DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT
Office
of the Assistant Secretary for Fair Housing and Equal Opportunity
24
CFR Ch.I [Docket
No. N-94- ;FR-2665-N-08) Supplement
to Notice of Fair Housing Accessibility Guidelines: Questions and Answers
about the Guidelines
AGENCY: Office of the Assistant Secretary for Fair Housing and
Equal Opportunity, HUD.
ACTION:
Supplement to Notice of Fair Housing Accessibility Guidelines: Questions and Answers
about the Guidelines. SUMMARY:
On March 6, 1991 (56 FR 9472), the Department published final Fair Housing Accessibility
Guidelines (Guidelines) to provide builders and developers with technical guidance
on how to comply with the accessibility requirements of the Fair Housing Amendments
Act of 1988 (Fair Housing Act) that are applicable to certain multifamily dwellings
designed and constructed for first occupancy after March 13, 1991. Since publication
of the Guidelines, the Department has received many questions regarding the applicability
of the technical specifications set forth in the Guidelines to certain types of
new multifamily dwellings and certain types of units within covered multifamily
dwellings. The Department also has received several questions concerning the types
of new multifamily dwellings that are subject to the design and construction requirements
of the Fair Housing Act. This
document reproduces the questions that have been most frequently asked by members
of the public, and the Department's answers to these questions. The Department
believes that the issues addressed by these questions and answers may be of interest
and assistance to other members of the public who must comply with the design
and construction requirements of the Fair Housing Act. This notice of questions
and answers about the Fair Housing Accessibility Guidelines will be codified in
the 1994 edition of the Code of Federal Regulations as Appendix IV to the Fair
Housing regulations (24 CFR Ch.I., Subch.A, App. IV). FOR
FURTHER INFORMATION CONTACT: Cheryl Kent, Special Advisor for Disability
Policy, Office of Enforcement, Office of Fair Housing and Equal Opportunity, 451
Seventh St., S.W., Washington, DC 20410, telephone 202-708-2333, Ext. 7058 (voice)
or 202-708-1734 (TTY). SUPPLEMENTARY
INFORMATION: Background The Fair Housing Amendments Act of 1988
(Pub.L. 100-430, approved September 13, 1988) (the Fair Housing Amendments Act)
amended title VIII of the Civil Rights Act of 1968 (Fair Housing Act or Act) to
add prohibitions against discrimination in housing on the basis of disability
and familial status. The Fair Housing Amendments Act also made it unlawful to
design and construct certain multifamily dwellings for first occupancy after March
13, 1991, in a manner that makes them inaccessible to persons with disabilities,
and established design and construction requirements to make these dwellings readily
accessible to and usable by persons with disabilities. Section 100.205 of the
Department's regulations at 24 CFR part 100 implements the Fair Housing Act's
design and construction requirements (also referred to as accessibility requirements). On
March 6, 1991 (56 FR 9472), the Department published final Fair Housing Accessibility
Guidelines (Guidelines) to provide builders and developers with technical guidance
on how to comply with the accessibility requirements of the Fair Housing Act.
(The Guidelines are codified at 24 CFR Ch.I, Subch.A., App. II. The preamble to
the Guidelines is codified at 24 CFR Ch.I, Subch.A., App.III.) The Guidelines
are organized to follow the sequence of requirements as they are presented in
the Fair Housing Act and in 24 CFR 100.205. The Guidelines provide technical guidance
on the following seven requirements: The
design specifications presented in the Guidelines are recommended guidelines only.
Builders and developers may choose to depart from these guidelines and seek alternate
ways to demonstrate that they have met the requirements of the Fair Housing Act.
The Fair Housing Act and the Department's implementing regulation provides, for
example, for use of the appropriate requirements of the ANSI A117.1 standard.
However, adherence to the Guidelines does constitute a safe harbor in the Department's
administrative enforcement process for compliance with the Fair Housing Act's
design and construction requirements. Since
publication of the Guidelines, the Department has received many questions regarding
applicability of the design specifications set forth in the Guidelines to certain
types of new multifamily dwellings and to certain types of interior housing designs.
