immediately adjacent to an accessible route to accessible parking.

Accessible floor: Any occupiable floorcontaining at least a living room, bedroom, kitchen and bathroom, that is less than one story above or below grade, with direct access to grade.

Accessible route: An interior or exterior circulation path that complies with this standard as amended by these local amendments. It consists of one or more of the following: walks, public sidewalks, ramps, landings, doorways, and parking areas.

G O O 0 1 4 6 4TTACHMENT '1 *-

Page 2

Accessible parking: A hard flat all weather parking area located immediately adjacent to an accessible route to an accessible entrance. It may include public sidewalks. Add-on: An increase of 500 or more square feet to an existing habitable dwelling unit.

AI! weather surface: A surface on a walk, ramp, landing, or parking area that remains firm and not deteriorated or washed out by rainstorms.This could be wood, concrete, asphalt, or some other firm surfaced material.

Dwelling unit: A detached one, two or three family habitabledwelling unit, or a duplex, or a triplex having one occupiable floor at grade level.

Eiement: An architectural or mechanical component of a building, facility, space or site.

Level landing: A hard flat all weather surface with 2% max slope in any direction, located in front of an accessible entrance or at the top and bottom of a walk or ramp, and at intermediate tocations within the ramp run. Level: Having a slope less than 2% in any direction.

No step entrance: An entrance to the accessible floor that has no steps nor a threshold higherthan '!&inch.

Ramp: A hard flat all weather surface with 8.33% rnax running slope, 2% rnax cross slope and level landings every 30-inches of rise.

Walk: A hard flat all weather surface with 5% max running slope and 2% max cross slope.

12.30.040 Scope Application to Habitable Dwelling Units: The provisions of this Code, as adopted and amended by the administrative authority, shall extend to and apply to all new construction and add-ons exceeding 500 square feet to all single family dwelling units, duplexes, and triplexes, for which plans are submitted to the Building Official beginning four months after the effective date of this ordinance. Habitable dwelling units for which plans have already been certified prior to the enactment af this ordinance shall be exempt from its provisions until the date of their next re-certification.

12.30.058 Inclusive Home Design Requirements

f . Exterior Accessible Route Each dwelling unit shall have an accessible route leading to a no step accessible entrance to the accessible floor from public and common areas, including, but not limited to, an accessible parking area or public street or sidewalk. It shall consist of walks and ramps with level landings.

Exception: If the finished grade between the dwelling unit and accessible parking exceeds 8.33% or where other physical barriers (natural or artificial) or legal restrictions, all of which are outside the control of the owner, ramp slopes may have up to 10% running slope for lengths not to exceed 1 0-feet.

0 0 0 0 1 4 7 I

Page 3 2. interior Accessible Route: Each dwelling unit shail have at least one accessible route connecting all spaces and elements, which are a part of the accessible floor of the dwelling unit.

Route shall have a minimum width of 36-inches, except at interior doors, and shall not pass through bathrooms, closets, or similar spaces. Interior doors shall have tevel landings with beveled thresholds less than one half-inch high.

Except ions : 1. Not required to provide access to raised or sunken portions having less than 60 square feet for living, dining or sleeping rooms. 2. For add-ons, doorway width requirements only apply to areas of an add-on, and to the interior accessible route of the existing dwelling unit containing the add-on.

3. Walks Walks shall comply with the following:

Five-foot level landings at top and bottom Four-foot mini mum width Cross slope less than 2% Running slope less than 5% No abrupt changes that exceed '/z inch in height, with a 45-degree bevel

4. Ramps Ramps shall comply with the following:

Five-foot level landings at top and bottom Four-foot minimum width Cross slope less than 2% Running slope less than 8.33%. Level landings every 30 inches of rise No abrupt changes that exceed 75 inch in height, with a 45-degree bevel

5. Accessible Entrance Entrance shall comply with the following:

There shall be at least one, no step entrance (front, side, rear, or through the garage) to the accessible floor of each dwelling unit. Shall be immediately adjacent to an accessible route to accessible parking and public sidewalks. Shall not open into a bedroom or bathroom Threshold shall be less than 112-inch in height with a 45-degree bevel Shall have a 5' x 5' level landing Door shall be 36-inches minimum width

6. Accessible Parking Each dwelling unit shall have an accessible parking area (may include public sidewalk) provided which is located immediately adjacent to an accessible route to the accessible floor entrance.

Surface slope shall not exceed 2% in any direction. Size shall be at least 19-feet long and 17-feet wide. Width may include an adjacent accessible walk.

7. Accessible Bathroom Each dwelling unit shall have at least one accessible bathroom on the accessible floor, and shall comply with the following:

Shall have an unobstructed 32-inch wide path uf'travel to the water closet, lavatory, and tub or tiled shower stall. Shall have a 32-inch clear space along left or right side of the water closet.

0 0 0 0 1 4 8 A

ATTACHEJIFNT 1 Page 4

Shall have 2 x 6 horizontal wood blocking installed within wall framing (to support grab bars if desired for current or future installations). The wood blocking shall be located in all walls adjacent to a water closet, shower stall or bathtub. When measured to the center, blocking shall be 33 to 36-iinches above the finished floor.

Exceptions: I. Reinforcementis not required in a room containing only a lavatory or a water closet, provided that the room does not contain the only lavatory or water closet on the accessible level of the dwelling unit. 2. Blocking is not required behind a fiberglass shower surround.

8. Interior Doors The accessible floor of each dwelling unit shall have all doorways with minimum clear opening of 32-inches with the door open ninety (go*) degrees (as measured between the face of the door and the opposite stop). Each door shall have lever handle hardware.

Exceptions: 1. Shower doors and closet or pantry doors when the back wall of the closet or pantry is less than 3-feet from the door. 2. For add-ons, doorway width requirements only apply to areas in the add-on, and to the interior accessibie route of the existing dwelling unit.

9. Switches and Outlets The accessible floor of each dwelling unit shall comply with the following: Thermostats and wall switches controlling light fixtures and fans shail be located no higherthan 48-inches, on center, above the floor. Where practical, all electrical receptacles shall be located no lower than 15-inches on center, above the floor. When the receptacle placement is prohibited by the height of a window or design feature, the Chief Building Official may approve an alternate location.

Exceptions: Electrical receptacles serving a dedicated use Appliance mounted controls or switches Floor electrical receptacles Plumbing fixture controls HVAC diffusers

12.30.060 Exceptions to these requirements: A requestfor an exception from the provisions of this ordinance or the permit conditions may be approved, conditionally approved or denied by the approving body if the exception is necessary due to an unreasonable hardship, or to ensure that the provisions of this chapter and other chapters of the County Code are met, including but not limited to Chapter 16.20 Grading Regulations, Chapter 16.22 Erosion Control, Chapter 16.30 Riparian Corridor and Wetlands Protection, and Chapter 16.34 Significant Tree Protection; or if it can be demonstrated by technical information that the exception is necessary to ensure public health, safety and welfare. A request for an exception must state in writing the provision from which the exception is proposed, the proposed substitute provisions, when the exception would apply and its advantages. In granting an exception, the approving body shall be guided by the following findings:

0 0 0 9 1 4 9

(a) There are special circumstances or conditions affecting the property; (b) Adequate measures will be taken to ensure consistencywith the purposes of this Chapter to the maximum extent feasible; and (c) Relinquishing INCLUSIVE HOME DESIGN will permit the attainment of other County objectives and contribute a greater public benefit than the encouragement of INCLUSIVE HOME DESIGN. (d) If it can be demonstrated to the satisfaction to the building official that cost of any one of the items 4 through 9 listed above would be greater than 5 percent af the cost of the proposed project as a whole, an exception may be granted on this basis, and a maximum of 5 percent of the cost of the proposed project as a whole must be spent on each item. .-

12.30.70 Appeals Appeals of actions taken pursuant to the provisions of this chapter shall be made in conformance with the procedures set forth in Chapter 12.1 2; provided, however, that code enforcement actions and decisions are not subject to administrative appeal except for appeals of revocation of permits pursuant to Section 18.10.136(c). (Ord. 4389A, 4/2/96)

4 230.80 Enforcement Enforcement shall be through the Code compliance process set forth in Chapter 12.

