Guide to Public Housing Regulated by Chapter 11B of the California Building Code

Guide to Public Housing Regulated by

Chapter 11B of the California Building Code

Division of the

State Architect

First Edition

Department of General Services

Division of the State Architect

Governor Gavin Newsom

Yolanda Richardson, Secretary of the Government Operations Agency

Ana Lasso, Director of the Department of General Services

Division of the State Architect

Ida A. Clair, AIA, LEED AP, CASp, State Architect

DSA Access Codes and Standards Team

Derek Shaw, Supervising Architect

Susan Moe, Senior Architect, CASp

Debbie Wong, Senior Architect, CASp

Michelle Golden, Senior Architect

The Division of the State Architect is a division within the Department of General Services

Visit our website at https://www.dgs.ca.gov/DSA

Table of Contents 2

Table of Contents

Introduction ............................................................................................................................................................................ 3

Rulemaking Authority ............................................................................................................................................................ 4

Overview of the State and Federal Regulations .................................................................................................................... 4

ADA and 2010 ADAS ............................................................................................................................................................... 5

HUD Section 504 ..................................................................................................................................................................... 7

HUD Fair Housing Act of 1968, as Amended ......................................................................................................................... 9

California Building Code, Chapter 2 Definitions .................................................................................................................. 10

Flowcharts and Resources.................................................................................................................................................... 11

Federal Regulations – ADA and 2010 ADAS ........................................................................................................................ 12

Federal Regulations – ADA and 2010 ADAS for Title II Entities .......................................................................................... 13

Federal Regulations – ADA and 2010 ADAS for Title III Entities ......................................................................................... 14

Federal Regulations – Fair Housing Act and Section 504 of the Rehabilitation Act........................................................... 15

Federal Regulations – Fair Housing Act and Fair Housing Accessibility Guidelines ........................................................... 16

Federal Regulations – Section 504 of the Rehabilitation Act ............................................................................................. 17

State Regulations – California Building Code Chapter 11B ................................................................................................. 18

State Regulations – California Building Code Chapter 11B – Public Housing ..................................................................... 19

State Regulations – California Building Code Chapter 11B – Transient Lodging, Housing at a Place of Education, Social

Service Center Establishments ............................................................................................................................................. 20

Housing Programs and Applicable Regulations and Guidelines ......................................................................................... 21

For More Information .......................................................................................................................................................... 27

Introduction 3

Introduction

This guide is provided by the Division of the State Architect (DSA) to offer guidance for understanding the application of

Chapter 11B of the California Building Code (CBC) for public housing projects. Selected parts of Federal standards and

guidelines are reproduced in this document only to show consistency of those standards and guidelines to the definition

of “public housing” in Chapter 2 of the CBC.

The genesis of this guide arose from the numerous questions DSA has received regarding the definition of public housing

and what is considered a “housing program.” DSA has a statutory directive to provide education and training to code

users on compliance with the CBC and has endeavored to improve the clarity of the State regulations for public housing.

The information included in this guide is intended to expand this endeavor and provide guidance to code users such as

design professionals, housing developers, and building officials related to housing regulated by Chapter 11B of the CBC.

This guide is intended to be complementary to, and not a substitute for, the specific scoping requirements of the CBC

and federal regulations. Each project provides a unique set of project parameters that require close examination of the

applicability of State and federal standards; therefore, this guide should not be used as the sole mechanism to check for

compliance with the regulations. Additionally, this guide does not supersede the interpretation of the local enforcement

entity, who under California law possesses the exclusive authority to enforce and interpret the requirements of the CBC.

Furthermore, the California Attorney General’s Office has declared that it is outside the authority of the local

enforcement entity to enforce the federal regulations cited in this guide; therefore, the responsibility for compliance

with the federal requirements rests with the owner and the design professionals working on the project.

The information contained in this manual is intended only to serve as a guide and an informational tool on compliance

with federal and State laws, regulations, and standards. This manual does not constitute legal advice. Please consult

with appropriate legal counsel regarding any legal questions you may have with the content of this guide. DSA is unable

to provide interpretations or guidance on federal standards and guidelines. DSA has no authority to regulate, interpret

and enforce Federal laws and regulations, and this document is not making any such action. DSA does not claim

expertise in providing information on Federal regulations.

For questions related to the federal standards and guidelines cited in this document contact the following agencies:

United States Department of Justice Civil Rights Division – https://www.ada.gov/

United States Department of Housing and Urban Development – https://www.hud.gov/

It should be noted that State and federal laws, regulations, standards, and guidelines are subject to revisions, additions,

or deletions, at any time.

DSA has the authority to interpret and enforce Chapter 11B for projects that are within its jurisdiction. DSA has no

enforcement authority at the local level. Only the local building department has the authority to interpret and enforce

CBC Chapters 11A and 11B for projects that are in its jurisdiction.

DSA is unable to provide interpretations or guidance on CBC Chapter 11A. For questions related to CBC Chapter 11A

please contact:

California Department of Housing and Community Development - https://www.hcd.ca.gov/

Rulemaking Authority, Overview of the State and Federal Regulations 4

Rulemaking Authority

Government Code section 12955.1, subdivision (c), grants the Division of the State the authority to develop regulations

for public housing and reads in part:

“…regulations adopting building standards necessary to implement, interpret, or make specific the provisions of

this section shall be developed by the Division of the State Architect for public housing….”

During the rulemaking cycle for the 2013 Triennial Edition of the CBC, with the decision to use the 2010 ADA Standards

for Accessible Design (2010 ADAS) as model code, the regulations for public housing in Chapter 11B were significantly

amended. A definition for “public housing” was developed and provided in Chapter 2 of the CBC. This guide is offered for

use as a starting point to analyze if the definition of “public housing” and the scoping and technical provisions for public

housing in CBC Chapter 11B apply to the project under consideration.

Overview of the State and Federal Regulations

The following pages provide information for the various types of housing regulated by the federal standards and public

housing regulated by the State standards. Public housing may be both privately funded and part of a public entity’s

program to provide housing. However, all public accommodations in the State are required to comply with CBC Chapter

11B.