The Department also has received several questions concerning the types of new
multifamily dwellings that are subject to compliance with the design and construction
requirements of the Fair Housing Act. Given the wide variety in the types of multifamily
dwellings and the types of dwelling units, and the continual introduction into
the housing market of new building and interior designs, it was not possible for
the Department to prepare accessibility guidelines that would address every housing
type or housing design. Although the Guidelines cannot address every housing design,
it is the Department's intention to assist the public in complying with the design
and construction requirements of the Fair Housing Act through workshops and seminars,
telephone assistance, written replies to written inquiries, and through the publication
of documents such as this one. The Department has contracted for the preparation
of a design manual that will further explain and illustrate the Fair Housing Act
Accessibility Guidelines. The
questions and answers set forth in this notice address the issues most frequently
raised by the public with respect to types of multifamily dwellings subject to
the design and construction requirements of the Fair Housing Act, and the technical
specifications contained in the Guidelines. The
question and answer format is divided into two sections. Section 1, entitled "Dwellings
Subject to the New Construction Requirements of the Fair Housing Act" addresses
the issues raised in connection with the types of multifamily dwellings (including
portions of such dwellings) constructed for first occupancy after March 13, 1991,
that must comply with the Act's design and construction requirements. Section
2, entitled "Accessibility Guidelines," addresses the issues raised
in connection with the design and construction specifications set forth in the
Guidelines. Date:
June 28, 1994
Roberta
Achtenberg, Assistant Secretary for Fair Housing and Equal Opportunity
Accordingly,
the Department adds the "Questions and Answers about the Fair Housing Accessibility
Guidelines" as Appendix IV to 24 CFR, Ch.I, Subchapter A to read as follows:
Appendix
IV to Ch.I, Subchapter A -- Questions and Answers about the Fair Housing
Accessibility Guidelines Questions
and Answers about the Fair Housing Accessibility Guidelines Introduction
On March 6, 1991 (56 FR 9472), the Department published final Fair Housing Accessibility
Guidelines (Guidelines). (The Guidelines are codified at 24 CFR Ch. I, Subch.
A, App. II.) The Guidelines provide builders and developers with technical guidance
on how to comply with the accessibility requirements of the Fair Housing Amendments
Act of 1988 (Fair Housing Act) that are applicable to certain multifamily dwellings
designed and constructed for first occupancy after March 13, 1991. Since publication
of the Guidelines, the Department has received many questions regarding the applicability
of the technical specifications set forth in the Guidelines to certain types of
new multifamily dwellings and certain types of units within covered multifamily
dwellings. The Department also has received several questions concerning the types
of new multifamily dwellings that are subject to the design and construction requirements
of the Fair Housing Act. The
questions and answers contained in this document address some of the issues most
frequently raised by the public with respect to the types of multifamily dwellings
subject to the design and construction requirements of the Fair Housing Act, and
the technical specifications contained in the Guidelines. The
issues addressed in this document are addressed only with respect to the application
of the Fair Housing Act and the Guidelines to dwellings which are "covered
multifamily dwellings" under the Fair Housing Act. Certain of these dwellings,
as well as certain public and common use areas of such dwellings, may also be
covered by various other laws, such as section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794); the Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157);
and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101-12213). Section
504 applies to programs and activities receiving federal financial assistance.
The Department's regulations for section 504 are found at 24 CFR part 8. The
Architectural Barriers Act applies to certain buildings financed in whole or in
part with federal funds. The Department's regulations for the Architectural Barriers
Act are found at 24 CFR parts 40 and 41. The
Americans with Disabilities Act (ADA) is a broad civil rights law guaranteeing
equal opportunity for individuals with disabilities in employment, public accommodations,
transportation, State and local government services, and telecommunications. The
Department of Justice is the lead federal agency for implementation of the ADA
and should be contacted for copies of relevant ADA regulations. The
Department has received a number of questions regarding applicability of the ADA
to residential housing, particularly with respect to title III of the ADA, which
addresses accessibility requirements for public accommodations. The Department
has been asked, in particular, if public and common use areas of residential housing
are covered by title III of the ADA. Strictly residential facilities are not considered
places of public accommodation and therefore would not be subject to title III
of the ADA, nor would amenities provided for theexclusive use of residents and
their guests. However, common areas that function as one of the ADA's twelve categories
of places of public accommodation within residential facilities are considered
places of public accommodation if they are open to persons other than residents
and their guests. Rental offices and sales office for residential housing, for
example, are by their nature open to the public, and are places of publicaccommodation
and must comply with the ADA requirements in addition to all applicable requirements
of the Fair Housing Act. As
stated above, the remainder of this notice addresses issues most frequently raised
by the public with respect to the types of multifamily dwellings subject to the
design and construction requirements of the Fair Housing Act, and the technical
specifications contained in the Guidelines. Section
1: Dwellings Subject to the New Construction Requirements of the Fair Housing
Act. The issues addressed in this section concern the types of multifamily
dwellings (or portions of such dwellings) designed and constructed for first occupancy
after March 13, 1991 that must comply with the design and construction requirements
of the Fair Housing Act. - Townhouses
- Q.