, ” . .. , . . ..

0 0 0 0 1 5 0

County of Santa Cruz BOARD OF SUPERVISORS

701 OCEAN STREET, SUITE 500, SANTA CRUZ, CA 95060-4069 (831) 45-4-2200 FAX: (831)454-3262 TDO: (831) 4562123

JANET K. BEAUTZ ELLEN PIRIE FIRST DISTRICT SECOND DISTRICT

MARDI WORM HOU DT TONY CAMPOS JEFF AlMQUlST

d-2 5 February 12, 2003

Thomas Ferr, Chair Commission on Disabilities 701 Ocean Street Santa Cruz, CY4 9 5 0 6 0

RE : INCLUSIVE HOME DESIGN ORDINANCE

Dear Mr. Ferr :

Thank you for your letter dated February 3, 2003, transmitting a revisionto the proposed InclusiveHome Design ordinance previously submittedby the Commission. As you are aware, on November 19, 2002, the Board directed the Planning Department to return onMarch 4, 2003, with a report reflecting the continuing discussions between members of the Commission and Planning Department staff on the options the Board might have to move this issue forward. I appreciate the Commission1 s ongoing work on this matter and the opportunity to reviewyour latest draft ordinance.

By a copy of this letter to Planning Director Alvin James , I am requesting that Mr. James include a response to this revised draft when this matter returns to the Board in March. I have also provided a copy to each mRMber of the Board.

Thank you for your continuing work on behalf of persons with disabilities.

EP : ted

Very truly yours,

_ - - . .r -<. . -. i. =a

Yerk of the Board cc: 2 lvin James , Planning Director

Members , Board of Supervisors

1238A6

0 0 0 0 1 5 1

4TTACHNEENT 1' ' Commission on Disabilities

County of Santa Cruz

701 ocean Street, Room 30 Santa Cruz CA 95060

Ph# 831-454-235g f a 83 1-454-2433 www. cosanta-cruz. ca.us

February 3,2003

Ellen Pine, Chair County Board of Supervisors 701 Ocean Street, Room 500 Santa Cruz, CA 95060

Dear Chair Pine:

The Commission on Disabilities is recommending a revisionto the oroposed Inclusive Home Design

which as stated in the original version, on averagewould incur an additional $100 in building costs. This cost is minimal compared to the costs that would be incurred to adapt existing homes and is a relatively simple and immediateway to increaseaccessible housingfor our community.This would not only benefit persons who currently livewith disabilities but our elderly population, baby boomerstransitioning into their senior years, and those with short-term physical limitations, regardlessof age.

ordinance submitted in July 2002. The revisioncalls for the ordinan'ceto apply tonewconstruction on 1 , y

Inclusive Home Design provides a platform of basicaccessibilityfeatures in all new homes (single family dwelling units, duplexes and triplexes). Additional accessibility elements required by a disabled or aging person living there may then be added on more easily and less expensively. Some of the features include at least one zero-step accessible entrance, minimumdoor widths, accessible and/or adaptable bathrooms, minimum heightsfor electrical outlets, and maximum heightsfor light switches, thermostats, and other environmental controls.

Our interactionwith the Planning Department has enlightenedthe Commissionto the fact that creating new building codes at the local level is counter-productiveto the effort in standardizing building regulations State-wide and beyond. However, we feel in this case that implementingthese accessible codes at the local level strengthens the nation-wideeffort that is in process to incorporate accessibility regulationsat the State level. This processwill take time and we are concernedthat in the interim every new home or dwellingthat isconstruktgd in Santa Cruz County without the minimalaccess requirementswould mean much higher costs (possiblythousands of dollars) at a later date to bring the homes into compliance.

Attached is a revised copy of the draft ordinance that we would like to recommendfor Santa W County. We thank you in advance for your considerationof this important proposaland for your continued support of persons with disabilities in our community.

Sincerely, - - Thomas Ferr, Chair Santa Cruz County Commission on Disabilities

0 0 0 0 1 5 2

1 Chapter 12.30.00 Sanfa Cruz County Inclusive Home Design Ordinance

Commission on Disabilities Draff

12.30.01 0 Findings Inclusive Home Design, also know as Universal Design and/or Visitability, is a standard recognized both nationally and internationally as a necessityfor meeting the current and future housing needs of our population. The following outlines specific needs and benefits:

People over 65 are the fastest growing sector of the American populationand life expectancies continue to increase.

Whether due to injury or age, there is a great likelihoodfor each of us, at some time in our life, to suffer a temporary or permanentconditionthat limits mobilityor the ability to perform daily tasks of living.

The increasedcost is minimal in constructionof a residencewith zero step entries, wider doorways, bathroom layout that permits access by individualswith mobility impairments, bathroomwalls reinforcedto permit installation of grab bars, and electrical outlets reachable by individualswith mobility impairments, Without these features, the costs and disruption associated with retrofittingan existing home to make it minimally accessibleare substantial.

A residence providing minimal accessibilityoffersthe possibility of occupancy, or visitation by a disabled person.

An occupant of a home having inclusivedesignfeatures, who becomes disabled, whether temporarily or permanently, may be able to remain at home and avoid or postponethe great expense and emotional trauma of institutionalization.

12.30.020 Intent The intent of this ordinance is to provide requirementsthat support inclusive home design throughout the County.They are in addition to State Building CodeTitle 24 requirementsadopted by the County of Santa Cruz in Chapter 12.10.OOBuilding Regulations

12.30.030 Definitions Forthe purposeof this ordinance, the following definitions shall apply:

Accessible bathroom: A Bathroomthat provides sufficient space to enable individualswith mobility impairmentsto have access to a lavatory,water closet, and tub or shower.

Accessible entrance: An entrancewith no steps that allows entrance to a habitabledwelling unit by individualswith mobility impairments. It may be through a garage, and/or through any entrancedoor except bathroom or bedroom. It shall be located immediatelyadjacent to an accessible route to accessible parking.

Accessible floor: Any occupiablefloor containing at least a living room, bedroom, kitchen and bathroom, that is less than one story above or below grade, with direct access to grade.

Accessible route:An interior or exterior circulation path that complies with this standard as amended by these local amendments. It consists of one or more of the following: walks, public sidewalks, ramps, landings, doorways, and parking areas.

-.

Page 2

Accessible parking: A hard flat all weather parking area located immediately adjacent to an accessible route to an accessibleentrance. It may include public sidewalks. Add-on: An increased 500 or more squarefeet to an existing habitabledwelling unit.