ADA and 2010 ADAS 5

ADA and 2010 ADAS

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."

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. Adherence to the ADA and the 2010 ADAS is required in such an agreement.

2010 ADAS and ADA Title II Regulations (28 CFR 35), applicable to state and local government

services, programs, and activities:

§ 35.149 Discrimination prohibited.

Except as otherwise provided in § 35.150, no qualified individual with a disability shall, because a public

entity's facilities are inaccessible to or unusable by individuals with disabilities, be excluded from

participation in, or be denied the benefits of the services, programs, or activities of a public entity, or be

subjected to discrimination by any public entity.

§ 35.151 New construction and alterations.

(a) Design and construction.

(1) Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be

designed and constructed in such manner that the facility or part of the facility is readily accessible to and

usable by individuals with disabilities if the construction was commenced after January 26, 1992.

For the whole text, you can go to: 2010 ADA Standards for Accessible Design.

(j) Facilities with residential dwelling units for sale to individual owners.

(1) 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 in the 2010 Standards,

including sections 233 and 809.

(2) The requirements of paragraph (1) also apply to housing programs that are operated by public entities

where the 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.

For the whole text, you can go to: 2010 ADA Standards for Accessible Design

The ADA National Network DISABILITY LAW Handbook provides the following information related to the Americans

with Disabilities Act (ADA) and housing:

Where is housing covered in the ADA?

Housing under the ADA is covered in Title II and Title III of the Act.

Title II covers programs of state or local governments, which includes housing. Title II requires new construction and

alterations to have no architectural barriers that restrict access or use. Each part of a facility built after January 26,

1992, must be designed and constructed to be accessible. Title II applies to individual housing units as well as offices,

recreational areas, and other parts of a housing complex that might not be covered by the FHA. Facilities

constructed between January 26, 1992, and March 15, 2012, should have been built in compliance with either the

ADA and 2010 ADAS 6

1991 ADA Standards for Accessible Design or UFAS. Housing built on or after March 15, 2012, must comply with the

2010 ADA Standards for Accessible Design.

Title III covers places of public accommodation associated with housing. Just like under Title II, new construction and

alterations must be designed and constructed with no architectural barriers. Most private housing is not covered by

Title III, but rental offices, day care centers, & other places of public accommodation associated with private housing

facilities are covered. Public accommodations built for first occupancy after January 26, 1993, and before March 15,

2012, should have been built in compliance with the 1991 ADA Standards for Accessible Design. Public

accommodations built on or after March 15, 2012, must comply with the 2010 ADA Standards for Accessible Design.

Architectural barriers in existing public accommodations constructed before January 26, 1993, must be removed if

the removal is relatively easy to accomplish without much difficulty or expense.

This handbook can be found on the ADA National Network website at:

https://adata.org/publication/disability-law-handbook#Housing

HUD Section 504 7

HUD Section 504

Section 504 Regulations prohibit discrimination based on disability in any program or activity that receives federal

financial assistance. The Section 504 regulations define “recipient” 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. Thus, a HUD-funded public housing agency or a HUD-funded non-profit developer of

low-income housing is a recipient of federal financial assistance and is subject to Section 504's

requirements. However, 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 merely by receipt of such payments. Similarly,

while a developer that receives Community Development Block Grant (CDBG) or HOME funds for the rehabilitation

of an owner-occupied unit is a recipient for purposes of Section 504, a family that owns the unit is not a recipient

because the family is the ultimate beneficiary of the funds.

The above information is taken from Section 504: FREQUENTLY ASKED QUESTIONS at HUD.gov.

The questions and answers can be found on the HUD website at:

https://www.hud.gov/program_offices/fair_housing_equal_opp/disabilities/sect504faq#_Program_Accessibility

Code of Federal Regulations Title 24 – Housing and Urban Development Part 8 Section 8.3 Definitions. Federal

financial assistance as defined is:

Federal financial assistance means any assistance provided or otherwise made available by the Department through

any grant, loan, contract, or any other arrangement, in the form of:

(a) Funds;

(b) Services of Federal personnel; or

(1) Transfers or leases of the property for less than fair market value or for reduced consideration; and

(2) Proceeds from a subsequent transfer or lease of the property if the Federal share of its fair market value is not

returned to the Federal Government.

Federal financial assistance includes community development funds in the form of proceeds from loans guaranteed

under section 108 of the Housing and Community Development Act of 1974, as amended, but does not include

assistance made available through direct Federal procurement contracts or payments made under these contracts

or any other contract of insurance or guaranty.

Rehabilitation Act of 1973 Section 504. Nondiscrimination under Federal grants and programs.

SEC. 504. (a) No otherwise qualified individual with a disability in the United States, as defined in section 7(20), shall,

solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be

subjected to discrimination under any program or activity receiving Federal financial assistance or under any

program or activity conducted by any Executive agency or by the United States Postal Service. The head of each such

agency shall promulgate such regulations as may be necessary to carry out the amendments to this section made by

the Rehabilitation, Comprehensive Services, and Developmental Disabilities Act of 1978. Copies of any proposed

regulation shall be submitted to appropriate authorizing committees of the Congress, and such regulation may take

effect no earlier than the thirtieth day after the date on which such regulation is so submitted to such committees.