Are townhouses in non-elevator buildings which have individual exterior entrances
required to be accessible?
A. Yes, if they are single-story
townhouses. If they are multistory townhouses, accessibility is not required.
(See the discussion of townhouses in the preamble to the Guidelines under "Section
2--Definitions [Covered Multifamily Dwellings]" at 56 FR 9481, March 6, 1991,
or 24 CFR Ch. I, Subch. A, App. III.)
- Q.
Does the Fair Housing Act cover four one-story dwelling units that share common
walls and have individual entrances?
A. Yes. The Fair Housing
Act applies to all units in buildings consisting of four or more dwelling units
if such buildings have one or more elevators; and ground floor dwelling units
in other buildings consisting of four or more dwelling units. This would include
one-story homes, sometimes called "single-story townhouses," "villas,"
or "patio apartments," regardless of ownership, even though such homes
may not be considered multifamily dwellings under various building codes.
- Q.
What if the single-story dwelling units are separated by firewalls?
A.
The Fair Housing Act would still apply. The Guidelines define covered multifamily
dwellings to include buildings having four or more units within a single structure
separated by firewalls.
- Commercial
Space
Q. If a building includes three residential dwelling units
and one or more commercial spaces, is the building a "covered multifamily
dwelling" under the Fair Housing Act? A. No. Covered
multifamily dwellings are buildings consisting of four or more dwelling units,
if such buildings have one or more elevators; and ground floor dwelling units
in other buildings consisting of four or more dwelling units. Commercial space
does not meet the definition of "dwelling unit." Note, however, that
title III of the ADA applies to public accommodations and commercial facilities,
therefore an independent determination should be made regarding applicability
of the ADA to the commercial space in such a building (see the introduction to
these questions and answers, which provides some background on the ADA).
- Condominiums
- Q.
Are condominiums covered by the Fair Housing Act?
A. Yes.
Condominiums in covered multifamily dwellings are covered by the Fair Housing
Act. The Fair Housing Act makes no distinctions based on ownership.
- Q.
If a condominium is pre-sold as a shell and the interior is designed and constructed
by the buyer, are the Guidelines applicable?
A. Yes. The
Fair Housing Act applies to design and construction of covered multifamily dwellings,
regardless of whether the person doing the design and construction is an architect,
builder, or private individual. (See discussion of condominiums in the preamble
to Guidelines under "Section 2-- Definitions [Dwelling Units]" at 56
FR 9481, March 6, 1991, or 24 CFR Ch. I, Subch. A, App. III.)
- Additions
- Q.
If an owner adds four or more dwelling units to an existing building, are those
units covered by the Fair Housing Act?
A. Yes, provided that
the units constitute a new addition to the building and not substantial rehabilitation
of existing units.
- Q.
What if new public and common use spaces are also being added?
A.
If new public and common use areas or buildings are also added, they are required
to be accessible.
- Q.
If the only new construction is an addition consisting of four or more dwelling
units, would the existing public and common use spaces have to be made accessible?
