Sebastopol Municipal Code Ch. 15.80 Universal Design

A. The purpose of the design guidelines established by this chapter is to enhance the full life cycle use of housing without regard to the physical abilities or disabilities of a home’s occupants or guests in order to accommodate a wide range of individual preferences or physical abilities.

B. The promotion and preservation of the public health, safety, and general welfare of the people of the City and the property situated therein have made necessary the adoption of a universal design standard for dwellings in order to adequately safeguard life, health, property and welfare.

C. The purpose of this chapter is not to create or otherwise establish or designate any particular class or groups of persons who will or should be especially protected or benefited by the terms of this chapter.

Pursuant to Health and Safety Code Section 17959, the City Council of the City of Sebastopol hereby finds that the provisions of this chapter are reasonably necessary because, according to the City’s Certified Housing Element, approximately 15 percent of the City’s noninstitutionalized residents have physical conditions that affect their abilities to live independently in conventional residential settings. Individuals with mobility difficulties may require special accommodations to their homes to allow for continued independent living. The City Council of the City of Sebastopol hereby finds that the provisions of this chapter are reasonable to enhance the full life cycle use of housing without regard to the physical abilities or disabilities of a home’s occupants or guests in order to accommodate a wide range of individual preferences and functional abilities.

Pursuant to Health and Safety Code Section 17959, the City Council of the City of Sebastopol hereby finds that the provisions of this chapter are substantially the same as the Model Universal Design Local Ordinance adopted by the Department of Housing and Community Development.

For the purpose of this chapter, the following terms shall have the following definitions:

“Accessible” means consistent with or as defined by the California Building Code, Chapter 11A.

“ANSI A117.1” means the most current version of the “Standard for Accessible and Usable Buildings and Facilities” commonly known as “ICC/ANSI A117.1,” published by the International Code Council and American National Standards Institute, Inc.

“Bathroom” means a room containing a toilet (water closet), lavatory (sink) and either a shower, bathtub, combination bathtub/shower, or both a shower and bathtub. It includes a compartmented bathroom in which the fixtures are distributed among interconnected rooms.

Building Department. As defined by the California Building Code.

Building Official. As defined by the California Building Code.

“CBC, Chapter 11A” means Chapter 11A of the California Building Code (located in Part 2, Title 24, California Code of Regulations) or its successor provisions.

“Common use room” means a room commonly used by residents or guests to congregate.

Condominium. As defined by the California Building Code.

“Custom-built home” means a single-family detached dwelling that is built to the owner’s specifications and not part of a master plan check.

Dwelling Unit. As defined by the California Building Code.

“New construction” means a building that has never before been used or occupied for any purpose.

“Owner-occupied” means any residential dwelling unit not intended at the time of application for the building permit to be occupied as a rental dwelling.

“Powder room” means a room containing a toilet (water closet) and lavatory (sink), but no bathtub or shower. It includes a compartmented powder room in which the fixtures are distributed among interconnected rooms.

“Primary entry” means the principal entrance through which most people enter a building or residential unit as designated by the Building Official.

“Rental” means any residential dwelling unit not intended, at the time of application, for a building permit to be occupied by the owner.

Single-Family Residential Dwelling. Consistent with or as defined by the California Building Code.

“Substantial rehabilitation” means the reconstruction of the primary entry, hallway or one bathroom or powder room on the route from the primary entry when that reconstruction is required to be consistent with the most current version of the California Building Standards Code.

“Visitable residential dwelling” means a residential unit subject to the requirements of this chapter by virtue of being within the scope of this chapter as defined in SMC 15.80.040 and 15.80.060 through 15.80.140.

A. Unit Coverage. All residential dwelling units that are part of a residential development in excess of 20 residential dwelling units for which an application for a new construction building permit is submitted to the Building Department 30 or more days after the effective date of the ordinance codified in this chapter, and all residential dwelling units which are, or are intended to be, owner-occupied or rental or owner-occupied and rental, for which an application for a substantial rehabilitation building permit is submitted to the Building Department 30 or more days after the effective date of the ordinance codified in this chapter, shall be visitable residential dwellings.

B. Unit Types. New construction and substantial rehabilitation of the following types of residential dwellings shall be subject to this chapter: All single-family, duplex, and triplex residential dwellings except for custom-built homes.

C. Conditions of Approval. Any tentative map conditional use permit, site development review or master plan check subject to this chapter shall contain sufficient conditions to ensure compliance with the provisions of this chapter.

A. When the applicant adequately demonstrates and the Building Official determines that compliance with any portion of any regulation under this chapter would create an undue hardship or that equivalent facilitation is not available, an exception to that portion of the regulation shall be granted.

