2019 California Standards for Accessible Design Guide (effective January 1, 2020 with July 1, 2021 amendments)

11B-233 Public housing facilities

11B-233.1 General.

Public housing facilities with residential dwelling units shall comply with Section 11B-233. See Chapter 2, Section 202 of this code for the definition of Public Housing.

[2010 ADA Standards] 233.1 General. Facilities with residential dwelling units shall comply with 233.

Advisory 11B-233.1 General. This section addresses long-term living (non-transient), public housing dwelling units. The definition for “Public Housing” in Chapter 2 of the California Building Code (CBC) is based on the Americans with Disabilities Act (ADA) and the 2010 ADA Standards for Accessible Design (2010 ADAS) that regulates the built environment.

Following are sections in the ADA Title II (28 CFR Part 35) and 2010 ADAS applicable to state and local government services, programs and activities.

§35.102(a) “this part applies to all services, programs or activities provided or made available by public entities.”

§35.151(a) “each facility or part of a facility constructed by, on behalf of, or for the use of a public entity…..”

§35.151(b) “each facility or part of a facility altered by, on behalf of, or for the use of a public entity…..”

§35.151(e) “Group homes, halfway houses, shelters, or similar social service center establishments…..”

§35.151(f) “Housing at a place of education…..”

§35.151(j) “Residential dwelling units designed and constructed or altered by public entities that will be offered for sale to individuals shall comply with the requirements for residential facilities…..”

For additional guidance see Appendix A to Part 35 – Guidance to Revisions to ADA Regulations on Nondiscrimination on the Basis of Disability in State and Local Government Services §35.151(j).

Title II of the ADA mandates that when State or local governments establish a program that provides housing to its residents, that public entity has the obligation to ensure that its program is operated in a non-discriminatory manner whether the program is provided directly by the public entity or through “contractual, licensing, or other arrangements with a private entity.”

When a State or local government enters into an agreement with a private party the obligation to comply with the ADA is not contracted away. Where public and private entities act jointly, the public entity must ensure that the relevant requirements of title II are met; and the private entity must ensure compliance with title III. Adherence to the 2010 ADAS is required in such an agreement.

It is important to note that the ADA and thereby Chapter 11B do not apply to a private entity simply because it is a recipient of funds from a public entity. The public entity may provide significant assistance by the provision of property or equipment, loans, grants, funds or other means.

A private owner of housing facilities may be a beneficiary of significant assistance that does not trigger compliance with the ADA or Chapter 11B. The significant assistance may be provided for programs such as seismic mitigation, energy efficiency upgrades or historic preservation that are not considered housing programs. However, the provisions in Chapter 11B for alterations may be applicable depending on the extent of modifications undertaken during such projects.

Frequently Asked Questions

1. A housing project is receiving low-income tax credits from the California Tax Credit Allocation Committee (CTAC). Is compliance with Chapter 11B required?

The California Tax Credit Allocation Committee facilitates the investment of private capital into the development of affordable rental housing for low-income Californians. The CTCAC regulations may be more restrictive that the provisions in Chapter 11B of the CBC. For questions related to the CTCAC Regulations contact the treasurer’s office: http://www.treasurer.ca.gov/ctcac/

The Division of the State Architect (DSA) promulgates the regulations for public housing in Chapter 11B of the CBC. For questions related to Chapter 11B contact DSA: http://www.dgs.ca.gov/dsa/AboutUs/contact/hdqtrs.aspx

2. Does Chapter 11B regulate single family detached dwellings that are privately owned?

Strictly privately-owned single-family dwellings are not covered by Chapter 11B; however, certain privately-owned facilities, either single-family or multi-family, that provide housing on behalf of or for the use of a public entity are subject to Chapter 11B. Examples include, but are not limited to; public housing, student and faculty housing, employee housing, nursing homes, and social service center establishments such as homeless shelters and halfway houses.

It is not necessary for the public entity to hold title to housing facilities however each facility or part of a facility constructed by, on behalf of, or for the use of a public entity ….” (emphasis added) must be designed and constructed so that it is “readily accessible to and useable by individuals with disabilities.

When residential dwelling units are designed and constructed or altered by public entities that will be offered for sale to individuals accessibility in compliance with Chapter 11B Section 11B-233.3.2 is required.

3. What is the number of residential dwellings units in a public housing project that trigger compliance with Chapter 11B?