A. No, existing public and common use areas would not have to
be made accessible. The Fair Housing Act applies to new construction of covered
multifamily dwellings. (See section 804(f)(3)(C)(i) of the Act.) Existing public
and common use facilities are not newly constructed portions of covered multifamily
dwellings. However, reasonable modifications to the existing public and common
use areas to provide access would have to be allowed, and the Americans with Disabilities
Act (ADA) may apply to certain public and common use areas. An independent determination
should be made regarding applicability of the ADA. (See the introduction to these
questions and answers, which provides some background on the ADA.)
- Units
Over Parking
- Q.
Plans for a three-story building consist of a common parking area with assigned
stalls on grade as the first story, and two stories of single-story dwelling units
stacked over the parking. All of the stories above the parking level are to be
accessed by stairways. There are no elevators planned to be in the building. Would
the first story of single-story dwelling units over the parking level be required
to be accessible?
A. Yes. The Guidelines adopt and amplify
the definition of "ground floor" found in HUD's regulation implementing
the Fair Housing Act (see 24 CFR 100.201) to indicate that ". . .where the
first floor containing dwelling units is above grade, all units on that floor
must be served by a building entrance on an accessible route. This floor will
be considered to be a ground floor." (See definition of "ground floor"
in the Guidelines at 24 CFR Ch. I, Subch. A, App. II, Section 2.) Where no dwelling
units in a covered multifamily dwelling are located on grade, the first floor
with dwelling units will be considered to be a ground floor, and must be served
by a building entrance on an accessible route. However, the definition of "ground
floor" does not require that there be more than one ground floor.
- Q.
If a building design contains a mix of single-story flats on grade and single-story
flats located above grade over a public parking area, do the flats over the parking
area have to be accessible?
A. No. In the example in the
above question, because some single-story flats are situated on grade, these flats
would be the ground floor dwelling units and would be required to be accessible.
The definition of ground floor in the Guidelines states, in part, that "ground
floor means a floor of a building with a building entrance on an accessible route.
A building may have one or more ground floors. . ." Thus, the definition
includes situations where the design plan is such that more than one floor of
a building may be accessed by means of an accessible route (for an example, see
Question 6, which follows). There is no requirement in the Department's regulations
implementing the Fair Housing Act that there be more than one ground floor.
- More
Than One Ground Floor
Q. If a two or three story building is to be
constructed on a slope, such that the lowest story can be accessed on grade on
one side of the building and the second story can be accessed on grade on the
other side of the building, do the dwelling units on both the first and second
stories have to be made accessible? A. Yes. By defining "ground
floor" to be any floor of a building with an accessible entrance on an accessible
route, the Fair Housing Act regulations recognize that certain buildings, based
on the site and the design plan, have more than one story which can be accessed
at or near grade. In such cases, if more than one story can be designed to have
an accessible entrance on an accessible route, then all such stories should be
so designed. Each story becomes a ground floor and the dwelling units on that
story must meet the accessibility requirements of the Act. (See the discussion
on this issue in Question 12 of this document.)
- Continuing
Care Facilities
Q. Do the new construction requirements of the Fair
Housing Act apply to continuing care facilities which incorporate housing, health
care and other types of services? A. The new construction
requirements of the Fair Housing Act would apply to continuing care facilities
if the facility includes at least one building with four or more dwelling units.
Whether a facility is a "dwelling" under the Act depends on whether
the facility is to be used as a residence for more than a brief period of time.
As a result, the operation of each continuing care facility must be examined on
a case-by-case basis to determine whether it contains dwellings. Factors that
the Department will consider in making such an examination include, but are not
limited to:
- the
length of time persons stay in the project;
- whether
policies are in effect at the project that are designed and intended to encourage
or discourage occupants from forming an expectation and intent to continue to
occupy space at the project; and
- the
nature of the services provided by or at the project.