B. When the applicant adequately demonstrates and the Building Official determines that compliance with any portion of any regulation under this chapter would create an undue hardship due to topographical conditions of the ordinance site and/or the size of the site and/or other site constraints and/or legal constraints and that no equivalent facilitation is available, an exemption to that portion of the regulation shall be granted.

C. When the applicant adequately demonstrates and the Building Official determines that a residential dwelling unit is being reconstructed or substantially rehabilitated as a result of any disaster, an exemption to all or any portion of this chapter shall be granted.

D. This chapter shall not be applicable to any residential structure constructed or substantially rehabilitated if the primary entry of that structure is above grade because the primary entry is located over subterranean or grade-level parking.

A. New Construction – Mandatory to Install. There are no mandatory installations related to a primary entrance in a visitable residential dwelling.

B. New Construction – Mandatory to Offer. The following options for the accessible entrance on the primary entry level shall be offered and, if accepted, installed at the request and cost of the purchaser/owner, if requested when installation is consistent with SMC 15.80.140:

1. An exterior accessible route that is either:

a. Consistent with the requirements of CBC Chapter 11A; or

b. Not be less than 40 inches wide and not have a slope greater than one unit vertical in 20 units horizontal.

2. The accessible primary entrance that is consistent with the requirements of CBC Chapter 11A.

3. The floor or landing at and on the exterior and interior side of the accessible entrance door that is either of the following:

a. Consistent with the requirements of CBC Chapter 11A; or

b. The width of the level area on the side to which the accessible entrance door swings shall extend 24 inches past the strike edge of the door.

4. The exterior accessible entry door that is either:

a. Consistent with the requirements of CBC Chapter 11A; or

b. Have a 34-inch net clear opening.

5. A second exterior door that is installed in a manner so that it is accessible as provided in this subsection with a 32-inch net clear opening.

6. Where at least one eyehole is provided in the accessible entry door one shall be at standard height and a second one that is between 42 inches and 44 inches from the finished floor.

7. Where at least one doorbell is provided for the accessible entry door one that is between 42 inches and 48 inches from the finished floor must be offered.

C. Substantial Rehabilitation. Any substantial rehabilitation of the primary external entrance shall comply with the requirements of subsection B of this section and all of the requirements and options in SMC 15.80.120 applicable to the primary entrance shall be offered and, if accepted, installed at the request and cost of the purchaser/owner if requested when installation is consistent with SMC 15.80.130.

A. New Construction – Mandatory to Install. There are no mandatory installations related to interior routes in a visitable residential dwelling.

B. New Construction – Mandatory to Offer. The following options for accessible interior routes on the primary entry level shall be offered and, if accepted, installed at the request and cost of the purchaser/owner if requested when installation is consistent with SMC 15.80.130:

1. At least one accessible route through the hallways consistent with the requirements of CBC Chapter 11A from the accessible entrance of the dwelling unit to the primary entry level powder room or bathroom, a common use room and the kitchen if located on the primary entry level.

2. No sunken or raised area in the bathroom or powder room, the common use room and the kitchen if on the primary entry level, on an accessible route.

3. Handrails installed in a manner consistent with CBC Chapter 11A on one or both sides of the accessible route, at the option of the purchaser/owner.

4. Handrail reinforcement installed on one or both sides of the accessible route.

5. An accessible route with a minimum width of 42 inches. A 39-inch hallway width may be provided when all doors leading to any bathroom, powder room, common use room or kitchen if on the primary entry level that must be accessible have a minimum clear door opening of 34 inches and a 36-inch hallway width may be provided when all doors leading to any bathroom, powder room, common use room, or kitchen on the primary entry level that must be accessible have a minimum clear door opening of 36 inches.

C. Substantial Rehabilitation. Any substantial rehabilitation of the interior route which leads to one primary floor powder room or bathroom shall comply with the requirements of subsection B of this section and the requirements and options in SMC 15.80.080(B) applicable to the interior route from the primary entrance shall be offered and, if accepted, installed at the request and cost of the purchaser/owner if requested when installation is consistent with SMC 15.80.130.

A. New Construction – Mandatory to Install. There are no mandatory installations related to the powder room, bathroom or other facilities in a visitable residential dwelling.

B. New Construction – Mandatory to Offer. The following options for the accessible bathroom or powder room on the route from the primary entrance shall be offered and, if accepted, installed at the request and cost of the purchaser/owner if requested when installation is consistent with SMC 15.80.140:

1. At least one powder room or bathroom, at the option of the purchaser/owner on the primary entry level of a visitable residential dwelling which complies with the requirements of CBC Chapter 11A.

2. Clear space in the bathroom or powder room that is either:

a. Consistent with the requirements of CBC Chapter 11A; or

b. Outside of the swing of the door and either a 48-inch circle, 48 inches by 60 inches, or a 60-inch-diameter circle at the option of the purchaser/owner.

