Chapter 7.90
UNIVERSAL DESIGN
Sections:
7.90.040 Scope and application.
7.90.060 Standards—Primary entrance.
7.90.070 Standards—Interior routes.
7.90.080 Standards—Primary floor powder room/bathroom entry and facilities.
7.90.090 Standards—Kitchen and facilities.
7.90.100 Standards—Common use room.
7.90.120 Standards—Miscellaneous areas.
7.90.130 Standards—General components.
7.90.140 Standards—New construction—Permissive options.
7.90.160 Purchaser opt-out option.
7.90.010 Purpose.
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 general 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. (Ord. 21-07 § 1 (part))
7.90.020 Findings.
A. Pursuant to Health and Safety Code Section 17959, the City Council of the city of Dublin hereby finds that the provisions of this chapter are reasonably necessary because according to the City’s Certified Housing Element, approximately thirteen (13) percent of the city’s non-institutionalized 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.
B. The City Council of the city of Dublin hereby finds that the provisions of this chapter are reasonably 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.
C. Pursuant to Health and Safety Code Section 17959, the City Council of the city of Dublin 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. (Ord. 21-07 § 1 (part))
7.90.030 Definitions.
For the purpose of this chapter, the following terms shall have the following definitions:
“Accessible” means as consistent with or as defined by the California Building Code, Chapter 11A.
“ANSI A117.1” means the most current version of the “Standard on Accessible and Usable Buildings and Facilities,” commonly known as “ICC/ANSI A117.1,” published by the International Code Council and the American National Standards Institute, Inc.
“Bathroom” means a room containing a water closet (toilet), 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.
“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” means 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” means as defined by the California Building Code.
“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 water closet (toilet) 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 used to enter a building or residential unit, as designated by the Building Official for purposes of compliance with this chapter.
“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” means as 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 Section 7.90.040. (Ord. 21-07 § 1 (part))
7.90.040 Scope and application.
A. Unit Coverage. All residential dwellings units that are a part of a residential development project in excess of twenty (20) residential dwelling units for which an application for a new construction building permit is submitted to the Building Division after the effective date of this chapter shall be visitable residential dwellings.
B. Unit Types. New construction of all single-family, duplex, and triplex residential dwellings for which an application for a building permit is submitted to the Building Division after the effective date of the ordinance codified in this chapter shall be subject to this chapter.
C. Conditions of Approval. Any tentative map, conditional use permit, site development review or building permit master plan check subject to this chapter shall contain conditions sufficient to ensure compliance with the provisions of this chapter. (Ord. 21-07 § 1 (part))
7.90.050 Exemptions.
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 may 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 site and/or due to 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 may be granted.
C. When the applicant adequately demonstrates and the Building Official determines that a residential dwelling unit is being reconstructed as a result of a disaster, an exemption to all or any portion of this chapter may be granted.
D. This chapter shall not be applicable to any residential structure constructed if the primary entry of that structure is above grade because the primary entry is located over subterranean or grade-level parking. (Ord. 21-07 § 1 (part))
7.90.060 Standards—Primary entrance.
A. New Construction—Mandatory to Install. The following items for the accessible entrance on the primary entry level shall be installed.
1. Where at least one doorbell is provided for the accessible entry door, one that is between forty-two (42) inches and forty-eight (48) inches from the finished floor must be installed.
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 Section 7.90.140.
1. An exterior accessible route that is either: consistent with the requirements of CBC Chapter 11A; or not be less than forty (40) inches wide and not have a slope greater than one (1) unit vertical in twenty (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: consistent with the requirements of CBC Chapter 11A; or the width of the level area on the side to which the accessible entrance door swings shall extend twenty-four (24) inches past the strike edge of the door.
4. The exterior accessible entry door that is either: consistent with the requirements of CBC Chapter 11A, or has a thirty-four (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 section with a thirty-two (32) inch net clear opening.
6. Where at least one (1) eyehole is provided in the accessible entry door, one (1) shall be at standard height and a second one (1) that is between forty-two (42) inches and forty-four (44) inches from the finished floor. (Ord. 21-07 § 1 (part))
7.90.070 Standards—Interior routes.
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 Section 7.90.140.
1. At least one (1) 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 (1) or both sides of the accessible route, at the option of the purchaser/owner.
4. Handrail reinforcement installed on one (1) or both sides of the accessible route.
5. An accessible route with a minimum width of forty-two (42) inches. A thirty-nine (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 thirty-four (34) inches, and a thirty-six (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 thirty-six (36) inches. (Ord. 21-07 § 1 (part))
7.90.080 Standards—Primary floor powder room/bathroom entry and facilities.
A. New Construction—Mandatory to Install. When a powder room or bathroom is located on the primary entry level the following item(s) shall be installed in a visitable residential dwelling.
1. Grab bar reinforcement consistent with CBC Chapter 11A for the water closet (toilet) and shower or bathtub.
2. Faucets and handles not requiring tight grasping, pinching, or twisting of the wrist and consistent with the requirements of CBC Chapter 11A.
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 Section 7.90.140.
1. At least one (1) 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: consistent with the requirements of CBC Chapter 11A; or outside of the swing of the door and either a forty-eight (48) inch circle, forty-eight (48) inches by sixty (60) inches or a sixty (60) inch diameter circle, at the option of the purchaser/owner.
