17959
. (a) No later than December 31, 2003, the department shall
consider proposed universal design guidelines for home construction
or home modifications which may be submitted by the California
Department of Aging, the California Commission on Aging, the
Department of Rehabilitation, the office of the State Architect of
the Department of General Services, the office of the State Fire
Marshal, the California Building Standards Commission, or other state
departments. Thereafter, the department, without significantly
impacting housing cost and affordability, shall, in consultation with
these agencies, develop guidelines and at least one model ordinance
for new construction and home modifications that is consistent with
the principles of universal design as promulgated by the Center for
Universal Design at North Carolina State University or other similar
design guidelines that 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. In developing these
guidelines and model ordinances, the department also shall meet with,
and solicit information from, individuals and organizations
representing individuals and entities with interests in construction,
local governments, the health and welfare of senior citizens and
persons with disabilities, architects, and others with expertise in
these design and living issues. The department shall ensure that at
least three meetings subject to the Bagley-Keene Open Meeting Act
(Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of
Division 3 of the Government Code) shall occur, that shall include
opportunities for government agencies, individuals, and organizations
identified in this subdivision to participate and comment on
proposed guidelines or draft model ordinances.
(b) (1) In addition to the authority granted by Sections 17958.5
and 18941.5, and for the purposes of this section, a city, county, or
city and county may, by ordinance, make changes or modifications in
addition to or in excess of the requirements contained in the
California Building Standards Code adopted pursuant to Sections 17922
and 18928 if the city, county, or city and county makes a finding
that the changes and modifications are reasonably necessary and are
substantially the same as the guidelines or model ordinances adopted
pursuant to subdivision (a). In no case shall the changes or
modifications be less restrictive than the requirements published in
the California Building Standards Code.
(2) A city, county, or city and county adopting an ordinance
pursuant to this subdivision shall file a copy of the ordinance and
the findings with the department. No such ordinance shall become
effective or operative for any purpose until the findings and the
ordinance have been filed with the department. The department may
review the findings and each ordinance to evaluate their consistency
with this subdivision, and shall provide written comments to the
adopting entity as to any such evaluation.
(c) (1) In a city, county, or city and county where a universal
design ordinance has not been adopted pursuant to subdivision (b),
developers of housing for senior citizens, persons with disabilities,
and other persons and families are encouraged, but not required, to
seek information and assistance from the department and the
California Department of Aging regarding the principles of universal
design specified in subdivision (a) and consider those principles in
their construction.
(2) The department, the California Department of Aging, and any
other interested state agency also may, to the extent feasible,
disseminate information to interested persons and entities in all
parts of the state regarding the principles of universal design and
their relationship to new construction and home modifications.
(d) Subdivision (b) shall become operative on January 1, 2005.