Section 1102A

Buildings or portions of buildings and facilities within the scope of this chapter shall be accessi- ble to persons with disabilities. Each building on a building site shall be considered separately when determining the requirements contained in this chapter, except when calculat- ing the number of units which must comply with Section 1102A.3.1. Dwelling units within a single structure separated by firewalls do not constitute separate buildings.

Newly-constructed covered multifamily dwellings as defined in this chapter, include, but are not limited to, the fol- lowing:

1. Apartment buildings with 3 or more dwelling units

including timeshare apartments not considered a place of public accommodation or transient lodging as defined in Health and Safety Code Section 19955 (a), and Chapter 2 of the California Building Code.

2. Condominiums with 4 or more dwelling units including

timeshare condominiums not considered a place of public accommodation or transient lodging as defined in Health and Safety Code Section 19955 (a), and Chapter 2 of the California Building Code.

3. Lodging houses, as defined in Chapter 2 of the Califor-

nia Building Code, used as a residence with more than 3 but not more than 5 guest rooms.

4. Congregate residences, as defined in Chapter 2 of the

California Building Code, with 3 or more sleeping units.

5. Dwellings with 3 or more efficiency units, as defined in

Chapter 2 of this code, or Section 17958.1 of the Cali- fornia Health and Safety Code.

6. Shelters for homeless persons, not otherwise subject to

the disabled access provisions of the Division of the State Architect-Access Compliance (DSA-AC).

7. Dormitories, as defined in Chapter 2 of this code, with

3 or more guest rooms as defined in Chapter 2 of the California Building Code.

8. Timeshare dwellings with 3 or more units, not consid-

ered a place of public accommodations or transient lodging as defined in Health and Safety Code Section 19955 (a), and Chapter 2 of the California Building Code.

9. Other Group R occupancies in covered multifamily

dwellings which are regulated by the Office of the State Fire Marshal. See Section 1.11.

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HOUSING ACCESSIBILITY

10. Public housing as defined in Chapter 2 of this code is subject to provisions of the Division of the State Archi- tect (DSA-AC) in Chapter 11B. Newly constructed cov- ered multifamily dwellings, which can also be defined as public housing, shall be subject to the requirements of Chapter 11A and Chapter 11B.

The building standards con- tained in this chapter do not apply to the alteration, repair, rehabilitation or maintenance of multifamily dwellings con- structed for first occupancy on or before March 13, 1991.

Covered multifamily dwellings shall be maintained in compliance with the accessibility standards in effect at the time of construction. Apartments constructed prior to March 13, 1991 shall be maintained in compliance with the accessi- bility standards in effect at the time of construction.

Additions shall be subject to the requirements of this chap- ter, provided the addition, when considered alone, meets the definition of a covered multifamily dwelling, as defined in Chapter 2. New common use spaces serving existing covered multifamily dwellings shall be subject to the requirements of this chapter.

Note: For all existing public use areas, public accommo- dations and public housing, see Chapter 11B for provi- sions of the Division of the State Architect-Access Compliance (DSA-AC).

1102A.3.1 Multistory apartment or condominium dwell- ings in buildings with no elevator. This section shall apply to multistory dwelling units on the ground floor of buildings without elevators for which an application for a construction permit is submitted on or after July 1, 2005.

Exception: Carriage units as defined in Chapter 2 and regulated only by the Department of Housing and Com- munity Development as referenced in Section 1.8.2.1.2.

At least 10 percent but not less than one of the multi- story dwellings in apartment buildings with 3 or more dwelling units and/or condominiums with 4 or more dwell- ing units shall comply with the following:

1. The primary entry to the dwelling unit shall be on an accessible route unless exempted by site impracti- cality tests in Section 1150A.

2. At least one powder room or bathroom shall be located on the primary entry level, served by an accessible route and shall comply with the provi- sions in Division IV.

3. All rooms or spaces located on the primary entry level shall be served by an accessible route and shall comply with the provisions in Division IV. Rooms and spaces located on the primary entry level and subject to this chapter may include but are not limited to kitchens, powder rooms, bathrooms, living rooms, bedrooms or hallways.

4. Common use areas covered by this section shall be accessible as required by this chapter. Public use areas as defined in Chapter 2 of this code are sub-

ject to provisions of the Division of the State Archi- tect (DSA-AC) and are referenced in Section 1.9.1.1.

The minimum number of multifamily dwelling units which must comply with this section shall be calculated using the total number of all multistory dwelling units in buildings on a site which are subject to this section. Any fraction thereof shall be rounded to the next highest whole number.

1102A.3.2 Multistory dwelling units in buildings with one or more elevators. Multistory dwelling units con- tained in buildings with elevators shall comply with this section. For multistory dwelling units in buildings with elevators, the story of the unit that is served by the build- ing elevator is considered a ground floor and the primary entry floor to the unit and shall comply with the following:

1. At least 1 powder room or bathroom shall be located on the primary entry level.

2. At least 1 kitchen shall be located on the primary entry level.

3. All rooms or spaces located on the primary entry level shall be served by an accessible route and shall comply with Division IV.

During periods of partial or restricted use of a building or facility, the entrances used for primary access shall be accessible to and usable by per- sons with disabilities.