- Evidence
of First Occupancy
Q. The Fair Housing Act applies to covered multifamily
dwellings built for first occupancy after March 13, 1991. What is acceptable evidence
of "first occupancy"? A. The determination of first
occupancy is made on a building by building basis. The Fair Housing Act regulations
provide that "covered multifamily dwellings shall be deemed to be designed
and constructed for first occupancy on or before March 13, 1991 (and therefore
exempt from the Act's accessibility requirements) if they are occupied by that
date or if the last building permit or renewal thereof for the covered multifamily
dwellings is issued by a State, county or local government on or before June 15,
1990." For
buildings that did not obtain the final building permit on or before June 15,
1990, proof of the date of first occupancy consists of (1) a certificate of occupancy,
and (2) a showing that at least one dwelling unit in the building actually was
occupied by March 13, 1991. For example, a tenant has signed a lease and has taken
possession of a unit. The tenant need not have moved into the unit, but the tenant
must have taken possession so that, if desired, he or she could have moved into
the building by March 13, 1991. For dwelling units that were for sale, this means
that the new owner had completed settlement and taken possession of the dwelling
unit by March 13, 1991. Once again, the new owner need not have moved in, but
the owner must have been in possession of the unit and able to move in, if desired,
on or before March 13, 1991. A certificate of occupancy alone would not be an
acceptable means of establishing first occupancy, and units offered for sale,
but not sold, would not meet the test for first occupancy.
- Converted
Buildings
Q. If a building was used previously for a nonresidential
purpose, such as a warehouse, office building, or school, and is being converted
to a multifamily dwelling, must the building meet the requirements of the Fair
Housing Act? A. No, the Fair Housing Act applies to "covered
multifamily dwellings for first occupancy after" March 13, 1991, and the
Fair Housing Act regulation defines "first occupancy" as "a building
that has never before been used for any purpose." (See 24 CFR 100.201, for
the definition of "first occupancy," and also 24 CFR Ch. I, Subch. A,
App. I.) Section
2: Accessibility Guidelines. The issues addressed in this section
concern the technical specifications set forth in the Fair Housing Accessibility
Guidelines. Requirement
1 -- Accessible Entrance on an Accessible Route - Accessible
Routes to Garages
- Q.
Is it necessary to have an accessible path of travel from a subterranean garage
to single-story covered multifamily dwellings built on top of the garage?
A. Yes. The Fair Housing Act requires that there be an accessible
building entrance on an accessible route. To satisfy Requirement 1 of the Guidelines,
there would have to be an accessible route leading to grade level entrances serving
the single-story dwelling units from a public street or sidewalk or other pedestrian
arrival point. The below grade parking garage is a public and common use facility.
Therefore, there must also be an accessible route from this parking area to the
covered dwelling units. This may be provided either by a properly sloped ramp
leading from the below grade parking to grade level, or by means of an elevator
from the parking garage to the dwelling units.
- Q.
Does the route leading from inside a private attached garage to the dwelling unit
have to be accessible?
A. No. Under Requirement 1 of the
Guidelines, there must be an accessible entrance to the dwelling unit on an accessible
route. However, this route and entrance need not originate inside the garage.
Most units with attached garages have a separate main entry, and this would be
the entrance required to be accessible. Thus, if there were one or two steps inside
the garage leading into the unit, there would be no requirement to put a ramp
in place of the steps. However, the door connecting the garage and dwelling unit
would have to meet the requirements for usable doors.
- Site
Impracticality Tests
- Q.
Under the individual building test, how is the second step of the test performed,
which involves measuring the slope of the finished grade between the entrance
and applicable arrival points?
A. The slope is measured at
ground level from the entrance to the top of the pavement of all vehicular and
pedestrian arrival points within 50 feet of the planned entrance, or, if there
are none within 50 feet, the vehicular or pedestrian arrival point closest to
the planned entrance.
- Q.
Under the individual building test, at what point of the planned entrance is the
measurement taken?
A. On a horizontal plane, the center of
each individual doorway should be the point of measurement when measuring to an
arrival point, whether the doorway is an entrance door to the building or an entrance
door to a unit.
- Q.
The site analysis test calls for a calculation of the percentage of the buildable
areas having slopes of less than 10 percent. What is the definition of "buildable
areas"?
A. The "buildable area" is any area
of the lot or site where a building can be located in compliance with applicable
codes and zoning regulations.
- Second
Ground Floors
- Q.
The Department's regulation for the Fair Housing Act provides that there can be
more than one ground floor in a covered multifamily dwelling (such as a three-story
building built on a slope with three stories at and above grade in front and two
stories at grade in back). How is the individual building test performed for additional
stories, to determine if those stories must also be treated as "ground floors"?