Compliance with Chapter 11B is required for as few as one unit. An example is publicly owned housing where five residential dwelling units are provided at five different sites. Where fifteen or fewer residential dwelling units are provided each must comply with Chapter 11B when constructed under separate contracts. When constructed under a single contract then one residential dwelling unit must comply with Chapter 11B.

4. The tenants in an apartment complex receive Section 8 tenant-based vouchers in payment for rent. Does that trigger compliance with Chapter 11B?

A recipient is defined as any State or its political subdivision, any instrumentality of a state or its political subdivision, any public or private agency, institution, organization or other entity or any person to which federal financial assistance is extended for any program or activity directly or through another recipient, including any successor, assignee, or transferee of a recipient, but excluding the ultimate beneficiary of the assistance.

A private landlord who accepts Section 8 tenant-based vouchers in payment for rent from a low-income individual is not a recipient of federal financial assistance. The ultimate beneficiary of the assistance is the tenant. Therefore, when the project is not as described in the “public housing” definition then compliance with Chapter 11B is not required.

5. What is required for access compliance when project based vouchers are received from the U.S. Department of Housing and Urban Development (HUD)?

Project-based vouchers (PBVs) are a component of a public housing agency’s (PHA’s) Housing Choice Voucher (HCV) program. A PHA can use up to 20 percent of its authorized voucher units to project-base units in a specific project if the owner agrees to either rehabilitate or construct the units, or the owner agrees to set-aside a portion of the units in an existing development. The requirements for accessibility can be found in the PBV Regulations (24 CFR Part 983) Subpart C-Dwelling Units § 983.102 Housing accessibility for persons with disabilities.

6. Can residential dwelling units provide both mobility and communication features within the same unit?

The 2010 ADAS and Chapter 11B are silent on the overlap of mobility and communication features in residential dwelling units. The 2010 ADAS and Chapter 11B apply to as few as one residential dwelling unit and in that instance the features must overlap.

For projects subject to HUD’s Section 504 regulations the dwelling unit with communication features is in addition to the unit with mobility features. HUD’s Section 504 regulations apply when five or more residential dwellings units are provided.

It’s important to determine which regulations and standards apply to a project and comply with the most stringent provisions of the pertinent regulations.

Agency Websites for more information:

U.S. Department of Housing and Urban Development https://www.hud.gov/

U.S. Department of Justice Civil Rights Division https://www.ada.gov/

Internal Revenue Service – Low Income Housing Tax Credits https://www.irs.gov/credits-deductions/individuals/low-income-housing-credit-at-a-glance

Fair Housing Accessibility First http://www.fairhousingfirst.org

California Department of Housing and Community Development http://www.hcd.ca.gov ◼

Advisory 11B-233.1 General. Section 11B-233 outlines the requirements for residential facilities subject to the Americans with Disabilities Act of 1990. The facilities covered by Section 11B-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 11B-233.3 must comply with the technical and scoping requirements in Divisions 1 through 10 included this chapter. Section 11B-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 Division 8. However, residential facilities must also comply with the requirements of this chapter. For example: Section 11B-206.5.4 requires all doors and doorways providing user passage in residential dwelling units providing mobility features to comply with Section 11B-404; Section 11B-206.7.6 permits platform lifts to be used to connect levels within residential dwelling units providing mobility features; Section 11B-208 provides general scoping for accessible parking and Section 11B-208.2.3.1 specifies the required number of accessible parking spaces for each residential dwelling unit providing mobility features; Section 11B-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 11B-240; and swimming pools are addressed in Section 11B-242. There are special provisions applicable to facilities containing residential dwelling units at: Exception 3 to 11B-202.3; Exception 1 to 11B-202.4; 11B-203.8; and Exception 4 to 11B-206.2.3. ◼

11B-233.2 Reserved

[2010 ADA Standards] 233.2 Residential Dwelling Units Provided by Entities Subject to HUD Section 504 Regulations. Where facilities with residential dwelling units are provided by entities subject to regulations issued by the Department of Housing and Urban Development (HUD) under Section 504 of the Rehabilitation Act of 1973, as amended, such entities shall provide residential dwelling units with mobility features complying with 809.2 through 809.4 in a number required by the applicable HUD regulations. Residential dwelling units required to provide mobility features complying with 809.2 through 809.4 shall be on an accessible route as required by 206. In addition, such entities shall provide residential dwelling units with communication features complying with 809.5 in a number required by the applicable HUD regulations. Entities subject to 233.2 shall not be required to comply with 233.3.