~ 1 1 weather surface: A surface on a walk, ramp, landing, or parking area that remainsfirm and not deteriorated or washed out by rainstorms. This could be wood, concrete, asphalt, or some Other fim surfaced material.

Dwelling unit: A detached one, two or three family habitable dwelling unit, or a duplex, or a triplex having one occupiablefloor at grade level.

Element:An architecturalor mechanicalcomponent d a building,facility, space or site.

Level 1anding:A hard flat all weather surfacewith 2% max slope in any direction, located in front of an accessible entranceor at the top and bottomof awalk or ramp, and at intermediate locationswithin the ramp run. Level: Having a slope less than 2% in any direction.

No step entrance: An entrance to the accessiblefloor that has no steps nor a threshold higher than X-inch.

Ramp:A hard flat all weather surface with 8.33%.max running slope, 2% max cross slope and level landings every 30-inches of rise.

Walk: A hardflat all weather surface with 5% max running slope and 2% max cross slope.

12.30.040 Scope Application to Habitable Dwelling Units: The provisions of this Code, as adopted and amended by the administrative authority, shall extend to

3 t e of this ordinance.

b*

and apply to allnew c o n ! & u c t i m ~ s + + w w a d -

j--- . .

C, for which plans are submitted to the Building Official beginning four

12.30.050 Inclusive Home Design Requirements

I. Exterior Accessible Route Each dwelling unit shall have an accessible route leading to a no step accessible entrance to the accessible floor from public and common areas, including, but not limited to, an accessible parking area or public street or sidewalk. It shall consistof walks and rampswith level landings.

Exception: If the finished grade betweenthe dwelling unit and accessible parkingex~eeds8.33~/0 or where other physical barriers (natural or artificial) or legal restrictions,all of which are outside the control of the owner, ramp slopes may have up to 10% running slope for lengths not to exceed 1 0-feet.

0 0 0 0 1 5 4

Page 3 2. interior Accessible Route: Each dwelling unit shall have at least one accessible route connecting all spaces and elements, which are a partof the accessiblefloor of the dwelling unit.

Route shall have a minimumwidth of 36-inches, except at interiordoors, and shall not pass through bathrooms, closets, or similar spaces. lnteriordoors shall have level landingswith beveled thresholds lessthan one half-inch high.

Exceptions: I Not required to provide access to raised or sun ken portions having less than 60 square feet

for living, dining or sleeping rooms. 2. For add-ons, doorway width requirementsonly apply to areas of an add-on, and to the interior accessible route of the existing dwelling unit containing the add-on.

3. Walks Walks shall comply with the following:

Five-foot level landings at top and bottom Four-foot minimum width Cross slope less than 2% Running slope less than 5% No abrupt changes that exceed % inch in height,with a 45degree bevel

4. Ramps Ramps shall comply with the following:

Five-foot level landings at top and bottom Four-foot minimumwidth Cross slope less than 2% Running slope less than 8.33%. Level landings every 30 inches of rise No abrupt changes that exceed% inch in height,with a 45degree bevel

5. Accessible Entrance Entrance shall comply with the following:

There shall be at least one, no step entrance (front, side, rear, or through the garage) to the accessible floor of each dwelling unit. Shall be immediately adjacent to an accessible routeto accessible parking and public sidewalks. Shall not open into a bedroom or bathroom Threshold shall be lessthan %!-inch in heightwith a 45-degree bevel Shall have a 5' x 5' level landing Door shall be 36-inches minimumwidth

6. Accessible Parking Each dwelling unit shall have an accessible parking area (may include public sidewalk) providedwhich is located immediately adjacent to an accessible route to the accessible floor entrance.

Surface slope shall not exceed 2% in any direction. Size shall be at least 1 .$feet long and 17-feetwide. Width may include an adjacent accessiblewalk.

7. Accessible Bathroom Each dwelling unit shall have at least one accessible bathroom on the accessible floor, and shall comply with the following:

Shall have an unobstructed 32-inch wide path of travel to the water closet, lavatory, and tub or tiled shower stal I. Shall have a 32-inch clear space along left or right side d the water closet.

.I 0 0 0 0 1 5 5

Page4

Shall have 2” x 6” horizontal wood blocking installed within wall framing (to support grab bars if desired for current or future installations). The wood blocking shall be located in all walls adjacentto a water closet, shower stall or bathtub. When measured to the center, blocking shall be 33 to 36-iinches above the finished floor.

Exceptions: 1. Reinforcement is not required in a room containing only a lavatory or a water closet, providedthat the room does not contain the only lavatoryor water closet on the accessible level of the dwelling unit. 2. Blocking is not required behinda fiberglass shower surround.

8. Interior Doors The accessible floor of each dwelling unit shall have all doorways with minimum clear opening of 32-inches with the door open ninety (90”) degrees (as measured between the face of the door and the opposite stop). Eachdoor shall have lever handle hardware.

Exceptions: 1. Shower doors and closet or pantry doorswhen the backwall of the closet or pantry is less than 3-feet from the door. 2. For add-ons, doorway width requirementsonly apply to areas in the add-on, and to the interior accessible route of the existing dwelling unit.

9. Switches and Outlets The accessible floor of each dwelling unit shall complywith the following: Thermostats and wall switches controlling lightfixtures and fans shall be located no higher than 48-incbes, on center, above the floor. Where practical, all electrical receptaclesshall be located no lower than 15-inches on center, above the floor. When the receptacle placement is prohibited by the height of a window or design feature, the Chief BuildingOfficial may approve an alternate location.

Exceptions: Electrical receptacles serving a dedicated use Appliance mounted controls or switches Floor electrical receptacles Plumbingfixture controls HVAC diffusers

12.30.060 Exceptions to these requirements: A requestfor an exception from the provisionsof this ordinance or the permit conditions may be approved, conditionally approvedor denied by the approving body if the exception is necessary due to an unreasonable hardship, or to ensure that the provisionsof this chapter and other chapters af the County Code are met, including but not limited to Chapter 16.20 Grading Regulations,Chapter 16.22 Erosion Control, Chapter 16.30 RiparianCorridor and Wetlands Protection,and Chapter 16.34 SignificantTree Protection;or if it can be demonstrated by technical informationthat the exception is necessaryto ensure public health, safety and welfare. A requestfor an exception must state inwriting the provisionfrom which the exception is proposed,the proposed substitute provisions,when the exception would apply and its advantages. In granting an exception, the approving body shall be guided by the following findings:

0 0 0 0 1 5 6

1

Page 5

(a) There are special circumstancesor conditions affecting the property; (b) Adequate measureswill be taken to ensure consistencywith the purposesof this Chapter to the maximum extentfeasible; and (c) Relinquishing INCLUSIVE HOME DESlGNwill permitthe attainmentof other County objectives and contribute a greater public benefitthan the encouragementof INCLUSIVEHOME DESIGN. (d) If it can be demonstrated to the satisfactionto the building official that cost of any one of the items 1 through 9 listed above would be greater than 5 percentof the cost of the proposed project as a whole, an exception may be granted on this basis, and a maximumof 5 percent of the cost of the proposed project as a whole must be spent on each item.

