2019 CBC 11B-205.1 Exception 9

[Access Specialist]

I'm working on a public housing project in San Jose and am looking for some clarification and/or history on 2019 CBC 11B-205.1 Exception 9.

In residential dwelling units with mobility features where receptacles are provided in a kitchen at a corner work surface, one receptacle shall be located 36 inches from either wall at the inside corner.

Searching through the history of the 2019 versions, it appears that was added as an amendment in 2020 after the 2019 CBC was initially published.

Does anyone know why the DSA decided to add an absolute dimension of 36"? I assume they are trying to align themselves more closely with the FHA but the FHA allows for an outlet to be 36" minimum from the corner. I know the DSA and Ida Clair are fully aware that absolute dimensions create liabilities so I find this shocking and they probably have a good reason for it.

An outlet less than 36" from the corner is definitely not accessible but requiring an outlet to be 36" absolute limits the accessibility of the outlet when one could be located 42" or 48" from the corner and be more accessible.

The HCD fails to even mention an outlet needing to be 36", minimum or absolute, from a kitchen corner in CBC 11A when they should be the forefront of aligning themselves with the FHA anyways. The DSA was probably annoyed that they don't mention this too. I'm kind of ranting at this point though.

Thank you for your help.

 

[Access Specialist]

Searching through the history of the 2019 versions, it appears that was added as an amendment in 2020 after the 2019 CBC was initially published.

EDIT: Added as a supplement effective July 1, 2021.

 

[ADAguy]

I'm working on a public housing project in San Jose and am looking for some clarification and/or history on 2019 CBC 11B-205.1 Exception 9.

In residential dwelling units with mobility features where receptacles are provided in a kitchen at a corner work surface, one receptacle shall be located 36 inches from either wall at the inside corner.

Searching through the history of the 2019 versions, it appears that was added as an amendment in 2020 after the 2019 CBC was initially published.

Does anyone know why the DSA decided to add an absolute dimension of 36"? I assume they are trying to align themselves more closely with the FHA but the FHA allows for an outlet to be 36" minimum from the corner. I know the DSA and Ida Clair are fully aware that absolute dimensions create liabilities so I find this shocking and they probably have a good reason for it.

An outlet less than 36" from the corner is definitely not accessible but requiring an outlet to be 36" absolute limits the accessibility of the outlet when one could be located 42" or 48" from the corner and be more accessible.

The HCD fails to even mention an outlet needing to be 36", minimum or absolute, from a kitchen corner in CBC 11A when they should be the forefront of aligning themselves with the FHA anyways. The DSA was probably annoyed that they don't mention this too. I'm kind of ranting at this point though.

Thank you for your help.

Call and ask her, she doesn't bite!

 

[Yikes]

I can’t recount the exact history firsthand, but I’ve heard secondhand that previous versions of the electrical code states that kitchen convenience outlets shall be installed along the back wall at no greater than 24" max for any location on the counter. At inside corners, this made accessible reach nearly impossible.

 

[Jean Tessmer-HI]

I'm working on a public housing project in San Jose and am looking for some clarification and/or history on 2019 CBC 11B-205.1 Exception 9.

In residential dwelling units with mobility features where receptacles are provided in a kitchen at a corner work surface, one receptacle shall be located 36 inches from either wall at the inside corner.

Searching through the history of the 2019 versions, it appears that was added as an amendment in 2020 after the 2019 CBC was initially published.

Does anyone know why the DSA decided to add an absolute dimension of 36"? I assume they are trying to align themselves more closely with the FHA but the FHA allows for an outlet to be 36" minimum from the corner. I know the DSA and Ida Clair are fully aware that absolute dimensions create liabilities so I find this shocking and they probably have a good reason for it.

An outlet less than 36" from the corner is definitely not accessible but requiring an outlet to be 36" absolute limits the accessibility of the outlet when one could be located 42" or 48" from the corner and be more accessible.