Advisory 11B-233.2 Residential dwelling units provided by entities subject to HUD Section 504 Regulations. Section 11B-233.2 requires that entities subject to HUD's regulations implementing Section 504 of the Rehabilitation Act of 1973, as amended, provide residential dwelling units containing mobility features and residential dwelling units containing communication features complying with these regulations in a number specified in HUD's Section 504 regulations. Further, the residential dwelling units provided must be dispersed according to HUD's Section 504 criteria. In addition, Section 11B-233.2 defers to HUD the specification of criteria by which the technical requirements of this chapter will apply to alterations of existing facilities subject to HUD's Section 504 regulations. ◼

11B-233.3 Public housing facilities.

Public housing facilities with residential dwelling units shall comply with Section 11B-233.3.

Note: Senior citizen housing may also be subject to Civil Code, Division 1. Part 2. Sections 51.2, 51.3 and 51.4.

[2010 ADA Standards] 233.3 Residential Dwelling Units Provided by Entities Not Subject to HUD Section 504 Regulations. Facilities with residential dwelling units provided by entities not subject to regulations issued by the Department of Housing and Urban Development (HUD) under Section 504 of the Rehabilitation Act of 1973, as amended, shall comply with 233.3.

Advisory 11B-233.2 Residential dwelling units provided by entities subject to HUD Section 504 Regulations. Section 11B-233.2 requires that entities subject to HUD's regulations implementing Section 504 of the Rehabilitation Act of 1973, as amended, provide residential dwelling units containing mobility features and residential dwelling units containing communication features complying with these regulations in a number specified in HUD's Section 504 regulations. Further, the residential dwelling units provided must be dispersed according to HUD's Section 504 criteria. In addition, Section 11B-233.2 defers to HUD the specification of criteria by which the technical requirements of this chapter will apply to alterations of existing facilities subject to HUD's Section 504 regulations. 

11B-233.3.1 Minimum number: new construction.

Newly constructed facilities with residential dwelling units shall comply with Section 11B-233.3.1.

Exception: Where facilities contain 15 or fewer residential dwelling units, the requirements of Sections 11B-233.3.1.1 and 11B-233.3.1.3 shall apply to the total number of residential dwelling units that are constructed under a single contract, or are developed as a whole, whether or not located on a common site.

11B-233.3.1.1 Residential dwelling units with mobility features.

In facilities with residential dwelling units, at least 5 percent, but no fewer than one unit, of the total number of residential dwelling units shall provide mobility features complying with Sections 11B-809.2 through 11B-809.4 and shall be on an accessible route as required by Section 11B-206.

11B-233.3.1.2 Residential dwelling units with adaptable features.

In facilities with residential dwelling units, adaptable residential dwelling units complying with Sections 11B-809.6 through 11B-809.12. shall be provided as required by Sections 11B-233.3.1.2.1 through 11B-233.3.1.2.6. Adaptable residential dwelling units shall be on an accessible route as required by Section 11B-206.

Exception: The number of required adaptable residential dwelling units shall be reduced by the number of units required by Section 11B-233.3.1.1.

11B-233.3.1.2.1 Elevator buildings.

Residential dwelling units on floors served by an elevator shall be adaptable.

11B-233.3.1.2.2 Non-elevator buildings.

Ground floor residential dwelling units in non-elevator buildings shall be adaptable.

11B-233.3.1.2.3 Ground floors above grade.

Where the first floor in a building containing residential dwelling units is a floor above grade, all units on that floor shall be adaptable.

11B-233.3.1.2.4 Multi-story residential dwelling units in buildings with one or more elevators.

In elevator buildings, facilities with multi-story residential dwelling units shall comply with the following:

1. The primary entry of the multi-story residential dwelling unit shall be on an accessible route.

2. At least one powder room or bathroom and kitchen shall be located on the primary entry level.

3. Rooms or spaces located on the primary entry level shall be served by an accessible route and comply with Sections 11B-809.6 through 11B-809.12.

11B-233.3.1.2.5 Multi-story residential dwelling units in buildings with no elevator.