HUD Section 504 8

(b) For the purposes of this section, the term ‘‘program or activity’’ means all of the operations of—

(1)(A) a department, agency, special purpose district, or other instrumentality of a state or of a local

government; or

(B) the entity of such state or local government that distributes such assistance and each such department

or agency (and each other state or local government entity) to which the assistance is extended, in the case

of assistance to a state or local government;

(2)(A) a college, university, or other postsecondary institution, or a public system of higher education; or

(B) a local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of

1965), system of vocational education, or other school system;

(3)(A) an entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(i) if assistance is extended to such corporation, partnership, private organization, or sole proprietorship

as a whole; or

(ii) which is principally engaged in the business of providing education, health care, housing, social

services, or parks and recreation; or

(B) the entire plant or other comparable, geographically separate facility to which Federal financial

assistance is extended, in the case of any other corporation, partnership, private organization, or sole

proprietorship; or

(4) any other entity which is established by two or more of the entities described in paragraph (1), (2), or (3);

any part of which is extended Federal financial assistance

HUD Fair Housing Act of 1968, as Amended 9

HUD Fair Housing Act of 1968, as Amended

Title 42 United States Code sections 3601 et seq

Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and

financing of dwellings, and in other housing-related transactions, because of race, color, religion, sex, familial status,

national origin, and disability. It also requires that all federal programs relating to housing and urban development be

administered in a manner that affirmatively furthers fair housing.

The Fair Housing Act applies whether the housing is publicly funded or not.

Fair Housing Accessibility Guidelines

Dwelling Covered by the Design Requirements

The design requirements apply to buildings built for first occupancy after March 13, 1991, which fall under the definition

of “covered multifamily dwellings.” Covered multifamily dwellings are:

1. all dwelling units in buildings containing four or more dwelling units if such buildings have one or more elevators, and

2. all ground floor dwelling units in other buildings containing four or more units.

The above information is taken from Fair Housing Act Design Manual that can be found on the HUD website at:

https://www.huduser.gov/portal/publications/PDF/FAIRHOUSING/fairfull.pdf

California Building Code, Chapter 2 Definition 10

California Building Code, Chapter 2 Definition

The definition for “Public Housing” in Chapter 2 of the CBC is derived from requirements of the ADA and the 2010

ADAS that regulate the built environment.

2010 ADAS and ADA Title II Regulations (28 CFR 35), applicable to state and local government services.

“§ 35.102 Application.

(a) Except as provided in paragraph (b) of this section, this part applies to all services, programs, and activities

provided or made available by public entities.”

Entire section can be located at: 2010 ADA Standards for Accessible Design

“§ 35.151 New construction and alterations.

(a) Design and construction.

(1) Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed

and constructed in such manner that the facility or part of the facility is readily accessible to and usable by

individuals with disabilities, if the construction was commenced after January 26, 1992.”

Entire section can be located at: 2010 ADA Standards for Accessible Design

“(j) Facilities with residential dwelling units for sale to individual owners.

(1) 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 in the 2010 Standards, including sections 233

and 809.

(2) The requirements of paragraph (1) 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”

Entire section can be located at: 2010 ADA Standards for Accessible Design

The above referenced provisions are in Chapter 2 of the CBC’s definition of public housing, which is the basis for

determining whether or not a project is public housing and thereby regulated by CBC Chapter 11B.

PUBLIC HOUSING. Housing facilities constructed or altered by, for, or on behalf of a public entity, or constructed or

altered as part of a public entity’s program to provide housing pursuant to United States Code of Federal Regulations, 28

CFR Part 35, 102(a), including but not limited to the following:

1. One-or two-family dwelling units, or congregate residences;

2. Buildings or complexes with three or more residential dwellings units;

3. Homeless shelters, group homes, halfway houses and similar social service establishments;

4. Transient lodging, such as hotels, motels, hostels and other facilities providing accommodations of a short term

nature of not more than 30 days duration;

5. Housing at a place of education, such as housing on or serving a public school, public college or public university.

Note: A public entity’s program to provide housing may include but is not limited to: the allocation of local, state, or

federal financial assistance, Community Development Block Grants, Low Income Housing Tax Credits, the California

Multifamily Housing Program, loan agreements and housing bonds. Examples that are not considered a public entity’s

program to provide housing may include but are not limited to: density bonuses, the receipt of public funds for the

installation of energy efficiency features, seismic strengthening, water conservation and fire safety features. For

additional information see “Guide to Public Housing Regulated in Chapter 11B of the California Building Code” and

the “California Access Compliance Advisory Reference Manual” available on the Division of the State Architect’s

website.

Flowcharts and Resources 11

Flowcharts and Resources

The information in the following flowcharts and tables are based on DSA staff research and are not exhaustive.

Additional State and local regulations specific to the project, such as those promulgated by the Tax Credit Allocation

Committee, must be adhered to if applicable.

Housing that is both a place of public accommodation and public housing, such as housing at a place of education, social

service center establishments and transient lodging facilities, have flowcharts provided only for reference.

The flowcharts are intended to be used as a step-by-step guide to analyze and determine which of the federal and State

regulations are applicable to a housing project. Each flowchart addresses only one federal or State standard or

regulation. The user must process each flowchart for the project to determine which standards or regulations apply.

When more than one standard or regulation applies, the user must ensure that all requirements for the specific

standard are met, and where individual requirements appear to coincide or conflict, apply the most restrictive

requirement to the project.

Responsibility for complying with the applicable laws and regulations rests with those involved in the design and

construction of housing facilities. A housing facility that is non-compliant with the applicable State and federal

requirements could have a complaint filed at any time against all parties involved in the design and construction of the

facility including the government entity, the owner, the architect, the contractor, etc. The government entity is required

to inform the contracted party or recipient of benefit (owner) participating in its housing program of the State and

federal accessibility regulations applicable to the project. The owner must inform the design professionals and

contractor of the State and federal accessibility regulations to which the facility must be designed and constructed. The

Architects Practice Act in California requires that the architect have knowledge of all applicable building laws, codes, and

regulations. Contractors should take care in constructing housing facilities in compliance with the approved set of plans

and specifications. Building officials have the authority to review projects for compliance with the California Building

Code only and are not authorized to review for compliance with federal regulatory requirements.

