2022 California Standards for Accessible Design Guide (effective January 1, 2023)

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.