Cal. Civ. Code § 8 CSR 60-4.025

PURPOSE: This rule establishes accessibility
requirements in the design and construction
of covered multifamily dwellings.
PUBLISHER’S NOTE: The secretary of state
has determined that the publication of the
entire text of the material which is incorporated by reference as a portion of this rule
would be unduly cumbersome or expensive.
Therefore, the material which is so incorporated is on file with the agency who filed this
rule, and with the Office of the Secretary of
State. Any interested person may view this
material at either agency’s headquarters or
the same will be made available at the Office
of the Secretary of State at a cost not to
exceed actual cost of copy reproduction. The
entire text of the rule is printed here. This
note refers only to the incorporated by reference material.
(1) Covered multifamily dwellings planned
for first occupancy after March 13, 1991 shall
be designed and constructed to have at least
one (1) building entrance on an accessible
route unless it is impractical to do so because
of the terrain or unusual characteristics of the
site. For purposes of this section, a covered
multifamily dwelling shall be deemed to be
designed and constructed for first occupancy
before March 14, 1991 if it is occupied before
that date or if the last building permit or permit renewal for the covered multifamily
dwellings is issued by a state, county or local
government before January 14, 1990. The
burden of establishing impracticality because
of terrain or unusual site characteristics is on
the person or persons who designed or constructed the housing facility.
(A) Example 1: A real estate developer
plans to construct six (6) covered multifamily
dwelling units on a site with a hilly terrain.
Because a long and steep stairway is necessary in order to enter the dwellings and since
there is no practical way to provide an accessible route to any of the dwellings, one need
not be provided.
(B) Example 2: A real estate developer
plans to construct a building consisting of ten
(10) units of multifamily housing on a waterfront site that floods frequently. Because of
this unusual characteristic of the site, the
builder plans to construct the building on
stilts. It is customary for housing in the geographic area where the site is located to be
built on stilts. The housing lawfully may be
constructed on the proposed site on stilts even
though this means that there will be no practical way to provide an accessible route to the
building entrance.
(C) Example 3: A real estate developer
plans to construct a multifamily housing
facility on a particular site. The developer
would like the facility to be built on the site
to contain as many units as possible. Because
of the configuration and terrain of the site, it
is possible to construct a building with one
hundred five (105) units on the site, provided
the site does not have an accessible route
leading to the building entrance. It is also
possible to construct a building on the site
with an accessible route leading to the building entrance. However, this building would
have no more than one hundred (100)
dwelling units. The building to be constructed on the site must have a building entrance
on an accessible route because it is not
impractical to provide such an entrance
because of the terrain or unusual characteristics of the site.
(2) All covered multifamily dwellings
planned for first occupancy after March 13,
1991 with a building entrance on an accessible route shall be designed and constructed in
a manner that—
(A) The public and common use areas are
readily accessible to and usable by handicapped persons (compliance with the appropriate requirements of American National
Standards Institute (ANSI) A117.1-1986 suffices to satisfy these requirements);
(B) All the doors designed to allow passage
into and within all premises are sufficiently
wide to allow passage by handicapped persons in wheelchairs; and
(C) All premises within covered multifamily dwelling units contain the following features of adaptable design:
1. An accessible route into and through
the covered dwelling unit;
2. Light switches, electrical outlets,
thermostats and other environmental controls
in accessible locations;
3. Reinforcements in bathroom walls to
allow later installation of grab bars around
the toilet, tub, shower stall and shower seat,
where these facilities are provided; and
4. Usable kitchens and bathrooms so
that an individual in a wheelchair can maneuver about the space.
A. Example 1: A developer plans to
construct a one hundred (100)-unit condominium apartment building with one (1) elevator. In accordance with section (1), the
building has at least one accessible route
leading to an accessible entrance. All one
hundred (100) units are covered multifamily
dwelling units and they all must comply with
the accessibility requirements of section (1)
of this rule.
B. Example 2: A developer plans to
construct thirty (30) garden apartments in a
three (3)-story building. The building will not
have an elevator. The building will have one
(1) accessible entrance which will be on the
first floor. Since the building does not have
an elevator, only the ground floor units are
covered multifamily units. The ground floor
is the first floor because that is the floor that
has an accessible entrance. All of the
dwelling units on the first floor must meet the
accessibility requirements of section (1) of
this rule and must have access to at least one
(1) of each type of public or common use
area available for residents in the building.
(3) Compliance with a duly enacted law of a
state or unit of general local government that
includes the requirements of (3)(C)1.—4. of
this rule satisfies the requirements of sections
(1) and (3) of the rule.
AUTHORITY: sections 213.030 and 213.040,
RSMo Supp. 1992.* Original rule filed Dec.
2, 1992, effective June 7, 1993.
*Original authority: 213.030, RSMo 1959, amended 1978,
1986, 1992 and 213.040, RSMo 1986, amended 1992.