Federal Regulations-ADA and 2010 ADAS 12

Federal Regulations – ADA and 2010 ADAS

United States Department of Justice

Civil Rights Division

Americans with Disabilities Act

2010 Americans with Disabilities Act

Standards for Accessible Design

Title II

Public Entities

Title III

Places of Public

Accommodation and

Commercial Facilities

Housing facilities

owned, operated

constructed or altered

by, on behalf of, or for

the use of state or

local governments or

as part of a Title II

entities program

Housing at a Place of Education,

Transient Lodging and Social Service

Center Establishments

Key Concepts

• Scoping applies to 1 or more residential

dwelling units

• 5% required to have mobility features

• 2% required to have communication

features

• Mobility features and communication

features can overlap in the same

residential dwelling unit

• Transient lodging limits the overlap of

mobility features and communication

features in guest rooms

• Requires residential dwelling units and

transient lodging guest rooms to be

dispersed among the various types of

dwelling units and guest rooms

• Multi-story residential dwelling units

require an accessible route throughout

the unit

• A single-story dwelling unit can be

substituted for a multi-story dwelling

unit when comparable features are

provided

• Building officials do not have the

authority to enforce Federal standards

or regulations. The parties designing and

developing the project have the

responsibility for compliance with these

standards and regulations.

Federal Regulations-ADA and 2010 ADAS Flowchart for Title II Entities 13

Federal Regulations – ADA and 2010 ADAS for Title II Entities

Are the facilities constructed or altered by, on behalf of, or for

the use of a public entity or as part of a Title II entities program?

Are the facilities with

residential dwelling units

provided by entities

subject to HUD Section

504 Regulations?

Comply with HUD

Section 504 and UFAS or

2010 ADAS Section 233.2

or Deeming Notice

FR-5784-N-01

Are the facilities with

residential dwelling units

newly constructed?

Comply with 2010 ADAS Section 233.3

for the number of residential dwelling

units with:

• Mobility features 5%

• Communication features 2%

Are the facilities social service

center establishments?

• Group homes

• Halfway houses

• Shelters or similar

establishments either

temporary or residential

dwelling units

Are the facilities housing at a

place of education?

Comply with Sections 233, 809

and CFR Part 36.406

Addition to an existing building?

Alteration to vacated building with

15 or more residential units?

Alteration to individual residential

dwelling unit?

Is the alteration to a Qualified

Historical Building?

Comply with 2010 ADAS

Sections 28 CFR 35.151 (b)(3)

Undergraduate student

housing not leased on a

year-round basis?

Comply with 2010 ADAS

Sections 224 and 806

Requirements apply only to

residential dwelling units added until

the total number complies with 2010

ADAS Section 233.3 for the minimum

number required (5 % mobility and

2% communication)

At least 5% of the residential

dwelling units required to be on an

accessible route, comply with 809.2

through 809.4 and 2% required to

comply with 809.5

Where bathroom or kitchen is

substantially altered and at least one

other room is altered, requirements

apply until the total number meets

minimum number required 2010

ADAS Section 233.3 (5% mobility and

2% communication)

Graduate student or faculty housing leased

on a year-round basis with no common use

educational programming areas?

Comply with 2010 ADAS Sections

233, 809 and CFR Part 36.406

YES

Federal Regulations-ADA and 2010 ADAS Flowchart for Title III Entities 14

Federal Regulations – ADA and 2010 ADAS for Title III Entities

Are the facilities a place of public accommodation?

Are the facilities with residential

dwelling units newly constructed?

Are the facilities a public accommodation

with transient lodging guest rooms?

Are the facilities places

of lodging?

• Hotel

• Mote

• Inn

Comply with 2010 ADAS Sections

224 and 806

Is a commercial facility located in a newly

constructed or altered private residence?

Are the facilities social service center

establishments?

• Group home

• Half

way house

• Shelter or similar

establishments that provide

either temporary sleeping

accommodations or residential

dwelling units

Comply with 2010 ADAS Sections 233

and 809 and CFR 35.151

Are the facilities housing at a place of

education?

Undergraduate student housing not

leased on a year-round basis?

Graduate student or faculty housing

leased on a year-round basis with no

common use educational programming

areas?

Comply with Sections 233 and 809

and 35.151

Portions of the facility used exclusively as a residence are not

regulated by the 2010 ADAS. Portions of the residence used

in operation of commercial or both commercial and

residential use are regulated by the 2010 ADAS.

YES

Comply with 2010 ADAS Sections 224

and 806 and CFR 35.151

YES

Federal Regulations-Fair Housing Act and Section 504 of the Rehabilitation Act 15

Federal Regulations – Fair Housing Act and Section 504 of the Rehabilitation Act

United States Department of Housing and Urban Development

Fair Housing Act Section 504 of the Rehabilitation ACT

Options for Compliance

HUD recognizes ten “safe harbors”

for compliance with the Fair Housing

Act.

The first three are:

Fair H

ousing Act Accessibility

Guidelines

Fair Housing Act Design Manual

ANSI A117.1 (1986) used with the

FHA and the Guidelines

The Guidelines are not mandatory;

the purpose is to provide technical

guidance on designing dwelling units

in compliance with the FHA.

The remaining safe harbors are

various editions of ANSI A117.1 and

the International Building Code (IBC)

In California the IBC is not used as

model code for access compliance in

Chapters 11A and 11B.

Both Chapters provide an alternate

means to comply with the FHA

however care should be taken to

ensure the regulations used provide

the most stringent level of

accessibility.

Uniform

Federal

Accessibility

Standards

2010 Americans

with Disabilities

Act Standards for

Accessible Design

w/exceptions in

the Deeming

Notice

FR-5784-N-01

Key Concepts

Fair Housing Act Accessibility Guidelines

• Scoping applies to 4 or more covered multifamily

dwellings

• Applies to new construction of housing built for

first occupancy after March 13, 1991

• Does not regulate alterations to covered

multifamily dwellings constructed for first

occupancy prior to that date

• Applies when a new building is constructed

behind an existing façade

• Ten safe harbors are allowed for compliance

• Tenant bears the cost of a reasonable

accommodation or modification

HUD Section 504 Regulations

• Scoping applies to 5 or more dwelling units

• 5% are required to have mobility features

• An additional 2% are required to have

communication features

• Mobility features and communication features

can’t overlap in the same unit

• Requires the units with mobility and

communication features to be dispersed among

the various types of dwelling units

• Recipient of federal financial assistance bears the

cost of a reasonable accommodation or

modification

• Building officials do not have the authority to

enforce Federal standards or regulations. The

parties designing and developing the project have

the responsibility for compliance with these

standards and regulations.