3. A bathtub or shower meeting the requirements of ANSI A117.1.

4. Either of the following:

a. Grab bar reinforcement consistent with CBC Chapter 11A; or

b. Grab bars installed in a manner consistent with CBC Chapter 11A for the toilet, shower/bath or lavatory, or any combination thereof, at the option of the purchaser/owner.

5. Faucets and handles not requiring tight grasping, pinching or twisting of the wrist and consistent with the requirements of CBC Chapter 11A.

6. A lavatory or sink installed consistent with CBC Chapter 11A.

7. A toilet installed consistent with CBC Chapter 11A.

8. Removable cabinets under the lavatory/sink.

9. Where mirrors and towel fixtures are provided in the accessible bathroom or powder room installation consistent with the requirements of CBC Chapter 11A.

C. Substantial Rehabilitation. Any substantial rehabilitation of one powder room or bathroom on the route from the primary entrance shall comply with the requirements of subsection B of this section and the requirements and options in SMC 15.80.130(B) applicable to that bathroom or powder room shall be offered and, if accepted, installed at the request and cost of the purchaser/owner, if requested when installation is consistent with SMC 15.80.140.

A. New Construction – Mandatory to Install. There are no mandatory installations related to a kitchen in a visitable residential dwelling.

B. New Construction – Mandatory to Offer. If there is a kitchen on the primary entry level, the following options shall be offered and, if accepted, installed at the request and cost of the purchaser/owner if requested when installation is consistent with SMC 15.80.130:

1. An accessible route to the kitchen with a pathway through the kitchen to the stove, oven, or combination stove-oven consistent with the requirements of CBC Chapter 11A.

2. One or more of the following at the purchaser/owner’s option:

a. At least a 48-inch-by-60-inch clear space in front of a stove at the base of a U-shaped kitchen;

b. At least a 30-inch-by-48-inch clear space in front of the sink (counting open access underneath, if available);

c. At least one 18-inch-wide breadboard and/or at least 18 inches in counter space at a 34-inch height or any combination thereof at the option of the purchaser/owner.

3. Sink controls consistent with CBC Chapter 11A.

4. Adjustable sink and/or removable under- sink cabinets consistent with Chapter 11A.

5. Hood fan controls at light switch level or lower level.

C. Substantial Rehabilitation. For any substantial rehabilitation of a kitchen on the primary entry level, there are no requirements either to install or offer any installations or components.

A. New Construction – Mandatory to Install. There are no mandatory installations related to a common use room in a visitable residential dwelling.

B. New Construction – Mandatory to Offer. The following options for the common use room on the primary entry level shall be offered and, if accepted, installed at the request and cost of the purchaser/owner, if requested when installation is consistent with SMC 15.80.140:

1. At least one common use room such as a dining room or living room on the accessible route. Sunken or raised areas not exceeding 50 percent of the area of the room’s floor space shall be permitted as an option of the purchaser/owner in a common use room on the accessible route when an accessible route connects a usable portion of the common use room to the accessible bathroom or powder room and the accessible exterior entrance door.

2. No sunken areas in a common use room on an accessible route.

3. Standards related to access to and flatness of any other common area room on the primary entry level.

C. Substantial Rehabilitation. For any substantial rehabilitation of a common use room on the primary entry level there are no requirements either to install or offer any installations or components.

A. New Construction – Mandatory to Install. There are no mandatory installations related to a bedroom in a visitable residential dwelling.

B. New Construction – Mandatory to Offer. If there is a bedroom on the primary entry level the following options shall be offered and, if accepted, installed at the request and cost of the purchaser/owner, if requested when installation is consistent with SMC 15.80.140:

At least one bedroom on the accessible route of travel with all components meeting the requirements of SMC 15.80.130. A closet shall have at least a 32-inch net opening and adjustable closet rods and shelving. A family room or den may satisfy this bedroom requirement if a sleeping structure (such as a bed, futon, hide-away, or Murphy bed) can be placed in the room and if the room complies with provisions for emergency escape and rescue and smoke alarms in the California Building Code.

C. Substantial Rehabilitation. For any substantial rehabilitation of a bedroom on the primary entry level, there are no requirements either to install or offer any installations or components.

A. New Construction – Mandatory to Install. There are no mandatory installations related to miscellaneous areas of a visitable residential dwelling.

B. New Construction – Mandatory to Offer. The following options shall be offered and, if accepted, installed at the request and cost of the purchaser/owner, if requested when installation is consistent with SMC 15.80.140:

If on the primary entry level, miscellaneous areas or facilities (such as a patio or yard, laundry room, or storage area) for the dwelling must have an accessible route to and from the accessible entrance, either through the dwelling unit or around the dwelling unit.

C. Substantial Rehabilitation. For any substantial rehabilitation of a miscellaneous area on the same floor as the primary entry, there are no requirements either to install or offer any installations or components.