12.30.7OAppeals Appeals of actions taken pursuantto the provisionsof this chapter shall be made in conformancewith the proceduressetforth in Chapter 12.1 2; provided, however,that code enforcement actions and decisions are not subject to administrativeappeal except for appeals of revocation of permits pursuant to Section18.10.136(~). (Ord.4389A, 4/2/96)

12.30.80 Enforcement Enforcementshall be through the Code compliance processset forth in Chapter 12.

0 0 0 0 1 5 7

4TTACHNKNT 2 Assembly Bill No. 2787

CHAPTER 726

An act to amend Section 5 1.2 of the Civil Code, to add Section 17959 to the Health and Safety Code, and to add Section 91 05.1 to the Welfare and Institutions Code, relating to building standards.

[Approved by Governor September 20,2002. Filed with Secretary of State September 20,2002.1

LEGISLATIVE COUNSEL'S DIGEST

AB 2787, Aroner. Existing law presumes that a housing development for senior citizens

constructed on or after January 1,200 1, is designed to meet the physical and social needs of senior citizens for purposes of meeting existing laws regarding age discrimination in housing if the housing development includes specified elements.

Existing law also encourages developers of these housing developments to implement in their construction the principles of universal design or any other design guidelines for home modifications for seniors that may be promulgated by the California Department of Aging.

This bill would, instead, by December 31, 2003, require the Department of Housing and Community Development, in consultation with specified state agencies, and without significantly impacting housing cost and affordability, to develop guidelines and at least one model ordinance for new construction and home modifications that are consistent with particular principles of universal design or other similar design guidelines, as specified.

Under the existing State Housing Law the California Building Standards Code applies to any city or county that does not amend, add, or repeal ordinances or regulations that impose the same requirements as the code, except that the law authorizes a city or county to make changes or modifications as it determines are reasonably necessary because of local climatic, geological, or topographical conditions if the findings of reasonable necessity and the modification or change are filed with the California Building Standards Commission.

The bill would authorize, commencing January 1,2005, a city, county, or city and county to make, by ordinance, changes or modifications to the requirements of the code if the city, county, or city and county determines that the ordinance is reasonably necessary and is

Building standards: universal design.

94

Ch. 726 - 2 -

substantially the same as the guidelines or model ordinance prepared by the department pursuant to the bill.

The bill would encourage developers of housing for senior citizens, persons with disabilities, and other persons and families, in a city or county where a universal design ordinance has not been adopted, to seek information regarding the principles of universal design, as specified.

The bill would authorize the California Department of Aging, in partnership with specified entities, to develop and provide consumer advice regarding home modification for seniors and persons with disabilities.

The people of the State of California do enact as follows:

SECTION 1. (a) California’s population is aging, and most aging persons prefer to

stay in their homes and neighborhoods as long as possible. In addition, many households share their homes with parents, children, spouses, and other household members who have a range of temporary or permanent mobility disabilities. For all of these persons, the social and financial costs of residential care settings often are excessive and impose additional costs for government assistance programs.

(b) Many California households are seeking to have their homes constructed or modified to allow for full life cycle use, available for visits or residence by parents, grandparents, and others who have difficulty entering or using these homes due to barriers resulting from traditional construction standards. Adding home modifications after construction far exceeds the cost of including barrier-free standards at the time of construction and often results in temporary displacement until modifications are complete.

(c) Many government and private entities have considered adoption of the principles of universal design to allow for inclusive use of homes. Universal design has several major components: designing products so that they are flexible enough that they can be used by people with a wide range of abilities and circumstances, and designing homes and appliances so that they are compatible with assistive technologies that might be used by those who cannot efficiently use the products directly. Universal design options include, but are not limited to, zero-step entries based on site grading or ramps, wider doorways and doors with lever handles, bathrooms amenable to the addition of assistive facilities, safe passageways and work areas, and use of appropriately installed switches and receptacles, counters, and appliances.

(d) The costs of construction or home modifications using the principles of universal design are increased by inadequate knowledge of

The Legislature finds and declares as follows:

oooo15a

4TTACHMEhlT 2

94

r

- 3 - Ch. 726

the options, benefits, and opportunities, and the lack of consistent standards throughout a jurisdiction or the state. Local governments do not have authority to enact ordinances regulating universal design standards for residences under current state laws.

(e) The development and dissemination of guidelines and model statewide ordinances, and the authority for enactment of these model ordinances by local governments, will provide a variety of social and financial cost benefits to individuals and government agencies serving persons who are aging or frail, They also will maintain building code consistency, and encourage the development of new appliances and assistive devices that encourage inclusive use of homes. They also will permit persons who are aging or frail to remain with their families, in their own homes, for longer periods by encouraging increased development and modification of homes with barrier-free access and use.

SEC. 2. 51.2.

Section 5 1.2 of the Civil Code is amended to read: (a) Section 51 shall be construed to prohibit a business

establishment from discriminating in the sale or rental of housing based upon age. Where accommodations are designed to meet the physical and social needs of senior citizens, a business establishment may establish and preserve that housing for senior citizens, pursuant to Section 5 1.3, except housing as to which Section 5 1.3 is preempted by the prohibition in the federal Fair Housing Amendments Act of 1988 (P.L. 100-430) and implementing regulations against discrimination on the basis of familial status. For accommodations constructed before February 8, 1982, that meet all the criteria for senior citizen housing specified in Section 5 1.3, a business establishment may establish and preserve that housing development for senior citizens without the housing development being designed to meet physical and social needs of senior citizens.

(b) This section is intended to clarify the holdings in Marina Point, Ltd. v. Wolfson (1982) 30 Cal. 3d 72 and O’Connor v. Village Green Owners Association (1 983) 33 Cal. 3d 790.

(c) This section shall not apply to the County of Riverside. (d) A housing development for senior citizens constructed on or after

January 1,200 1, shall be presumed to be designed to meet the physical and social needs of senior citizens if it includes all of the following elements:

( 1 ) Entryways, walkways, and hallways in the common areas of the development, and doorways and paths of access to and within the housing units, shall be as wide as required by current laws applicable to new multifamily housing construction for provision of access to persons using a standard-width wheelchair.

0 0 0 0 1 5 9

ATTACHMENT 2

94

r

Ch. 726 - 4 -

(2) Walkways and hallways in the common areas of the development shall be equipped with standard height railings or grab bars to assist persons who have difficulty with walking.

(3) Walkways and hallways in the common areas shall have lighting conditions which are of sufficient brightness to assist persons who have difficulty seeing.

(4) Access to all common areas and housing units within the development shall be provided without use of stairs, either by means of an elevator or sloped walking ramps.

( 5 ) The development shall be designed to encourage social contact by providing at least one common room and at least some common open space.

(6) Refuse collection shall be provided in a manner that requires a minimum of physical exertion by residents.

(7) The development shall comply with all other applicable requirements for access and design imposed by law, including, but not limited to, the Fair Housing Act (42 U.S.C. Sec. 3601 et seq.), the Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.), and the regulations promulgated at Title 24 of the California Code of Regulations that relate to access for persons with disabilities or handicaps. Nothing in this section shall be construed to limit or reduce any right or obligation applicable under those laws.

Section 17959 is added to the Health and Safety Code, to read:

(a) No later than December 3 1, 2003, the department shall consider proposed universal design guidelines for home construction or home modifications which may be submitted by the California Department of Aging, the California Commission on Aging, the Department of Rehabilitation, the office of the State Architect of the Department of General Services, the office of the State Fire Marshal, the California Building Standards Commission, or other state departments. Thereafter, the department, without significantly impacting housing cost and affordability, shall, in consultation with these agencies, develop guidelines and at least one model ordinance for new construction and home modifications that is consistent with the principles of universal design as promulgated by the Center for Universal Design at North Carolina State University or other similar design guidelines that enhance the full life cycle use of housing without regard to the physical abilities or disabilities of a home’s occupants or guests in order to accommodate a wide range of individual preferences and functional abilities. In developing these guidelines and model ordinances, the department also shall meet with, and solicit information from, individuals and organizations representing individuals and entities with interests in

SEC. 3.