Federal Regulations-Fair Housing Act and Fair Housing Accessibility Guidelines 16

Federal Regulations – Fair Housing Act and Fair Housing Accessibility Guidelines

Are the facilities covered multifamily dwellings with four or

more residential dwelling units?

Are the facilities covered multifamily dwellings constructed for first

occupancy on or after March 13, 1991?

• Condominiums • Homeless shelter used as a residence

• Cooperatives • Student housing

• Apartment buildings • Timeshares

• Dormitories • Assisted living housing

Are the facilities new construction or

alteration by, on behalf of, or for the

use of a public entity or as part of a

public entities program?

Note:

Does the facility include public

accommodations such as rental or sales

offices?

Are the facilities located on a site

where it is impractical to provide an

accessible route due to steep terrain or

unusual site characteristics?

Compliance with ADA and

2010 ADAS is required

Are the facilities:

• Covered multifamily dwellings with four

or more residential dwelling units

• New building constructed behind old

façade with four or more residential

dwelling units

• Additions of four or more residential

dwelling units

Are the residential facilities either:

• Single family detached dwellings

• Duplexes

• Triplexes

• Multistory townhouses without internal elevators

• Carriage Units

Or:

Are the dwelling units being altered in an existing

building occupied prior to March 13, 1991?

Number of units required to be accessible with adaptable features:

• All dwelling units in buildings with four or more dwelling units in

buildings with one or more elevators

• All ground floor dwelling units in buildings with four or more

dwelling units with no elevator

• When a freight elevator is provided, even when there is no

passenger elevator, the building is considered an elevator

building and all dwelling units are required to be accessible with

adaptable features

Fair Housing Accessibility Guidelines do not apply to:

• Single family detached dwellings

• Duplexes

• Triplexes

• Multistory townhouses without internal elevators

• Buildings occupied prior to March 13, 1991

• Carriage units in which the garage footprint is used as the

footprint for the remaining floor or floors

Impracticality requires ground floor units

to comply with accessibility guidelines in

buildings with:

• One or more elevators

• Elevators providing access to ground

floors

• Elevated walkway between building

entrance and vehicular or pedestrian

arrival points

• Requires a minimum of 20% to comply

YES

Federal Regulations-Section 504 of the Rehabilitation Act 17

Federal Regulations – Section 504 of the Rehabilitation Act

Are the facilities constructed with federal financial assistance?

Are the facilities new construction of multifamily housing with five

or more residential dwelling units?

Are the facilities undergoing a substantial

alteration of 15 or more units when the cost of

alterations is 75% or more of replacement cost

of completed facility?

Are the facilities

undergoing a lesser

alteration?

Are the facilities

undergoing an

alteration in a

Qualified Historical

Building?

Does not require

actions where

significant historic

features are impaired

Number of residential dwelling

units with:

• Mobility features 5%

• Communication features 2%

HUD may prescribe a higher percentage

based on request by any affected

recipient or State or Local government

Compliance can be met by using one of the following

standards or guidelines:

• Uniform Accessibility Standards

• 2010 Americans with Disabilities Act Standards for

ccessible Design w/exceptions (Deeming Notice

FR-5784-N-01)

Modifications required to the

maximum extent feasible without

imposing undue financial or

administrative burden

YES

State Regulations-California Building Code Chapter 11B 18

State Regulations – California Building Code Chapter 11B

California Department of General Services

Division of the State Architect

California Building Code – Chapter 11B

Public Housing

Places of Public

Accommodation and

Commercial Facilities

Housing at a Place of Education,

Transient Lodging and Social Service

Center Establishments

Housing facilities owned,

operated constructed or

altered by, on behalf of, or

for the use of State or local

government or as part of a

Title II entities housing

program

Key Concepts

• Scoping applies to 1 or more residential

dwelling units

• 5% required to have mobility features

• 2% required to have communication

features

• All ground floor residential dwelling units

required to be on an accessible route with

adaptable features

• Mobility features and communication

features can overlap in the same

residential unit

• Transient lodging limits the overlap of

mobility features and communication

features in guest rooms

• Requires residential dwelling units and

transient lodging guest rooms to be

dispersed among the various types of

dwelling units and guest rooms

• Multi-story residential dwelling units with

mobility features require an accessible

route throughout the dwelling unit

• A single-story dwelling unit with mobility

features can be substituted for a multi-

story dwelling unit when comparable

features are provided

State Regulations-California Building Code Chapter 11B Flowchart – Public Housing 19

State Regulations – California Building Code Chapter 11B – Public Housing

Are the facilities public housing?

Are the facilities newly

constructed with one or more

residential dwelling units?

Addition to an existing

facility?

Comply with

Section 11B-233.3

Alteration to vacated building

with 15 or more residential

dwelling units?

• At least 5% of the residential

dwelling units required to be on

an accessible route, complying

with 809.2 through 809.4

• 2% required to comply with

809.5

• In a new building constructed

behind existing façade

requirements apply to ground

floor dwelling units

Alteration to an individual

residential unit?

Requirements apply only to

residential dwelling units added

until the total number complies

with the minimum number

required:

• Mobility features 5%

• Communication features 2%

• Ground floor dwelling units

Are the facilities

privately funded covered

multifamily dwellings?

Where bathroom or kitchen and at

least on other room is altered,

requirements apply until the total

number meets the minimum

required (5% mobility and 2%

communication)

Refer to Chapter

11A of the CBC

Is a public

accommodation located

in a newly constructed

or altered private

residence?

Are the facilities located on a

site where it is impractical to

provide an accessible route

because of terrain or unusual

characteristics?