In non-elevator buildings, a minimum of 10 percent but not less than one of the ground floor multi-story residential dwelling units shall be calculated using the total number of multi-story residential dwelling units in buildings on a site and shall comply with the following:

1. The primary entry of the multi-story residential dwelling unit shall be on an accessible route.

2. At least one powder room or bathroom shall be located on the primary entry level.

3. Rooms or spaces located on the primary entry level shall be served by an accessible route and comply with Sections 11B-809.6 through 11B-809.12.

11B-233.3.1.2.6 Public housing facility site impracticality

The site impracticality tests in this section may be used to determine the number of required residential dwelling units with adaptable features in buildings without an elevator, located on sites with difficult terrain conditions or unusual characteristics.

Except as provided for in Section 11B-233.3.1.2.5, the provisions of this section do not apply to multistory dwelling units in non-elevator buildings.

11B-233.3.1.2.6.1 Single building with one common (lobby) entrance.

The following may only be used for determining required access to multifamily dwelling units, in a single building with one common (lobby) entrance, located on a site with difficult terrain conditions or unusual characteristics:

All ground floor units in non-elevator buildings shall be adaptable and on an accessible route unless an accessible route to the common (lobby) entrance is not required as determined by Test No. 1, Individual Building Test, or Test No. 3, Unusual Characteristics Test, as described in this section.

Sites where either Test No. 1 or Test No. 3 is used and it is determined that an accessible route to the common (lobby) entrance is not required, a minimum of 20 percent of the ground floor dwelling units shall comply with Section 11B-809.6, and all remaining ground floor dwelling units shall comply with the features listed in Section 11B-233.3.1.2.6.2 unless exempted by Test No. 3, Unusual Characteristics Test.

Test No. 1 -- Individual Building Test may only be used if the site has terrain over 15 percent slope.

Test No. 3 -- Unusual Characteristics Test may be used if applicable.

Provisions to Test Nos. 1 and 2. Where a building elevator is provided only as means of creating an accessible route to dwelling units on a ground floor, the building is not considered to be an elevator building for purposes of this code; hence, only the ground floor dwelling units would be covered.

11B-233.3.1.2.6.2 Test number one, individual building test

It is not required by this code to provide an accessible route when the terrain of the site is such that both of the following apply:

1. The slopes of the undisturbed site measured in a straight line between the planned entrance and all vehicular or pedestrian arrival points within 50 feet (15,240 mm) of the planned entrance exceed 15 percent; and

2. The slopes of the planned finished grade measured between the entrance and all vehicular or pedestrian arrival points within 50 feet (15,240 mm) of the planned entrance also exceed 15 percent.

If there are no vehicular or pedestrian arrival points within 50 feet (15,240 mm) of the planned entrance, the slope for the purposes of Test No. 1 will be measured to the closest vehicular or pedestrian arrival point. For purposes of these requirements, vehicular or pedestrian site arrival points include public or resident parking areas, public transportation stops, passenger loading zones and public streets or sidewalks. To determine site impracticality, the slope would be measured at ground level from the point of the planned entrance on a straight line to:

1. Each vehicular or pedestrian arrival point that is within 50 feet (15,240 mm) of the planned entrance, or

2. If there are no vehicular or pedestrian arrival points within the specified area, the vehicular or pedestrian arrival point closest to the planned entrance.

In the case of sidewalks, the closest point to the entrance will be where a public sidewalk entering the site intersects with the walk to the entrance. In the case of resident parking areas, the closest point to the planned entrance will be measured from the entry point to the parking area that is located closest to the planned entrance.

11B-233.3.1.2.6.3 Test number two, site analysis test

For a site having multiple buildings, or a site with a single building with multiple entrances, it is not required to provide a building entrance on an accessible route to all ground floor units under the following conditions:

1. Calculate the percentage of the total buildable area of the undisturbed site with a natural grade less than 10 percent slope. The analysis of the existing slope (before grading) shall be done on a topographic survey with 2 foot (610 mm) contour intervals with slope determination made between each successive interval. The accuracy of the slope analysis shall be certified by a licensed engineer, landscape architect, architect or surveyor.

2. Determine the requirement of providing an accessible route to planned multifamily dwellings based on the topography of the existing natural terrain. The minimum percentage of ground floor units required on an accessible route shall equal the percentage of the total buildable area (not restricted-use areas, flood plains or wetlands) of the undisturbed site with an existing natural grade of less than 10 percent slope.