17959.

94

0 0 0 0 1 6 0

4TTACHNKNT 2

r

- 5 - Ch. 726

construction, local governments, the health and welfare of senior citizens and persons with disabilities, architects, and others with expertise in these design and living issues. The department shall ensure that at least three meetings subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11 120) of Chapter 1 of Part 1 of Division 3 of the Government Code) shall occur, that shall include opportunities for government agencies, individuals, and organizations identified in this subdivision to participate and comment on proposed

(b) (1) In addition to the authority granted by Sections 17958.5 and 18941.5, and for the purposes of this section, a city, county, or city and county may, by ordinance, make changes or modifications in addition to or in excess of the requirements contained in the California Building Standards Code adopted pursuant to Sections 17922 and 18928 if the

guidelines or draft model ordinances.

city, county, or city and county makes a finding that the changes and modifications are reasonably necessary and are substantially the same as the guidelines or model ordinances adopted pursuant to subdivision (a). In no case shall the changes or modifications be less restrictive than the requirements published in the California Building Standards Code.

(2) A city, county, or city and county adopting an ordinance pursuant to this subdivision shall file a copy of the ordinance and the findings with the department. No such ordinance shall become effective or operative for any purpose until the findings and the ordinance have been filed with the department. The department may review the findings and each ordinance to evaluate their consistency with this subdivision, and shall provide written comments to the adopting entity as to any such evaluation.

(c) (1) In a city, county, or city and county where a universal design ordinance has not been adopted pursuant to subdivision (b), developers of housing for senior citizens, persons with disabilities, and other persons and families are encouraged, but not required, to seek information and assistance from the department and the California Department of Aging regarding the principles of universal design specified in subdivision (a) and consider those principles in their construction.

(2) The department, the California Department of Aging, and any other interested state agency also may, to the extent feasible, disseminate information to interested persons and entities in all parts of the state regarding the principles of universal design and their relationship to new construction and home modifications.

1

(d) Subdivision (b) shall become operative on January 1,2005. SEC. 4.

Code, to read: Section 9105.1 is added to the Welfare and Institutions

94

r

Ch. 126 - 6 -

9105.1. The department, in partnership with the area agencies on aging, the Department of Rehabilitation, any independent living centers, any contractor selected to implement the federal Assistive Technology Act of 1998 (Public Law 105-394), and any organization that serves seniors and persons with disabilities, may develop and provide consumer advice regarding home modification for seniors and persons with disabilities.

0

94

0 0 0 0 1 6 2

4TTACHNKMT Z *

- 0 0 0 0 1 6 3 4TTACHMENt tg o w

Assembly Bill No. 1400

CHAPTER 648

An act to add Section 17959.6 to the Health and Safety Code, relating to housing.

[Approved by Governor October I , 2003. Filed with Secrctary of State October 1.2003.1

LEGISL.UIVE COUNSEL’S DIGEST

AB 1400, Wolk. Housing: accessibility. (1) The existing State Housing Law requires the Department of

Housing and Conimunity Development, in consultation with specified state agencies, to develop guidelines and at least one model ordinance for new construction and home inodifications that are consistent with particular principles of universal design or other similar design guidelines to enhance housing for, among others, persons with disabilities. Comniencing January 1, 2005, a city, county. or city and county may. by ordinance, modify code requirements if it determines that it is reasonably necessary and substantially the same as the guidelines or model ordinance. Existing law also encoumges developers of housing for senior citizens, persons with disabilities, and others, in a city or county where a universal design ordinance has not been adopted, to seek inforniation regarding the principles of universal design, and authorizes the California Department of Aging, in partnership with specified entities, to develop and provide consumer advice regarding home niodification for seniors and persons with disabilities.

This bill would, within the State Housing Law. require a developer of any new residential housing development. beginning 90 days after the Department of Housing and Community Development adopts a standard form, but no sooner than July 1, 2004, to provide a buyer a list of specified universal accessibility features that would make the home entrance, interior routes of travel, kitchen, and bathroonis, fully accessible to persons with disabilities. It would provide that a willful violation of these provisions shall be punishable by a civil penalty of $500. Because a violation of the State Housing Law is a misdeineanor under other provisions, the bill would create a state-mandated local program by creating a new crime. The bill would authorize the Department of Housing and Conimunity Development to adopt implementing regulations and to develop a standard form providing the information required by the bill.

93

r

0 0 0 0 1 6 4

Ch. 648 - 2 -

(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursemen t.

This bill would provide that no reimbursement is required by this act for a specified reason.

SECTION I . Section 17959.6 is added to the Health and Safety Code, to read:

17959.6. (a) Ninety days after the Department of Housing and Community Development certifies and makes available a standard form pursuant to subdivision (h), but in no event sooner tlian July 1,2004, for housing developments for which a building permit application is submitted on or after that date, a developer of any new for-sale residential housing development, including, but not limited to, a single family dwelling, duplex, triplex, townhouse, condominium, or other homes, shall provide to a buyer a list of universal accessibility features that would make the home entrance, interior routes of travel. the kitchen, and the bathrooms fully accessible to persons with disabilities.

(b) (1) (A) The list shall include the features described in paragraphs (2) to (7), inclusive, and any others that the developer deems necessary or appropriate to effectuate the purposes of this section.

(B) To the extent that any of the features described in paragraphs (2) to (7). inclusive, are included in Chapter I1 A of the California Building Code (Part 2 of Title 24 of the California Code of Regulations), they shall be listed consistent with, and shall be installed in a manner at least consistent with, that chapter. A developer that lists and installs materials and features in a manner at least consistent with Chapter 11A or successor chapters of the California Building Code, shall be deemed to be in compliance with the requirements of this subparagraph. Other features shall be listed and installed in a manner appropriate to effectuate the purposes of this section.

(C) Notwithstanding subparagraph (B), the developer and buyer may agree in writing to different standards than those provided in subparagraph (B) if thc different standards and their deviation from the standards in subparagraph (B) are clearly disclosed.

(2) General external adaptations: (A) Acccssiblc route of travel to the dwelling unit. (B) Accessible landscaping of the side and rear yards. (C) Accessible routc from the garage or parking arca to the dwelling

unit primary and secondary entries.

94

r

4TTACHNKNT 3

0 0 0 0 1 6 5

4TTACHMNT 3 - 3 - Ch. 648

(3) Doors, openings, and entries: (A) Accessible primary front door, doorway, and threshold. (B) Accessible interior doors and doorways. (C) Acccssible secondary extcrior doors, doorways. and thresholds. (D) Accessible levered handles on all specified doors. (E) An entry door sidelight or high and low peephole viewers. (F) Visual fire alarms and visual doorbells. ((3) Accessible slidiiig glass door. (4) General interior adaptations: (A) Accessible routes to at least one bedroom, bathrooin, and kitchen

(B) Accessible switches, outlets. and thermostats. ( C ) Visual fire alarms and visual doorbells. (D) Rocker light switches. (E) Closet rods and shelves adjustable from threc feet to five feet six

(F) A residential elevator or lift. (G) If provided, a service porch with accessible workspace, cabinets,

and appliances. (5) Kitchen: (A) Adequate accessible clear floorspace at appliances. (B) Repositionable sink and countertop workspaces. (C) Accessible cabinets and drawers, including pullout shelves,

(D) Accessible sink features and controls. (E) Accessible built-in or providcd appliances, including refiigerator,

stove, oven, dishwasher, and countertop microwave or convection oven. (F) Enhancements such as a contrasting color edge at countertops,

contrasting floor designs marking accessible routes and work areas, antiscald device on plumbing fixtures, and undercabinet lighting.