A. For purposes of determining whether a non-elevator building
has more than one ground floor, the point of measurement for additional ground
floors, after the first ground floor has been established, is at the center of
the entrance (building entrance for buildings with one or more common entrance
and each dwelling unit entrance for buildings with separate ground floor unit
entrances) at floor level for that story.
- Q.
What happens if a builder deliberately manipulates the grade so that a second
story, which also might have been treated as a ground floor, requires steps?
A. Deliberate manipulation of the height of the finished floor
level to avoid the requirements of the Fair Housing Act would serve as a basis
for the Department to determine that there is reasonable cause to believe that
a discriminatory housing practice has occurred.
Requirement
2 -- Public and Common Use Areas - No
Covered Dwellings
Q. Are the public and common use areas of a newly
constructed development that consists entirely of buildings having four or more
multistory townhouses, with no elevators, required to be accessible? A.
No. The Fair Housing Act applies only to new construction of covered multifamily
dwellings. Multistory townhouses, provided that they meet the definition of "multistory"
in the Guidelines, are not covered multifamily dwellings if the building does
not have an elevator. (See discussion of townhouses in the preamble to the Guidelines
under "Section 2--Definitions [Covered Multifamily Dwellings]" at 56
FR 9481, March 6, 1991, or 24 CFR Ch. I, Subch. A, App. III.) If there are no
covered multifamily dwellings on a site, then the public and common use areas
of the site are not required to be accessible. However, the Americans with Disabilities
Act (ADA) may apply to certain public and common use areas. Again, an independent
determination should be made regarding applicability of the ADA. (See the introduction
to these questions and answers, which provides some background on the ADA.)
- Parking
Spaces and Garages
- Q.
How many resident parking spaces must be made accessible at the time of construction?
A. The Guidelines provide that a minimum of two percent of the
parking spaces serving covered dwelling units be made accessible and located on
an accessible route to wheelchair users. Also, if a resident requests an accessible
space, additional accessible parking spaces would be necessary if the two percent
are already reserved.
- Q.
If both open and covered parking spaces are provided, how many of each type must
be accessible?
A. The Guidelines require that accessible
parking be provided for residents with disabilities on the same terms and with
the full range of choices, e.g., surface parking or garage, that are provided
for other residents of the project. Thus, if a project provides different types
of parking such as surface parking, garage, or covered spaces, some of each must
be made accessible. While the total parking spaces required to be accessible is
only two percent, at least one space for each type of parking should be made accessible
even if this number exceeds two percent.
- Q.
If a project having covered multifamily dwellings provides parking garages where
there are several individual garages grouped together either in a separate area
of the building (such as at one end of the building, or in a detached building),
for assignment or rental to residents, are there any requirements for the inside
dimensions of these individual parking garages?
A. Yes. These
garages would be public and common use space, even though the individual garages
may be assigned to a particular dwelling unit. Therefore, at least two percent
of the garages should be at least 14' 2" wide and the vehicular door should
be at least 10'-0" wide.
- Q.
If a covered multifamily dwelling has a below grade common use parking garage,
is there a requirement for a vertical clearance to allow vans to park?
A.
This issue was addressed in the preamble to the Guidelines, but continues to be
a frequently asked question. (See the preamble to the Guidelines under the discussion
of "Section 5--Guidelines for Requirement 2" at 56 FR 9486, March 6,
1991, or 24 CFR Ch. I, Subch. A, App. III.) In response to comments from the public
that the Guidelines for parking specify minimum vertical clearance for garage
parking, the Department responded: No
national accessibility standards, including UFAS, require particular vertical
clearances in parking garages. The Department did not consider it appropriate
to exceed commonly accepted standards by including a minimum vertical clearance
in the Fair Housing Accessibility Guidelines, in view of the minimal accessibility
requirements of the Fair Housing Act. Since
the Guidelines refer to ANSI A117.1 1986 for the standards to follow for public
and common use areas, and since the ANSI does not include a vertical clearance
for garage parking, the Guidelines likewise do not. (Note: UFAS is the Uniform
Federal Accessibility Standard.)