3. In addition to the percentage established in paragraph (2), all ground floor units in a building, or ground floor units served by a particular entrance on an accessible route defined by a calculation of the straight line slope not exceeding 8.33 percent, between their planned entrances and an arrival point, shall be on an accessible route and comply with the provisions of Section 11B-809.6.

4. All additional ground floor units in a building, or ground floor units served by a particular entrance, not on an accessible route shall comply with the features listed in Section 11B-233.3.1.2.6.5.

5. In no case shall less than 20 percent of the ground floor dwelling units be on an accessible route and comply with the provisions of Sections 11B-809.6 through 11B-809.12.

11B-233.3.1.2.6.4 Test number three, unusual characteristics test

Unusual characteristics include sites located in a state or federally designated floodplain or coastal high-hazard areas and sites subject to other similar requirements of law or code that require the lowest floor or the lowest structural member of the lowest floor be designed to a specified level at or above the base flood elevation. An accessible route to a building entrance is impractical due to unusual characteristics of the site when:

1. The original site characteristics result in a difference in finished grade elevation exceeding 30 inches (762 mm) and 10 percent measured between an entrance and all vehicular or pedestrian arrival points within 50 feet (15 240 mm) of the planned entrance; or

2. If there are no vehicular or pedestrian arrival points within 50 feet (15 240 mm) of the planned entrance, the unusual characteristics result in a difference in finished grade elevation exceeding 30 inches (762 mm) and 10 percent measured between an entrance and the closest vehicular or pedestrian arrival point.

11B-233.3.1.2.6.5 Additional requirements.

1. Grab bar reinforcement complying with Sections 11B-809.10.5.2, 11B-809.10.6.4, or 11B-809.10.7.3.

2. Interior door opening width complying with Section 11B-404.3.1.

3. Door and gate hardware complying with Section 11B-404.2.7.

4. Door signal devices complying with Section 11B-809.8.1.

5. Door maneuvering clearance complying with Section 11B-809.8.

6. Water closet seat height complying with Section 11B-809.10.7.4.

7. Electrical receptacles, switches and controls complying with Section 11B-809.12.

8. Faucets complying with Section 11B-809.10.8.6.

9. Water closet, bathtub and lavatory maneuvering clearances complying with Section 11B-809.10.

10. Removable base cabinets complying with Section 11B-809.9.3.

11B-233.3.1.3 Residential dwelling units with communication features.

In public housing facilities with residential dwelling units, at least 2 percent, but no fewer than one unit, of the total number of residential dwelling units shall provide communication features complying with Section 11B-809.5.

11B-233.3.2 Residential dwelling units for sale.

Residential dwelling units designed and constructed or altered by public entities that will be offered for sale to individuals shall provide accessible features to the extent required by this chapter.

[2010 ADA Standards] 233.3.2 Residential Dwelling Units for Sale. Residential dwelling units offered for sale shall provide accessible features to the extent required by regulations issued by Federal agencies under the Americans with Disabilities Act or Section 504 of the Rehabilitation Act of 1973, as amended.

Advisory 11B-233.3.2 Residential dwelling units for sale. A public entity that conducts a program to build housing for purchase by individual home buyers must provide access according to the requirements of this chapter and the ADA regulations and a program receiving Federal financial assistance must comply with the applicable Section 504 regulation. ◼

Exception: Existing residential dwellings or residential dwelling units acquired by public entities that will be offered for resale to individuals without additions or alterations shall not be required to comply with this chapter.

11B-233.3.2.1 Buyer identified residential dwelling units for sale.

The requirements of Section 11B-233.3.2 also apply to housing programs that are operated by public entities where design and construction of particular residential dwelling units take place only after a specific buyer has been identified. In such programs, the covered entity must provide the units that comply with the requirements for accessible features to those pre-identified buyers with disabilities who have requested such a unit.

11B-233.3.3 Additions.

Where an addition to an existing building results in an increase in the number of residential dwelling units, the requirements of Section 11B-233.3.1 shall apply only to the residential dwelling units that are added until the total number of residential dwelling units complies with the minimum number required by Section 11B-233.3.1. Residential dwelling units required to comply with Sections 11B-233.3.1.1 and 11B-233.3.1.2 shall be on an accessible route as required by Section 11B-206.

11B-233.3.4 Alterations.

Alterations shall comply with Section 11B-233.3.4.