Impracticality not allowed in buildings

with:

• One or more elevators

• Elevator providing access to units

on ground floors

• Elevated walkway between

building entrance and vehicular or

pedestrian arrival points

Is the alteration to a

Qualified Historical

Building?

Portions of the facility used

exclusively as a residence are not

regulated by Chapter 11B. Portions

used in the operation of a public

accommodation or both a public

accommodation and residence are

regulated by Chapter 11B.

Comply with California Historical

Building Code, Title 24, Part 8 and

Chapter 11B

YES

State Regulations-California Building Code Chapter 11B Flowchart – Transient Lodging, Housing at a Place of Education, Social Service Center Establishments 20

State Regulations – California Building Code Chapter 11B – Transient Lodging, Housing at a Place of

Education, Social Service Center Establishments

Are the facilities a place of public accommodation or

public housing?

Are the facilities transient lodging?

• Hotel

• Motel

• Inn

• Dormitories

• Resort and similar transient

lodging facilities

Are the facilities social service center

establishments?

• Group homes

• Halfway houses

• Shelters or similar establishment,

either temporary or residential

dwelling units

Are the facilities housing at a

place of education?

Undergraduate student housing

not leased on a year-round

basis?

Comply with transient lodging standards

Section 11B-224.7 and 11B-806

Comply with Sections 11B-224.1

through 11B-224.6 and 11B-806

Comply with Sections 11B-

233 and 11B-809

Graduate student or faculty housing

leased on a year-round basis with no

common use educational programming

areas?

YES

Comply with Sections 11B-224.8 and 11B-

233 for Social Service Center

Establishments

YES

Yes

YES

Housing Programs and Applicable Regulations and Guidelines 21

Housing Programs and Applicable Regulations and Guidelines

# Housing Program 504/UFAS 2010 ADAS Fair Housing Act

CBC – Chapter

11B

CBC – Chapter

11A

Comments

Housing

Opportunities for

Persons with AIDS

(HOPWA) HOME

Investment

Partnerships

Program (HOME)

Community

Development Block

Grants

Receipt of federal

financial assistance

administered by HUD

requires compliance

with HUD Section

504 or 2010 ADAS

with exceptions

(Deeming Notice).

Public entity’s

housing program

requires compliance

with 2010 ADAS and

HUD Section 504 or

2010 ADAS with

exceptions (Deeming

Notice).

Applies to covered

multifamily dwellings

of four or more units

constructed for first

occupancy after

March 13, 1991.

Public housing

requires compliance

with CBC, Chapter

11B.

N/A

HUD Project-Based

Vouchers

Receipt of federal

financial assistance

administered by HUD

requires compliance

with HUD Section

504 or 2010 ADAS

with exceptions

(Deeming Notice).

Public entity’s

housing program

requires compliance

with 2010 ADAS and

HUD Section 504 or

2010 ADAS with

exceptions (Deeming

Notice).

Applies to covered

multifamily dwellings

of four or more units

constructed for first

occupancy after

March 13, 1991.

Public housing

requires compliance

with CBC, Chapter

11B.

N/A

Housing and Urban

Development (HUD)

Tenant Based Rental

Assistance (TBRA)

and Housing Choice

Vouchers

N/A N/A

Applies to covered

multifamily dwellings

of four or more units

constructed for first

occupancy after

March 13, 1991.

N/A

Applies to privately

funded covered

multifamily dwellings

of three or more

units depending on

type, constructed for

first occupancy after

March 13, 1991.

Compliance with FHAG & Chapter

11A is not based on receipt of rental

assistance voucher, rather on the

number of units and initial date of

occupancy.

Housing and Urban

Development (HUD)

Mortgage Insurance

for Rental and

Cooperative Housing

Receipt of federal

financial assistance

administered by HUD

requires compliance

with HUD Section

504 or 2010 ADAS

with exceptions

(Deeming Notice).

When the mortgage

insurance is provided

to the lender and not

administered by a

public entity

compliance with the

2010 ADAS is not

required.

Applies to covered

multifamily dwellings

of four or more unit

constructed for first

occupancy after

March 13, 1991.

When the mortgage

insurance is provided

to the lender and not

administered by a

public entity

compliance with CBC,

Chapter 11B is not

required.

Applies to privately

funded covered

multifamily dwellings

of three or more

units depending on

type, constructed for

first occupancy after

March 13, 1991.

Housing Programs and Applicable Regulations and Guidelines 22

# Housing Program 504/UFAS 2010 ADAS Fair Housing Act

CBC – Chapter

11B

CBC – Chapter

11A

Comments

Housing and Urban

Development (HUD)

Multifamily Rental

Housing for

Moderate-Income

Families (Section

221(d)(3) and (4))

Receipt of federal

financial assistance

administered by HUD

requires compliance

with HUD Section

504 or 2010 ADAS

with exceptions

(Deeming Notice).

Public entity’s

housing program

requires compliance

with 2010 ADAS and

HUD Section 504 or

2010 ADAS with

exceptions (Deeming

Notice).

Applies to covered

multifamily dwellings

of four or more units

constructed for first

occupancy after

March 13, 1991.

Public housing

requires compliance

with CBC, Chapter

11B.

Applies to privately

funded covered

multifamily dwellings

of three or more

units depending on

type, constructed for

first occupancy after

March 13, 1991.

HUD issues mortgage insurance to

finance rental and cooperative

housing of five or more units.

1. When the mortgage insurance is

administered by a public agency

mortgagor, compliance with the

UFAS, 2010 ADAS and Chapter 11B is

required.

2. If the mortgagor insurance is

provided to a private entity then

compliance with UFAS or 2010 ADAS

with exceptions, compliance with

Chapter 11B is not required.

Housing and Urban

Development

Veterans Affairs

Supportive Housing

Program (HUD-VASH)

Receipt of federal

financial assistance

administered by HUD

requires compliance

with HUD Section

504 or 2010 ADAS

with exceptions

(Deeming Notice).

Public entity’s

housing program

requires compliance

with 2010 ADAS and

HUD Section 504 or

2010 ADAS with

exceptions (Deeming

Notice).

