Accessibility Requirements for Townhouses
(Effective July 1, 2005):
The California Building Standards Commission adopted new emergency
regulations that amend Chapter 11A of the 2001 California Building
Code to conform
to recently passed legislation in Senate Bill 1025 that was signed
into law in 2004.
The new requirements require a minimum of ten percent, but not less
than one, of covered Multistory Dwellings, in buildings with 3 or more
dwelling
units or condominiums with 4 or more dwelling units, and which are
located on the ground floor of buildings without elevators for which
an application
for a construction permit is submitted on or after July 1, 2005 to
comply with the following:
- The primary entry to the dwelling unit shall be on an accessible
route unless exempted by site impracticality tests.
- At least
one powder room or bathroom shall be located on the primary entry
level served by an accessible route and shall
be accessible. In
addition some accessible habitable space shall be provided
on the primary entry level.
- All rooms or spaces located on the primary
entry level shall be served by an accessible route of travel
and shall be accessible.
Rooms and spaces
located on the primary entry level and subject to the
requirements may include but are not limited to kitchens, powder
rooms,
bathrooms, living
rooms, bedrooms, or hallways.
- Common use areas such as common
parking areas, recreation areas shall be accessible as required
by chapter 11A. Public
use areas
shall be accessible
as is required in Chapter 11 A and 11B.
CARRIAGE UNITS are exempt from the new regulations. A
carriage unit is a dwelling unit with living space
on one or more
floors immediately above
a Group U, Division 1, private garage which serves
only that unit. The footprint of the garage is used as the
footprint for the remaining
floor
or floors of the dwelling units above and the garage
level contains no habitable space. Dwelling units
located over
a common garage
shall not
be considered carriage units.
Where units are located above grade, such as townhouse
construction on top of a common garage, an accessible
route of travel
via ramp or elevator
is required to the entry level and 10% of the multi-story
dwellings with entry doors on that elevated level
shall comply with the new
regulations.
Construction permit applications submitted on or after the effective
date will have to comply with the new construction codes as well as approved
amendments in the San Diego Municipal Code. Construction permit applications
that are closed when a permit is not issued within 360 days of the initial
application file date must be resubmitted as required in Section §129.0211 "Closing
of Building Permit Application" of the San Diego Municipal Code.
The department will determine the applicable code based on the acceptance
date of the submitted permit application and associated plans and documents.
Permit applications submitted prior to the effective date of the new
construction code will be processed under the existing code.
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