(6) Bathrooms and powder rooms (applicable to one or iiiore bathrooms, at the option of the buyer):

(A) Grab bar backing and grab bars in all requcstcd locations. (B) Accessible clear floorspace and turning circles. (C) Accessible sink (lavatory) with adequate knee space and

(D) Accessible toilet (water closet). (E) Accessible roll-in shower in lieu of a standard tub or shower. (F) Accessible faucet handles and an adjustable handheld

showerliead. (G) Enhancements such as a contrasting color edge at counteitops,

contrasting floor designs marking accessible routes and work areas, and antiscald device on plumbing fixtures.

from the primary entrance.

inches high.

bread boards, and Lazy Susans.

protect ion.

94

.'

Ch. 648 -4 -

(7) Any otlier external or 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 disabilities in order to accommodate any type of disability.

( c ) For each feature on the list required by subdivision (b), the developer shall indicate whether the feature is standard, limited, optional, or not available.

(d) If a developer chooses to offer those features listed in subdivision (b) as modifications that may be made to a home, the developer shall indicate on the list required by subdivision (b) at what point in the construction process the buyer must notifjr the developer that the buyer wishes to purchase the features.

(e) If a local jurisdiction adopts a model ordinance developed pursuant to Section 17959 that requires developers to provide standard or optional accessibility features in homes described in subdivision (b), a developer subject to that ordinance is required to include on the list required by subdivision (b) only those features beyond those required by the ordinance.

(f) Nothing in this section shall be construed to require a developer to provide the features listed in subdivision (b) during the construction process 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.

(g) Any willful violation by a developer of this section shall be punishable by a civil penalty of five hundred dollars ($500).

(h) The department may adopt regulations that it determines are necessary and appropriate for the use and enforcement of this section. The regulations may include. but not be limited to, providing specificity to any features not otherwise covered as mandatory features in Chapter 11A or 11B of the California Building Code, additional mandatory requirements for fornis, and additional procedures for offer or acceptance of features. The department may develop, certify, and make available a standard form providing the information required by this section, except for costs, and that standard form shall be exempt from adoption pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11330) of Part 1 of Division 3 of Title 2 of the Government Code). A developer's use of a form substantially the same as that developed and distributed by the department shall be deemed to comply with this section.

(i) Pursuant to Section 17959, upon adoption by the department of guidelines or a model ordinance that defines those features deemed to provide universal accessibility, those guidelines or that model ordinance shall supersede the features listed in subdivision (b).

94

r

0 0 0 0 1 6 6 AJTACHMEWT 3

0 0 0 0 1 6 7

ATTACHMENT 3 - 5 - Ch. 648

(j) This section shall not he construed to require action by thc California Building Standards Commission pursuant to the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code).

No reimbursement is required by this act pursuant to Section 6 of Article XI11 E3 of thc California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XiIi B of the California Constitution.

SEC. 2.

(34

r

O O O O l G ~ 4TTACHMENT 4*

HCD Model Universal Design Local Ordinance (AB 2787)

I . Purpose and Intent

[To be provided by adopting local government]

I I . Findings

[Required by H&SC section 17959Co be provided by local government]

I l l . Definitions. For the purpose of this [ordinancelchapter], the following terms shall have the following definitions:

Accessible: Consistent with or as defined by the California Building Code, Chapter

ANSI A I 17.1: The most current version of the “Standard on Accessible and Usable 11A.

Buildings and Facilities”, commonly known as “ICCIANSI A I 17. I”, published by the International Code Council and American National Standards Institute, I nc.

shower, bathtub, combination bathtublshower, or both a shower and bathtub.. It includes a compartmented bathroom in which the fixtures are distributed among interconnected rooms.

Bathroom: A room containing a toilet (water closet), lavatory (sink), and either a

Building Department: As defined by the California Building Code. Building Official: As defined by the California Building Code. CBC, Chapter I I A : Chapter 11A of the California Building Code (located in Part 2,

Title 24, California Code of Regulations), or its successor provisions. CitylCounty Financial Assistance: p f applicable, local government shall define

consistent wifh 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.]

CityKounty Nonfinancial Assistance: [if applicable, local government shall define consjsfenf with local ordinances, and may include expedited or front-of-the-iine 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 wifh 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 &hew 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.

a

Model UD Ord~ce-10-31-05-Final ’ i

1

0 0 0 0 1 6 9 ATTACHMENT 4

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 [ordinancelchapter] by virtue of being within the scope of this [ordinancelchapter] as defined in [section IV, below, and “Slandards”paragraphs].

IV. Scom and Amlication

A. Unit Coveraqe : [ percent (--%I of OR Nlj residential dwelling units which are, or are intended to be, [owner-occupied OR renfal OR owner-occupied and renfag 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 [ordinancelchapter- and C percent (--%) of OR alu 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 [ordinancelchapter] shall be Visitable Residential Dwellings.

ideniifying or determining which residential dwelling unit or units will be subject fo the ordinancelchapfer shall be specified in this ordinancelchapter by the citylcoun fy.]

[NOT€: I f less than 400% of any opiion is selecied, ihe adminisfraiive process for

B. Unit TvDes: New construction and substantial rehabilitation of the following types of residential dwellings shall be subject to this [ordinancelchapter]: Fhe citycounty must choose eifher 3. I or 3.2, or an option which is substantially the same.]

Option 8. I . All single-family, duplex, and triplex residential dwellings except for custom - b u il t h ome s.

Option 8.2. 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 - b u il t homes.

V. Exemptions

A. When the applicant adequately demonstrates and the Building Official determines that compliance with any portion of any regulation under this [ordinancelchapter] 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 [ordinancelchapter] would create an undue hardship due to topographical conditions of the

Model UD Ordh-lO-31-05-Final 2

4TTAC H MEMT

site [andlor the size of the site] [andlor other site constraints] [andlor 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 [ordinancelchapfer] 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: Primarv Entrance:

A. New Construction-Mandatow to Install: There are no mandatory installations related to a Primary Entrance in a Visitable Residential Dwelling.

8. New Construction-Mandatorv 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 purchaserlowner, if requested when installation is consistent with [paragraph XIVJ

I. An exterior accessible route that is either.

a. Consistent with the requirements of CBC Chapter 1 IA; or

b. Not be less than forty inches (40”) wide and not have a slope greater than one ( I ) unit vertical in twenty (20) units horizontal.

2. The accessible primary entrance that is consistent with the requirements of CBC Chapter 1 IA.

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 1 IA; 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 1 ?A, 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.

4

Model UD Ordinance-10-31-05-Final 3

0 0 0 0 1 7 1

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 ofthis paragraph Vl], and all of the requirements and options in [subsection B paragraph Xlll] 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 XlV].