The HCD fails to even mention an outlet needing to be 36", minimum or absolute, from a kitchen corner in CBC 11A when they should be the forefront of aligning themselves with the FHA anyways. The DSA was probably annoyed that they don't mention this too. I'm kind of ranting at this point though.

Thank you for your help.

Access specialist - there is not such thing in construction as absolute even if you build it in a machine shop using the finest micrometers. I would place your receptacles at 37" minimum from the corners making sure the reach over the counter to the receptacle is not higher than 44" to the top of the J-box placement. The 36" from the corner does not exist in the 1991 Fair Housing Act Guideline this is an area where I am told that HUD has a special handbook (which they would not send me) that gives them that interpretation. The senior access advisor told me they are looking for at least one plug that is placed in a way that a 30x48 side access, clear floor space (meaning beyond the finished nose of the counter top and beyond any handle protrusions in the kitchen) one receptacle minimum on each leg of a counter. So if you have a U shape Kitchen you would neet 3. The U shape kitchens require a 60 inch turning space clear of handles, and finished counter top nosing. I suggest you make the turning space 61 inches. If there is a FHAG suite it will not be base on the DSA it will be based on the FHAG. in the work i do the DOJ is looking right down to 1/8" accuracy.

 

[Access Specialist]

Access specialist - there is not such thing in construction as absolute even if you build it in a machine shop using the finest micrometers. I would place your receptacles at 37" minimum from the corners making sure the reach over the counter to the receptacle is not higher than 44" to the top of the J-box placement. The 36" from the corner does not exist in the 1991 Fair Housing Act Guideline this is an area where I am told that HUD has a special handbook (which they would not send me) that gives them that interpretation. The senior access advisor told me they are looking for at least one plug that is placed in a way that a 30x48 side access, clear floor space (meaning beyond the finished nose of the counter top and beyond any handle protrusions in the kitchen) one receptacle minimum on each leg of a counter. So if you have a U shape Kitchen you would neet 3. The U shape kitchens require a 60 inch turning space clear of handles, and finished counter top nosing. I suggest you make the turning space 61 inches. If there is a FHAG suite it will not be base on the DSA it will be based on the FHAG. in the work i do the DOJ is looking right down to 1/8" accuracy.

I understand that there is no such thing as an actual "absolute dimension." All constructed elements should be subject to standard industry tolerance. HUD did not have that understanding when they wrote the the FHA Design Manual though, i.e. FHADM page 6.5, which has created many lawsuits over the years.

Saying to locate outlets 37" min is bad advice. I'm talking about a CA specific project here and even though FHA does apply, the 2019 CBC 11B 205.1 Exception 9 is more stringent. California has a higher percentage of lawsuits across the country because CBC 11B has been written into law. I would be setting my clients up for a civil lawsuit if I recommended 37" min even though HUD would be okay with it. The case would absolutely be based on the DSA and not on the FHAG. California is the only state (that I know of) where you can get sued on not meeting your accessibility requirements in the building code (CBC 11B). It's the whole reason why the CASp certification is a thing.

You're right that the 36" from the corner does not exist in the Guidelines but it does exist in the Design Manual. The Design Manual's Preface states that it "provides comprehensive information about accessibility requirements which must be incorporated into the design and construction of Multifamily housing covered by the Act" and FHADM page 5.8 also uses direct language (Electrical outlets on walls over cabinets must be a minimum of 36" from a corner) which is not a recommendation based on the terms discussed in the Preface. Of course this is dependent on the project's safe harbor but I believe it's safer to lean on what the Design Manual says because it was written by HUD to help people understand the intent of the Guidelines. It is also my understanding that at least one accessible outlet be provided per section of countertop with a clear floor area. I reference the NEC to define what a section of countertop is.

As far as turning spaces in kitchens go, handles are specifically excluded per FHADM page 7.9 but countertop edges apply.

 

[ADAguy]

Note that CBC is the min. in CA only to the degree that it is more stringent then the ADA/FHA.