Applies to covered

multifamily dwellings

of four or more units

constructed for first

occupancy after

March 13, 1991.

Public housing

requires compliance

with CBC, Chapter

11B.

N/A

The regulations and guidelines apply

when project-based vouchers are

received.

Federal Home Loan

Banks Affordable

Housing and

Community

Investment

N/A N/A

Applies to covered

multifamily dwellings

of four or more units

constructed for first

occupancy after

March 13, 1991.

N/A

Applies to privately

funded covered

multifamily dwellings

of three or more

units depending on

type, constructed for

first occupancy after

March 13, 1991.

Multifamily Bond

Financing Program

issued by a public

entity

N/A

Public entity’s

housing program

requires compliance

with 2010 ADAS.

Applies to covered

multifamily dwellings

of four or more units

constructed for first

occupancy after

March 13, 1991.

Public entity’s

housing program

requires compliance

with CBC, Chapter

11B.

N/A

City issued tax-exempt and taxable

multifamily housing bonds.

Housing Programs and Applicable Regulations and Guidelines 23

# Housing Program 504/UFAS 2010 ADAS Fair Housing Act

CBC – Chapter

11B

CBC – Chapter

11A

Comments

California Statewide

Communities

Development

Authority (CSCDA)

Housing Bonds

N/A

Public entity’s

housing program

requires compliance

with 2010 ADAS.

Applies to covered

multifamily dwellings

of four or more units

constructed for first

occupancy after

March 13, 1991.

Public entity’s

housing program

requires compliance

with CBC, Chapter

11B.

N/A

The CSCDA Housing Bond Program is

designed to assist both for profit and

nonprofit developers in accessing

tax-exempt bonds (“Bonds”) for the

financing of low-income multifamily

and senior housing projects.

Low Income Housing

Tax Credits (LIHTC)

issued by the Internal

Revenue Service and

distributed by a

public entity

N/A

Public entity’s

housing program

requires compliance

with 2010 ADAS.

Applies to covered

multifamily dwellings

of four or more units

constructed for first

occupancy after

March 13, 1991.

Public entity’s

housing program

requires compliance

with CBC, Chapter

11B.

N/A

Low Income Housing

Tax Credits (LIHTC)

issued by the

California Tax Credit

Allocation

Committee (TCAC)

N/A

Public entity’s

housing program

requires compliance

with 2010 ADAS.

Applies to covered

multifamily dwellings

of four or more units

constructed for first

occupancy after

March 13, 1991.

Public entity’s

housing program

requires compliance

with CBC, Chapter

11B.

N/A

When LIHTC are issued by the IRS

HUD Section 504 Regulations do not

apply. LIHTC issued by HUD require

compliance with HUD Section 504

Regulations.

Veterans and

Affordable Housing

Bonds

N/A

Public entity’s

housing program

requires compliance

with 2010 ADAS.

Applies to covered

multifamily dwellings

of four or more units

constructed for first

occupancy after

March 13, 1991.

Public entity’s

housing program

requires compliance

with CBC, Chapter

11B.

N/A

United States

Department of

Agriculture

Multi-family rental

housing

Program requires

compliance with

UFAS

Public entity’s

housing program

requires compliance

with 2010 ADAS.

Applies to covered

multifamily dwellings

of four or more units

constructed for first

occupancy after

March 13, 1991.

Public entity’s

housing program

requires compliance

with CBC, Chapter

11B.

N/A

Infill Infrastructure

Grant Program (IIG)

N/A

Applies to site

elements. N/A

Applies to site

elements. N/A

Applies to infrastructure not

residential dwelling units.

Department of

Housing and

Community

Development (HCD)

Multifamily Housing

Loans and Grants

N/A

Public entity’s

housing program

requires compliance

with 2010 ADAS.

Applies to covered

multifamily dwellings

of four or more units

constructed for first

occupancy after

March 13, 1991.

Public entity’s

housing program

requires compliance

with CBC, Chapter

11B.

N/A

Housing Programs and Applicable Regulations and Guidelines 24

# Housing Program 504/UFAS 2010 ADAS Fair Housing Act

CBC – Chapter

11B

CBC – Chapter

11A

Comments

Department of

Housing and

Community

Development (HCD)

Affordable Housing

and Sustainable

Communities

Program (AHSC)

N/A

Public entity’s

housing program

requires compliance

with 2010 ADAS.

Applies to covered

multifamily dwellings

of four or more units

constructed for first

occupancy after

March 13, 1991.

Public entity’s

housing program

requires compliance

with CBC, Chapter

11B.

N/A

Department of

Housing and

Community

Development (HCD)

Community

Development Block

Grant (CDBG)

N/A

Public entity’s

housing program

requires compliance

with 2010 ADAS.

Applies to covered

multifamily dwellings

of four or more units

constructed for first

occupancy after

March 13, 1991.

Public entity’s

housing program

requires compliance

with CBC, Chapter

11B.

N/A

Department of

Housing and

Community

Development (HCD)

Golden State

Acquisition Fund

(GSAF)

N/A

Public entity’s

housing program

requires compliance

with 2010 ADAS.

Applies to covered

multifamily dwellings

of four or more units

constructed for first

occupancy after

March 13, 1991.

Public entity’s

housing program

requires compliance

with CBC, Chapter

11B.

N/A

Department of

Housing and

Community

Development (HCD)

Homekey

Receipt of federal

financial assistance

administered by HUD

requires compliance

with HUD Section

504 or 2010 ADAS

with exceptions

(Deeming Notice).

Public entity’s

housing program

requires compliance

with 2010 ADAS and

HUD Section 504 or

2010 ADAS with

exceptions (Deeming

Notice).

Applies to covered

multifamily dwellings

of four or more units

constructed for first

occupancy after

March 13, 1991.

Public entity’s

housing program

requires compliance

with CBC, Chapter

11B. N/A

Department of

Housing and

Community

Development (HCD)

Housing for a Healthy

California (HHC)

Receipt of federal

financial assistance

administered by HUD

requires compliance

with HUD Section

504 or 2010 ADAS

with exceptions

(Deeming Notice).

