17959.6
. (a) Ninety days after the Department of Housing and
Community Development certifies and makes available a standard form
pursuant to subdivision (h), but in no event sooner than July 1,
2004, for housing developments for which a building permit
application is submitted on or after that date, a developer of any
new for-sale residential housing development, including, but not
limited to, a single family dwelling, duplex, triplex, townhouse,
condominium, or other homes, shall provide to a buyer a list of
universal accessibility features that would make the home entrance,
interior routes of travel, the kitchen, and the bathrooms fully
accessible to persons with disabilities.
(b) (1) (A) The list shall include the features described in
paragraphs (2) to (7), inclusive, and any others that the developer
deems necessary or appropriate to effectuate the purposes of this
section.
(B) To the extent that any of the features described in paragraphs
(2) to (7), inclusive, are included in Chapter 11A of the California
Building Code (Part 2 of Title 24 of the California Code of
Regulations), they shall be listed consistent with, and shall be
installed in a manner at least consistent with, that chapter. A
developer that lists and installs materials and features in a manner
at least consistent with Chapter 11A or successor chapters of the
California Building Code, shall be deemed to be in compliance with
the requirements of this subparagraph. Other features shall be listed
and installed in a manner appropriate to effectuate the purposes of
this section.
(C) Notwithstanding subparagraph (B), the developer and buyer may
agree in writing to different standards than those provided in
subparagraph (B) if the different standards and their deviation from
the standards in subparagraph (B) are clearly disclosed.
(2) General external adaptations:
(A) Accessible route of travel to the dwelling unit.
(B) Accessible landscaping of the side and rear yards.
(C) Accessible route from the garage or parking area to the
dwelling unit primary and secondary entries.
(3) Doors, openings, and entries:
(A) Accessible primary front door, doorway, and threshold.
(B) Accessible interior doors and doorways.
(C) Accessible secondary exterior doors, doorways, and thresholds.
(D) Accessible levered handles on all specified doors.
(E) An entry door sidelight or high and low peephole viewers.
(F) Visual fire alarms and visual doorbells.
(G) Accessible sliding glass door.
(4) General interior adaptations:
(A) Accessible routes to at least one bedroom, bathroom, and
kitchen from the primary entrance.
(B) Accessible switches, outlets, and thermostats.
(C) Visual fire alarms and visual doorbells.
(D) Rocker light switches.
(E) Closet rods and shelves adjustable from three feet to five
feet six inches high.
(F) A residential elevator or lift.
(G) If provided, a service porch with accessible workspace,
cabinets, and appliances.
(5) Kitchen:
(A) Adequate accessible clear floorspace at appliances.
(B) Repositionable sink and countertop workspaces.
(C) Accessible cabinets and drawers, including pullout shelves,
bread boards, and Lazy Susans.
(D) Accessible sink features and controls.
(E) Accessible built-in or provided appliances, including
refrigerator, stove, oven, dishwasher, and countertop microwave or
convection oven.
(F) Enhancements such as a contrasting color edge at countertops,
contrasting floor designs marking accessible routes and work areas,
antiscald device on plumbing fixtures, and undercabinet lighting.
(6) Bathrooms and powder rooms (applicable to one or more
bathrooms, at the option of the buyer):
(A) Grab bar backing and grab bars in all requested locations.
(B) Accessible clear floorspace and turning circles.
(C) Accessible sink (lavatory) with adequate knee space and
protection.
(D) Accessible toilet (water closet).
(E) Accessible roll-in shower in lieu of a standard tub or shower.
(F) Accessible faucet handles and an adjustable handheld
showerhead.
(G) Enhancements such as a contrasting color edge at countertops,
contrasting floor designs marking accessible routes and work areas,
and antiscald device on plumbing fixtures.
(7) Any other external or internal feature requested at a
reasonable time by the buyer that is reasonably available and
reasonably feasible to install or construct and makes the residence
more usable for a person with disabilities in order to accommodate
any type of disability.
(c) For each feature on the list required by subdivision (b), the
developer shall indicate whether the feature is standard, limited,
optional, or not available.
(d) If a developer chooses to offer those features listed in
subdivision (b) as modifications that may be made to a home, the
developer shall indicate on the list required by subdivision (b) at
what point in the construction process the buyer must notify the
developer that the buyer wishes to purchase the features.
(e) If a local jurisdiction adopts a model ordinance developed
pursuant to Section 17959 that requires developers to provide
standard or optional accessibility features in homes described in
subdivision (b), a developer subject to that ordinance is required to
include on the list required by subdivision (b) only those features
beyond those required by the ordinance.
(f) Nothing in this section shall be construed to require a
developer to provide the features listed in subdivision (b) during
the construction process or at any other time, unless the developer
has offered to provide a feature and the buyer has requested it and
agreed to provide payment.
(g) Any willful violation by a developer of this section shall be
punishable by a civil penalty of five hundred dollars ($500).
(h) The department may adopt regulations that it determines are
necessary and appropriate for the use and enforcement of this
section. The regulations may include, but not be limited to,
providing specificity to any features not otherwise covered as
mandatory features in Chapter 11A or 11B of the California Building
Code, additional mandatory requirements for forms, and additional
procedures for offer or acceptance of features. The department may
develop, certify, and make available a standard form providing the
information required by this section, except for costs, and that
standard form shall be exempt from adoption pursuant to the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code). A
developer's use of a form substantially the same as that developed
and distributed by the department shall be deemed to comply with this
section.
(i) Pursuant to Section 17959, upon adoption by the department of
guidelines or a model ordinance that defines those features deemed to
provide universal accessibility, those guidelines or that model
ordinance shall supersede the features listed in subdivision (b).
(j) This section shall not be construed to require action by the
California Building Standards Commission pursuant to the California
Building Standards Law (Part 2.5 (commencing with Section 18901) of
Division 13 of the Health and Safety Code).