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