Public entity’s

housing program

requires compliance

with 2010 ADAS and

HUD Section 504 or

2010 ADAS with

exceptions (Deeming

Notice).

Applies to covered

multifamily dwellings

of four or more units

constructed for first

occupancy after

March 13, 1991.

Public entity’s

housing program

requires compliance

with CBC, Chapter

11B.

N/A

Housing Programs and Applicable Regulations and Guidelines 25

# Housing Program 504/UFAS 2010 ADAS Fair Housing Act

CBC – Chapter

11B

CBC – Chapter

11A

Comments

Department of

Housing and

Community

Development (HCD)

Joe Serna, JR.

Farmworker Housing

Grant (FWHG)

N/A

Public entity’s

housing program

requires compliance

with 2010 ADAS and

HUD Section 504 or

2010 ADAS with

exceptions (Deeming

Notice).

Applies to covered

multifamily dwellings

of four or more units

constructed for first

occupancy after

March 13, 1991.

Public entity’s

housing program

requires compliance

with CBC, Chapter

11B.

N/A

Department of

Housing and

Community

Development (HCD)

Local Housing Trust

Fund Program (LHTF)

N/A

Public entity’s

housing program

requires compliance

with 2010 ADAS and

HUD Section 504 or

2010 ADAS with

exceptions (Deeming

Notice).

Applies to covered

multifamily dwellings

of four or more units

constructed for first

occupancy after

March 13, 1991.

Public entity’s

housing program

requires compliance

with CBC, Chapter

11B.

N/A

Department of

Housing and

Community

Development (HCD)

Multifamily Housing

Program (MHP)

N/A

Public entity’s

housing program

requires compliance

with 2010 ADAS and

HUD Section 504 or

2010 ADAS with

exceptions (Deeming

Notice).

Applies to covered

multifamily dwellings

of four or more units

constructed for first

occupancy after

March 13, 1991.

Public entity’s

housing program

requires compliance

with CBC, Chapter

11B.

N/A

Department of

Housing and

Community

Development (HCD)

National Housing

Trust Fund Program

Receipt of federal

financial assistance

administered by HUD

requires compliance

with HUD Section

504 or 2010 ADAS

with exceptions

(Deeming Notice).

Public entity’s

housing program

requires compliance

with 2010 ADAS and

HUD Section 504 or

2010 ADAS with

exceptions (Deeming

Notice).

Applies to covered

multifamily dwellings

of four or more units

constructed for first

occupancy after

March 13, 1991.

Public entity’s

housing program

requires compliance

with CBC, Chapter

11B.

N/A

Department of

Housing and

Community

Development (HCD)

No Place Like Home

Program

N/A

Public entity’s

housing program

requires compliance

with 2010 ADAS.

Applies to covered

multifamily dwellings

of four or more units

constructed for first

occupancy after

March 13, 1991.

Public entity’s

housing program

requires compliance

with CBC, Chapter

11B.

N/A

Housing Programs and Applicable Regulations and Guidelines 26

# Housing Program 504/UFAS 2010 ADAS Fair Housing Act

CBC – Chapter

11B

CBC – Chapter

11A

Comments

Department of

Housing and

Community

Development (HCD)

Predevelopment

Loan Program (PDLP)

N/A

Public entity’s

housing program

requires compliance

with 2010 ADAS.

Applies to covered

multifamily dwellings

of four or more units

constructed for first

occupancy after

March 13, 1991.

Public entity’s

housing program

requires compliance

with CBC, Chapter

11B.

N/A

Department of

Housing and

Community

Development (HCD)

Supportive Housing

Multifamily Housing

Program (SHMHP)

N/A

Public entity’s

housing program

requires compliance

with 2010 ADAS.

Applies to covered

multifamily dwellings

of four or more units

constructed for first

occupancy after

March 13, 1991.

Public entity’s

housing program

requires compliance

with CBC, Chapter

11B.

N/A

Department of

Housing and

Community

Development (HCD)

Transit Oriented

Development

Program (TOD)

N/A

Public entity’s

housing program

requires compliance

with 2010 ADAS and

HUD Section 504 or

2010 ADAS with

exceptions (Deeming

Notice).

Applies to covered

multifamily dwellings

of four or more units

constructed for first

occupancy after

March 13, 1991.

Public entity’s

housing program

requires compliance

with CBC, Chapter

11B.

N/A

Department of

Housing and

Community

Development (HCD)

Veterans Housing

and Homelessness

Prevention Program

(VHHP)

N/A

Public entity’s

housing program

requires compliance

with 2010 ADAS.

Applies to covered

multifamily dwellings

of four or more units

constructed for first

occupancy after

March 13, 1991.

Public entity’s

housing program

requires compliance

with CBC, Chapter

11B. N/A

Density Bonus Law,

Government Code

Sections 65915-

65918

N/A N/A

Applies to covered

multifamily dwellings

of four or more units

constructed for first

occupancy after

March 13, 1991.

N/A

Applies to privately

funded covered

multifamily dwellings

of three or more

units depending on

type, constructed for

first occupancy after

March 13, 1991.

Administrative (ministerial) action of

a government through planning

departments provided to all projects

that meet the criteria. Not

considered a public entity’s housing

program. Compliance with FHAG &

Chapter 11A is not based on density

bonus, rather on the number of units

and date of occupancy.

For More Information 27

For More Information

The following websites provide additional information:

Division of the State Architect, Access Compliance Reference Materials:

https://www.dgs.ca.gov/DSA/Resources/Page-Content/Resources-List-Folder/Access-Compliance-

Reference-Materials

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

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

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

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

Should you have any questions or suggestions for improving this guide they can be emailed or sent to the

Division of the State Architect at:

Susan R. Moe, Senior Architect

Division of the State Architect

1102 Q Street

Sacramento, CA 95811

Susan.M[email protected]