Section 1102A Building Accessibility

Buildings or portions of buildings and facilities within the scope of this chapter shall be accessible to persons with disabilities. Each building on a building site shall be considered separately when determining the requirements contained in this chapter, except when calculating the number of units which must comply with Section 1102A.3.1. Dwelling units within a single structure separated by firewalls do not constitute separate buildings.

Newly-constructed covered multifamily dwellings as defined in this chapter, include, but are not limited to, the following:

1. Apartment buildings with 3 or more dwelling units including timeshare apartments not considered a place of public accommodation or transient lodging as defined in Health and Safety Code Section 19955 (a), and Chapter 2 of the California Building Code.
2. Condominiums with 4 or more dwelling units including timeshare condominiums not considered a place of public accommodation or transient lodging as defined in Health and Safety Code Section 19955 (a), and Chapter 2 of the California Building Code.
3. Lodging houses, as defined in Chapter 2 of the California Building Code, used as a residence with more than 3 but not more than 5 guest rooms.
4. Congregate residences, as defined in Chapter 2 of the California Building Code, with 3 or more sleeping units.
5. Dwellings with 3 or more efficiency units, as defined in Chapter 2 of this code, or Section 17958.1 of the California Health and Safety Code.
6. Shelters for homeless persons, not otherwise subject to the disabled access provisions of the Division of the State Architect-Access Compliance (DSA-AC).
7. Dormitories, as defined in Chapter 2 of this code, with 3 or more guest rooms as defined in Chapter 2 of the California Building Code.
8. Timeshare dwellings with 3 or more units, not considered a place of public accommodations or transient lodging as defined in Health and Safety Code Section 19955 (a), and Chapter 2 of the California Building Code.
9. Other Group R occupancies in covered multifamily dwellings which are regulated by the Office of the State Fire Marshal. See Section 1.11.
10. Public housing as defined in Chapter 2 of this code is subject to provisions of the Division of the State Architect (DSA-AC) in Chapter 11B. Newly constructed covered multifamily dwellings, which can also be defined as public housing, shall be subject to the requirements of Chapter 11A and Chapter 11B.

The building standards contained in this chapter do not apply to the alteration, repair, rehabilitation or maintenance of multifamily dwellings constructed for first occupancy prior to March 13, 1991.

Covered multifamily dwellings shall be maintained in compliance with the accessibility standards in effect at the time of construction. Apartments constructed prior to March 13, 1991 shall be maintained in compliance with the accessibility standards in effect at the time of construction.

Additions shall be subject to the requirements of this chapter, provided the addition, when considered alone, meets the definition of a covered multifamily dwelling, as defined in Chapter 2. New common use spaces serving existing covered multifamily dwellings shall be subject to the requirements of this chapter.

Note: For all existing public use areas, public accommodations, and public housing, see Chapter 11B for provisions of the Division of the State Architect-Access Compliance (DSA-AC).

This section shall apply to multistory dwelling units on the ground floor of buildings without elevators for which an application for a construction permit is submitted on or after July 1, 2005.

Exception: Carriage units as defined in Chapter 2 and regulated only by the Department of Housing and Community Development as referenced in Section 1.8.2.1.2.

At least 10 percent but not less than one of the multistory dwellings in apartment buildings with 3 or more dwelling units and/or condominiums with 4 or more dwelling units shall comply with the following:

1. The primary entry to the dwelling unit shall be on an accessible route unless exempted by site impracticality tests in Section 1150A.
2. At least one powder room or bathroom shall be located on the primary entry level, served by an accessible route and shall comply with the provisions in Division IV.
3. All rooms or spaces located on the primary entry level shall be served by an accessible route and shall comply with the provisions in Division IV. Rooms and spaces located on the primary entry level and subject to this chapter may include but are not limited to kitchens, powder rooms, bathrooms, living rooms, bedrooms or hallways.
4. Common use areas covered by this section shall be accessible as required by this chapter. Public use areas as defined in Chapter 2 of this code are subject to provisions of the Division of the State Architect (DSA-AC) and are referenced in Section 1.9.1.1.

The minimum number of multifamily dwelling units which must comply with this section shall be calculated using the total number of all multistory dwelling units in buildings on a site which are subject to this section. Any fraction thereof shall be rounded to the next highest whole number.

Multistory dwelling units contained in buildings with elevators shall comply with this section. For multistory dwelling units in buildings with elevators, the story of the unit that is served by the building elevator is considered a ground floor and the primary entry floor to the unit and shall comply with the following:

1. At least 1 powder room or bathroom shall be located on the primary entry level.
2. At least 1 kitchen shall be located on the primary entry level.
3. All rooms or spaces located on the primary entry level shall be served by an accessible route and shall comply with Division IV.

During periods of partial or restricted use of a building or facility, the entrances used for primary access shall be accessible to and usable by persons with disabilities.