A. New Construction – Mandatory to Install. There are no mandatory installations related to general components in a visitable residential dwelling.

B. New Construction – Mandatory to Offer. The following options shall be offered and, if accepted, installed at the request and cost of the purchaser/owner, if requested when installation is consistent with SMC 15.80.140:

1. Rocker light switches and controls installed pursuant to either of the following:

a. In all rooms required to be accessible and on the accessible route.

b. Throughout the balance of the residential dwelling unit.

2. On an accessible route in an interior room or hallway interior doors or openings for rooms and routes of travel required to be accessible consistent with CBC Chapter 11A.

Exceptions: A 34-inch clear doorway width may be requested from a hallway with a 39-inch width, and a 36-inch clear doorway width may be requested from a hallway with a 36-inch width.

3. The width of the level area on the side toward which an accessible door swings consistent with CBC Chapter 11A.

4. If the Building Official or owner/purchaser determines that the accessible route and doorway width options prescribed by Chapter 11A are not feasible and that a less wide accessible route is necessary, a functional alternative to ensure that all entries into rooms required to be accessible may be approved by the Building Official or purchaser/owner if it meets at least one of the following requirements and if the hallway is not less than 36 inches in width:

a. The entry door to the room must be at the end of a hallway or passageway or open directly from another room on an accessible route of travel, so that no turn of 90 degrees or more is necessary to enter the room.

b. The hallway wall opposite the room must be inset enough to allow an area of at least eight inches wide with at least a 60-inch run centered on the center of the entry door opening (e.g., an eight-inch-by-60-inch notch or alcove).

c. The hallway wall on the same side as the room must be inset enough to allow an area of at least eight inches wide with at least a 60-inch run centered on the center of the entry door opening (e.g., an eight-inch-by-60-inch notch or alcove).

d. The hallway wall directly opposite the room door must open to another room with at least a 60-inch opening on a level with the accessible passageway or hallway.

Note: Doors or openings to the rooms required to be accessible may be wider and the notch or alcove smaller if equivalent access is not impeded. In addition, for a doorway at the end of a hallway or in other circumstances the notch or alcove need not be centered on the doorway if equivalent access is not impeded.

5. Hand-activated door hardware complying with CBC Chapter 11A.

6. Flooring throughout the residential dwelling unit consistent with CBC Chapter 11A.

7. The installation of all receptacle outlets, lighting controls and environmental controls throughout the balance of the residential dwelling unit must comply with CBC Chapter 11A or applicable provisions of the California Electrical Code.

8. Standards pertaining to residential structures from ANSI A117.1 may be used throughout this chapter when CBC Chapter 11A does not contain specific standards or when the ANSI standards are equivalent to the Chapter 11A standards.

A. The developer or builder of a visitable residential dwelling must offer an opportunity to select any the features listed in this chapter to an owner or prospective owner of a visitable residential dwelling at the earliest feasible time after the owner, purchaser or prospective purchaser is identified.

B. The developer or builder of a visitable residential dwelling shall construct or install any requested features identified in this chapter unless it would result in an unreasonable delay in the construction or significant unreimbursable costs to the developer or builder.

C. The developer or builder of a visitable residential dwelling, at his or her option, may offer or utilize standards for structural or design features, components or appliances and facilities, including but not limited to ANSI standards which meet or exceed CBC Chapter 11A and which offer greater availability, access or usability, and these are deemed to be in compliance with this chapter.

A. It is unlawful for any person or entity to fail to comply with the requirements of this chapter.

B. Any willful violation of this chapter shall be punishable by a civil penalty of $500.00 dollars. (Health and Safety Code Section 17959.6(g).)

C. Enforcement pursuant to this section shall be undertaken by the City through its Building Official and the City Attorney.

D. Remedies under this section are in addition to and do not supersede or limit any and all other remedies, civil, criminal, or administrative. The remedies provided herein shall be cumulative and not exclusive.

E. Whenever the Building Official or designee reinspects or otherwise takes any enforcement action against a residential dwelling unit that is governed by this chapter to determine compliance with this chapter, the Building Official may assess fees against the owner to recover the costs to the City according to a fee schedule established by the City. The assessment and collection of these fees shall not preclude the imposition of any administrative or judicial penalty or fine for violations of this chapter or applicable State laws or regulations.

The ordinance codified in this chapter shall take effect and be in force 30 days from and after the date of its passage; provided, that a copy of the ordinance has first been filed with the California Department of Housing and Community Development in accordance with Health and Safety Code Section 17959(b)(2). The City Clerk of the City of Sebastopol shall cause the ordinance codified in this chapter to be posted in at least three public places in the City of Sebastopol in accordance with Section 36933 of the Government Code of the State of California.