Exception: Where compliance with Sections 11B-809.2, 11B-809.3, or 11B-809.4 is technically infeasible, or where it is technically infeasible to provide an accessible route to a residential dwelling unit, the entity shall be permitted to alter or construct a comparable residential dwelling unit to comply with Sections 11B-809.2 through 11B-809.4 provided that the minimum number of residential dwelling units required by Sections 11B-233.3.1.1 and 11B-233.3.1.3, as applicable, is satisfied.

Advisory 11B-233.3.4 Alterations Exception. A substituted dwelling unit must be comparable to the dwelling unit that is not made accessible. Factors to be considered in comparing one dwelling unit to another should include the number of bedrooms; amenities provided within the dwelling unit; types of common spaces provided within the facility; and location with respect to community resources and services, such as public transportation and civic, recreational, and mercantile facilities. ◼

11B-233.3.4.1 Alterations to vacated buildings.

Where a building is vacated for the purposes of alteration, and the altered building contains more than 15 residential dwelling units, at least 5 percent of the residential dwelling units shall comply with Sections 11B-809.2 through 11B-809.4 and shall be on an accessible route as required by Section 11B-206. In addition, at least 2 percent of the residential dwelling units shall comply with Section 11B-809.5.

Advisory 11B-233.3.4.1 Alterations to vacated buildings. This provision is intended to apply where a building is vacated with the intent to alter the building. Buildings that are vacated solely for pest control or asbestos removal are not subject to the requirements to provide residential dwelling units with mobility features or communication features. ◼

11B-233.3.4.2 Alterations to individual residential dwelling units.

In individual residential dwelling units, where a bathroom or a kitchen is substantially altered, and at least one other room is altered, the requirements of Section 11B-233.3.1 shall apply to the altered residential dwelling units until the total number of residential dwelling units complies with the minimum number required by Sections 11B-233.3.1.1, and 11B-233.3.1.3. Residential dwelling units required to comply with Section 11B-233.3.1.1 shall be on an accessible route as required by Section 11B-206.

Exception: Where facilities contain 15 or fewer residential dwelling units, the requirements of Sections 11B-233.3.1.1 and 11B-233.3.1.3 shall apply to the total number of residential dwelling units that are altered under a single contract, or are developed as a whole, whether or not located on a common site.

Advisory 11B-233.3.4.2 Alterations to individual residential dwelling units. Section 11B-233.3.4.2 uses the terms "substantially altered" and "altered." A substantial alteration to a kitchen or bathroom includes, but is not limited to, alterations that are changes to or rearrangements in the plan configuration, or replacement of cabinetry. Substantial alterations do not include normal maintenance or appliance and fixture replacement, unless such maintenance or replacement requires changes to or rearrangements in the plan configuration, or replacement of cabinetry. The term "alteration" is defined in Chapter 2, Section 202. ◼

11B-233.3.4.3 Alterations to residential dwelling units with adaptable features.

The building standards for residential dwelling units with adaptable features do not apply to the alteration, repair, rehabilitation or maintenance of residential dwelling units constructed for first occupancy on or prior to March 13, 1991. Multifamily dwelling units with adaptable features constructed for first occupancy after March 13, 1991 shall be maintained in compliance with the accessibility standards in effect at the time of construction.

Exception: Where any portion of a building’s exterior is preserved, but the interior of the building is removed, including all structural portions of floors and ceilings and a new building is constructed behind the existing exterior, the building is considered a new building for determining the application of this chapter.

11B-233.3.5 Dispersion.

Residential dwelling units required to provide mobility features complying with Sections 11B-809.2 through 11B-809.4 and residential dwelling units required to provide communication features complying with Section 11B-809.5 shall be dispersed among the various types of residential dwelling units in the facility and shall provide choices of residential dwelling units comparable to, and integrated with, those available to other residents.

Exception: Where multi-story residential dwelling units are one of the types of residential dwelling units provided, one-story residential dwelling units shall be permitted as a substitute for multi-story residential dwelling units where equivalent spaces and amenities are provided in the one-story residential dwelling unit.

11B-233.3.6 Graduate student and faculty housing at a place of education.

Housing facilities that are provided by or on behalf of a place of education, with residential dwelling units leased on a year round basis exclusively to graduate students or faculty, and that do not contain any public use or common use areas available for educational programming, are not subject to Section 11B-224 and shall comply with Section 11B-233.