Vll. Standards: Interior Routes:

A. New Construction-Mandatorv to Install: There are no mandatory installations related to Interior Routes in a Visitable Residential Dwelling.

B. New Construction-Mandatorv 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 XI v]:

1. At least one accessible route through the hallways consistent with the requirements of CBC Chapter 11Afrom 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 purchaserhwner.

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 VI/] and the requirements and options in

Model UD Ordinance-10-31 -05-Fbl 4

0 0 0 0 1 7 2 4TTACH NE NT

[SubsectionS of paragraph XW] applicable to the interior route from the primary entrance shall be offered and, if accepted, installed at the request and cost of the purchaserlowner, if requested when installation is consistent with [paragraph XIV].

VIII. Standards: Primarv Floor Powder Room/Bathroom Entw and Facilities

A. New Construction-Mandatow to Install: There are no mandatory installations related to the powder room, bathroom, or other facilities in a Visitable Residential Dwelling.

8. New Construction-Mandatow 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 purchaserfowner, 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 1 IA.

2. Clear space in the bathroom or powder room that is either:

a. Consistent with the requirements of CBC Chapter 1 IA; or

b. Outside of the swing of the door and either a forty-eight inch circle, forty- eight inches by sixty inches (48” x SOs) or a sixty-inch (60”) diameter circle, at the option of the purchaserlowner.

3. A bathtub or shower meeting the requirements of ANSI A I 17.1

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 I I A for the toilet, showerlbath, or lavatory, or any combination thereof, at the option of the p u rc h a se r/ow n e r.

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 1 IA.

7. A toilet installed consistent with CBC Chapter 1 IA.

8. Removable cabinets under the lavatoryfsink.

9. Where mirrors and towel fixtures are provided in the accessible bathroom or powder room, installation consistent with the requirements of CBC Chapter 1 IA.

Model UD Ordinance-10-31 -05-Final j’ n$.

5

4

0 0 0 0 1 7 3 4TTACHMENT 4

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 offhis paragraph VlllJ and the requirements and options in [subsection B ofparagraph Xlil] applicable to that bathroom or powder room shall be offered and, if accepted, installed at the request and cost of the purchasedowner, if requested when installation is consistent with [paragraph XIV].

IX. Standards: Kitchen and Facilities

A. New Construction-Mandatorv to Install: There are no mandatory installations related to a kitchen in a Visitable Residential Dwelling.

B. New Construction-Mandatorv 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 purchaserlowner, if requested when installation is consistent with [paragraph Xili]:

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 1 IA.

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 SolJ) 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 1 IA.

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 componen ts.

X. Standards: Common Use Room:

A. New Construction-Mandatoiv to Install: There are no mandatory installations related to a common use room in a Visitable Residential Dwelling

Model UD Ordinance- 10-3 1 -05-Final 6

B use room

0 0 0 0 1 ATTACHMEN1

New Construction-Mandatory to Offer: The following options for the common 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 XI w:

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 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-Mandatorv 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 purchaserlowner, if requested when installation is consistent with [paragraph XI VJ

At least one bedroom on the accessible route of travel with all components meeting the requirements of [paragraph XlllJ 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-Mandatorv to Install: There are no mandatory installations related to miscellaneous areas of a Visitable Residential Dwelling.

74 4

Model UD Ordinance- 10-31 -05-Final 7

0000175 4TTACHNKMT 4

8 New Construction-Maridatow 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 X l v :

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-Mandatotv to Install: There are no mandatory installations related to general components in a Visitable Residential Dwelling

E?. New Construction-Mandatow to Offer: The following options shall be offered, and if accepted, installed at the request and cost of the purchaserlowner, if requested when installation is consistent with [paragraph X l v :

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 1 IA.

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 ownedpurchaser 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.]

Model UD Ordinan~-10-31-05-Final 8

0 0 0 0 1 7 6

4TTACHMENT 4

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 1 IA.

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 I 17.1 may be used throughout this [ordinancelchapter] when CBC Chapter 1 1A does not contain specific standards or when the ANSI Standards are equivalent to the Chapter 11A standards.

XIV. Stand ard s: New Con st tu ct ion or Subs tan t ial Re ha bi lita tion-Pe rmissive ODt ions

A. The developer or builder of a Visitable Residential Dwelling must offer an opportunity to select any the features listed in this [ordinancelchapter] 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 1 1A and which offer greater availability, access or usability, and these are deemed to be in co m p I ia n ce with t h is [ordinancelch apter].

Model UD Ordinanee-10-31-05-Final “;*

9

0 0 0 0 1 7 7 4TTACHMENT 4

XV. Enforcement:

A. It is unlawful for any person or entity to fail to comply with the requirements of t h is [ordinancelchapter].

B. [Local option] 7he cifyicounty may prescribe administrative, civil, or criminal penalties or consequences, or any combination thereof, for violations of this [ordinancelchapter] which are consistent with those applicable for what if deems comparable municipal provisions. These may include, but are not limited to, enforcement provisions of the State Housing Law, sections 4 7940, et seq., of the California Health and Safety Code; injunctive relief or civil penalties; and requiring compliance prior to issuance of a final inspecfion report or certificate of occupancy.]

C. Remedies under this [paragraphlseciion] 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 [ordinancelchapter] to determine compliance with this [ordinancelchapter], the Building Official may assess fees against the owner to recover the costs to the [cifyicouniy] according to a fee schedule established by the [cityicounty]. The assessment and collection of these fees shall not preclude the imposition of any administrative or judicial penalty or fine for violations of this [ordinanceichapter] or applicable state laws or regulations.

E. [Local Option] [The cifyicounty rnaylshall develop a means of providing public certification as to any residen tial dwelling unit 3 compliance with this [ordinanceichapter]. No such certificaiion shall be affixed to the residential dwelling unit or fhe property on which it is located without the authorization of the owner or renter.]

XVI . Severa bilitv. [The citylcouniy may adopt appropriate language.]

XVI I. Effective Date: [The citylcouniy may adopi appropriaie language.]

Model UD Ordinanm-10-31-05-Final 10

0 0 0 0 1-7 8 4TTACHNNT 5

NEW HOME UNIVERSAL DESIGN CHECKLIST (AB 1400)

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 I of this Checklist includes those features related to exterior adaptations, doors and openhgs, 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 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.

All features covered by “Chapter I I A 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 I I A must be selected and installed in a workmanlike manner by the builder unless they are further described in Part 111.