3. A bathtub or shower meeting the requirements of ANSI A117.1.
4. Grab bars installed in a manner consistent with CBC Chapter 11A for the water closet (toilet), shower/bath, or lavatory, or any combination thereof, at the option of the purchaser/owner.
5. A lavatory or sink installed consistent with CBC Chapter 11A.
6. A water closet (toilet) installed consistent with CBC Chapter 11A.
7. Removable cabinets under the lavatory/sink.
8. Where mirrors and towel fixtures are provided in the accessible bathroom or powder room, installation consistent with the requirements of CBC Chapter 11A. (Ord. 21-07 § 1 (part))
7.90.090 Standards—Kitchen and facilities.
A. New Construction—Mandatory to Install. When a kitchen is located on the primary entry level, the following item(s) shall be installed in a visitable residential dwelling:
1. Sink controls not requiring tight grasping, pinching, or twisting of the wrist and consistent with the requirements of CBC Chapter 11A.
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 Section 7.90.140.
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 (1) or more of the following, at the purchaser/owner’s option: at least a forty-eight (48) inch by sixty (60) inch clear space in front of a stove at the base of a U-shaped kitchen; or at least a thirty (30) inch by forty-eight (48) inch clear space in front of the sink (counting open access underneath, if available); or at least one eighteen (18) inch wide breadboard and/or at least eighteen (18) inches in counter space at a thirty-four (34) inch height, or any combination thereof, at the option of the purchaser/owner.
3. Adjustable sink and/or removable under-sink cabinets consistent with Chapter 11A.
4. Hood fan controls at light switch level or lower level. (Ord. 21-07 § 1 (part))
7.90.100 Standards—Common use room.
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 Section 7.90.140.
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 fifty (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. (Ord. 21-07 § 1 (part))
7.90.110 Standards—Bedroom.
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 Section 7.90.140:
At least one (1) bedroom on the accessible route of travel with all components meeting the requirements of Section 7.90.130. A closet shall have at least a thirty-two (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. (Ord. 21-07 § 1 (part))
7.90.120 Standards—Miscellaneous areas.
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 Section 7.90.140.
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. (Ord. 21-07 § 1 (part))
7.90.130 Standards—General components.
A. New Construction—Mandatory to Install. The following item(s) shall be installed in all visitable residential dwellings:
1. Hand-activated door hardware not requiring tight grasping, pinching, or twisting of the wrist and consistent with the requirements of CBC Chapter 11A.
2. Rocker light switches and controls or light switches and controls meeting the requirements of ANSI A117.1 or CBC Chapter 11A.
3. The installation of all receptacle outlets, lighting controls and environmental controls throughout the residential dwelling unit must comply with CBC Chapter 11A or applicable provisions of the California Electrical Code.
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 Section 7.90.140.
1. 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 thirty-four (34) inch clear doorway width may be requested from a hallway with a thirty-nine (39) inch width, and a thirty-six (36) inch clear doorway width may be requested from a hallway with a thirty-six (36) inch width.
2. The width of the level area on the side toward which an accessible door swings consistent with CBC Chapter 11A.
3. 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 (1) of the following requirements and if the hallway is not less than thirty-six (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 ninety (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 (8) inches deep with at least a sixty (60) inch run centered on the center of the entry door opening [e.g., an eight (8) inch by sixty (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 (8) inches deep with at least a sixty (60) inch run centered on the center of the entry door opening [e.g., an eight (8) inch by sixty (60) inch notch or alcove.]
d. The hallway wall directly opposite the room door must open to another room with at least a sixty (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.
4. Flooring throughout the residential dwelling unit consistent with CBC Chapter 11A.
5. 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. (Ord. 21-07 § 1 (part))
7.90.140 Standards—New construction—Permissive options.
A. The developer or builder of a visitable residential dwelling must offer an opportunity to select any of 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 Chapter 11A and which offer greater availability, access or usability, and these are deemed to be in compliance with this chapter. (Ord. 21-07 § 1 (part))
7.90.150 Enforcement.
A. It is unlawful for any person or entity to fail to comply with the requirements of this chapter.
B. Violation of any provision of this chapter may be enforced by civil action including an action for injunctive relief. In any civil enforcement action, administrative or judicial, the city shall be entitled to recover its attorneys’ fees and costs from a person who is determined by a court of competent jurisdiction to have violated this chapter.
C. Any violation of the provisions of this chapter shall constitute a misdemeanor and shall be punished as such in accordance with Section 1.04.030.
D. Enforcement pursuant to this section shall be undertaken by the city through its Community Development Director and the City Attorney.
E. 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.
F. Whenever the Building Official or designee reinspects or otherwise takes any enforcement action against a residential dwelling unit which 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. (Ord. 21-07 § 1 (part))
7.90.160 Purchaser opt-out option.
The purchaser(s) may file a letter with the city of Dublin and the developer with their desire to forgo any or all of the mandatory installation features required under this chapter. Such letter shall relieve the developer of only those mandatory features listed in the purchaser(s) letter; all other mandatory items shall be installed. (Ord. 21-07 § 1 (part))