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 1 IA , unless the builder and buyer agree in writing to different standards than those in Chapter I ?A and the differences are clearly disclosed in Part 111. A builder is not required to install the listed features unless the builder offers them and both of the following occur: ( I ) 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 (‘I“), an option (“CY), 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 Ill (e.g., “Yes” or “No”). Cost”: optional labor and materials costs which may be estimated by the builder.

h

0 0 0 0 1 7 9 4’TACHNCEMT 5

Model Universal Design Checklist (10/28/05)

PART I: General Exterior and Interior Components and Features

Page 2

Feature Status - Exterior Adaptations Accessible route of travel to dwelling from public sidewalk or thoroughfare to primary entrance

Graded path* --- Ramp* --- Driveway to graded path ---

and rear yard ---

No-step entry (1/2” or less threshold)* --- Accessible landscaping of at least one side yard

Accessible route from garage/parking to home’s primary entry*

Other options offered by builder [List in Part Ill] Accessible route from garage/parking to secondary entry ---

Exterior Doors, Openings, and Entries: Minimum 32” dear primary entry doorway* Minimum 32” dear secondary entry doorway* Primary entry accessible internallexternal maneuvering

Secondary entry accessible internal/external maneuvering

Primary entry door sidelightlwindow

Other options offered by builder [List in Part Ill]

--- ---

clearances, hardware ~ thresholds ~ and strike edge clearances*

clearances, hardware, thresholds, and strike edge clearances* Primary entry accessible/dual peephole and doorbell

Accessible sliding glass door and threshold height* Weather-sheltered entry area ----

---

---

General Interior Modifications Accessible route of travel to at least one bathroom/powder room,

Accessible route of travel: other areas* 42” wide hallways/maneuvering clearances with 32” clear

39” wide hallways/maneuvering clearances with 34” clear

Accessible hardware, strike edge clearance, and thresholds for

Light switches, electric receptacles, and environmental and alarm controls at accessible heights on accessible routefroomsf

Light switches, electric receptacles, and environmental and

Light switches, electric receptacles, and environmental and

kitchen, and common room* --- ---

doorways on accessible route*

doorways on accessible route* ----

accessible doorways* ----

Accessible hallway and doorway widths: other areas* ---

alarm controls at accessible heights on primary floor^

Rocker light switcheslcontrols 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

----

alarm controls at accessible locations when over barriers* ___- ----

---

Details Cost

Abbreviation Meanings: Standards in CA Bldg Code (Chapter I lA), (“**’); Status: Standard Option Before Internal Wall Covering (“BIW); Details: See Part I l l (“Y” or “Yes”)3 None (“N” or “No”).

Limited (“La?, or Not Available (“NA); T m q : Any Time (,,AT), Before Foundation (“BFo”), Before Framing (“BFr) I

0 0 0 0 1 8 0

Model Universal Design Checklist (10/28/05) Page 3

Feature

Nonslip carpet/floor for accessible route Handrail reinforcement (1 side) provided in all accessible

routes of travellrooms over 4 feet long Handrails { 1 side) provided in all accessible routes of

travelh-ooms 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

travellrooms 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 l i f t Electrical and location for future elevator

Accessible route of travel Accessible workspace Accessible cabinets Accessible appliances

Laundry Area, i f provided:

Other options offered by builder [List in Part I l l ]

Status Timinq Details Cost

Kitchen At least one kitchen on accessible route of travel Adequate worWfloor space in front of:

----

Stove (specify 30’%48” 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 3Wx48” or greater)*

Stove --- Refrigerator --- Dishwasher --- Sink --- Oven (if not part of stove) M icrow av e/ rece pt acle at count e rto p height

All or a specified portion repositionable*

---- ---- ___- _--- ----

Accessible appliances (doors, controls, etc.)

--- _---

O ther appliances

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 kneeltoe space -- O th er features

Base cabinets: pull-out and/or Lazy Susan shelves Wall cabinets: pull-out and/or Lazy Susan shelves

Accessible handles//touch latches for doorsldrawers

Accessible countertops _---

Cabinets:

Additional interior lighting _--- A ddi ti onal under- cabi net I ig h ti ng _---

----____________________________________ Abbreviation Meanings: Standards in CA Bldg Code (Chapter 1 IA), (“*”); Status: Standard (LLS’z)I Limited (“L”), Option {“O”), or Not Available (“NA); Timinq: Any Time (“AT)* Before Foundation (“BFo”), Before Framing (“BFr”) ~

Before Internal Wall Covering (73IW); Details: See Part Ill (‘Y or “Yes’?> None (L‘N’’ or “No”).

Model Universal Design Checklist (10/28/05)

Feature

Under-cabinet roll-out carts Other features

Re posit iona ble hei g M* Removable base cabinets under sink* Single-handle lever faucet^ H os e/ sprayer feature Anti-scald device Other features

Edge border of cabinetslcounters Flooring: in front of appliances Flooring: on route of travel 0 the r features

Other options offered by builder [List in Part Ill]

Sink:

Contrasting Colors:

BathroomlPowder Room 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 andlor 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/accessi ble medicine chest Accessible counter space near sink Single-handle lever faucets* Anti-scald devices for sink Accessible hand1 esllt ouch I atche s fo r doo rsldrawers Lower towel rack@) --- Lo we rlt i It e d m i rr G) r( s) Contrasting floor color --- Fold-down/fixed shower seat@) ---

---

O O O O i 8 1

Page 4

Details Cost

Abbreviation Meanings: Standards in CA Bldg Code (Chapter I IA), (,,*”); Status: Standard (,,Sa’), Limited (“L”), Option (‘LO’’)I or Not Available (“NA); Timinq: Any Time (“AT), Before Foundation (“BFo”), Before Framing (“BFr”) , Before Internal Wall Covering (“BIW); Details: See Part Ill ( ‘Y or ‘‘Yesa>* None (,,Na’ or “No”).

Model Universal Design Checklist (10/28/05)

Feature Status Timina

Accessible toilet tissue holder ---- ---- Hand-held adjustable shower spray unit@) ---- ----

Other options offered by builder [List in Part Ill]

Part II: Other Components and Features

Common Room 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 Ill]

Bedroom One bedroom on accessible route of travel Two or more bedrooms on accessible route of travel Closets have minimum 3 2 clear opening” Larger ‘Walk-in” closets Closets have adjustable (36”-60”) shelves and bars Other options offered by builder [List in Part Ill]

Laundry Area Laundry area on accessible bath of travel Accessories:

Accessible workspace Accessible cabinets Accessible handles//touch latches for doorsldrawers Accessible appliances

Other options offered by builder [List in Part Ill]

0 0 0 0 1 8 2 4TTACHMENT 5

Page 5

Details Cost

----------------------------------__--_____________-_________-__________________ Abbreviation Meanings: Standards in CA Bldg Code (Chapter 1 lA), (‘*’a); Status: Standard (LIS”), Limited (LIL’?, Option (“0”)1 or Not Available (“NA); Timinq: Any Time (“AT”), Before Foundation (“BFo”), Before Framing (LIBFr”) I

Before Internal Wall Covering (“BIW); Details: See Part Ill ( ‘Y or “Yes’), None (LINY or “No”).

0 0 0 0 1 8 3

Model Universal Design Checklist (10/28/05) Page 6

Part 111: Additional Details, ComDonents, 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 111. 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 111.8: _--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, largerfmore automatic thermostats, pocket doors, etc. (Attached as Part 1II.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 1II.D: ---Yes ---No)

E. Variation from State Chapter I I A 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 1II.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 11l.F: --Yes ---No)

Form Provided by Builder to Buyer: -_--__-_------- Bu i Ide r lni ti al s/ Date Buyer I nit ialsl D at e

No Universal Design Features Requested: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Buyer SignaturelDate

Universal Design Features Identified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . And Agreed To By Builder and Buyer: Buyer Signatu re/Date

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - Abbreviation Meanings: Standards in CA Bldg Code (Chapter 1 lA)s (“*‘a); Status: Standard (“Sa’), Limited (“La), Option (“Oa*)I or Not Available (“NA); Timinq: Any Time (,,AT)* Before Foundation (“BFo”), Before Framing (“BFr”) I

Before Internal Wall Covering (“BIW); Details: See Part Ill ( ‘Y or “Yes”), None (“N” or “No”).