- Public
Telephones
Q. If a covered multifamily dwelling has public telephones
in the lobby, what are the requirements for accessibility for these telephones?
A. The requirements governing public telephones are found
in Item #14, "Common use spaces and facilities," in the chart under
Requirement 2 of the Guidelines. While the chart does not address the quantity
of accessible public telephones, at a minimum, at least one accessible telephone
per bank of telephones would be required. The specifications at ANSI 4.29 would
apply. Requirement
3 -- Usable Doors - Required
Width
Q. Will a standard hung 32-inch door provide sufficient clear
width to meet the requirements of the Fair Housing Act? A.
No, a 32-inch door would not provide a sufficient clear opening to meet the requirement
for usable doors. A notation in the Guidelines for Requirement 3 indicates that
a 34-inch door, hung in the standard manner, provides an acceptable nominal 32-
inch clear opening.
- Maneuvering
Clearances and Hardware
Q. Is it correct that only the exterior side
of the main entry door of covered multifamily dwellings must meet the ANSI requirements?
A. Yes. The exterior side of the main entry door is part of the
public and common use areas and therefore must meet ANSI A117.1 1986 specifications
for doors. These specifications include necessary maneuvering clearances and accessible
door hardware. The interior of the main entry door is part of the dwelling unit
and only needs to meet the requirements for usable doors within the dwelling intended
for user passage, i.e., at least 32 inches nominal clear width, with no requirements
for maneuvering clearances and hardware. (See 56 FR 9487-9488, March 6, 1991,
or 24 CFR Ch. I, Subch. A, App. III.)
- Doors
to Inaccessible Areas
Q. Is it necessary to provide usable doors
when the door leads to an area of the dwelling that is not accessible, such as
the door leading down to an unfinished basement, or the door connecting a single-story
dwelling with an attached garage? (In the latter case, there is a separate entrance
door to the unit which is accessible.) A. Yes. Within the
dwelling unit, doors intended for user passage through the unit must meet the
requirements for usable doors. Such doors would have to provide at least 32 inches
nominal clear width when the door is open 90 degrees, measured between the face
of the door and the stop. This will ensure that, if a wheelchair user occupying
the dwelling unit chooses to modify the unit to provide accessibility to these
areas, such as installing a ramp from the dwelling unit into the garage, the door
will be sufficiently wide to allow passage. It also will allow passage for people
using walkers or crutches. Requirement
4 -- Accessible Route Into and Through the Unit - Sliding
Door
Q. If a sliding door track has a threshold of 3/4", does
this trigger requirements for ramps? A. No. The Guidelines
at Requirement 4 provide that thresholds at doors, including sliding door tracks,
may be no higher than 3/4" and must be beveled with a slope no greater than
1:2.
- Private
Attached Garages
Q. If a covered multifamily dwelling has an individual,
private garage which is attached to and serves only that dwelling, does the garage
have to be accessible in terms of width and length? A. Garages
attached to and which serve only one covered multifamily dwelling are part of
that dwelling unit, and are not covered by Requirement 2 of the Guidelines, which
addresses accessible and usable public and common use space. Because such individual
garages attached to and serving only one covered multifamily dwelling typically
are not finished living space, the garage is not required to be accessible in
terms of width or length. The answer to this question should be distinguished
from the answer to Question 14(c). Question 14(c) addresses parking garages where
there are several garages or stalls located together, either in a separate, detached
building, or in a central area of the building, such as at one end. These types
of garages are not attached to, and do not serve, only one unit and are therefore
considered public and common use garages.
- Split-Level
Entry
Q. Is a dwelling unit that has a split entry foyer, with the
foyer and living room on an accessible route and the remainder of the unit down
two steps, required to be accessible if it is a ground floor unit in a covered
multifamily dwelling? A. Yes. Under Requirement 4, there
must be an accessible route into and through the dwelling unit. This would preclude
a split level foyer, unless a properly sloped ramp can be provided. Requirement
5 -- Environmental Controls - Range
Hood Fans
Q. Must the switches on range hood kitchen ventilation
fans be in accessible locations? A. No. Kitchen ventilation
fans located on a range hood are considered to be part of the appliance. The Fair
Housing Act has no requirements for appliances in the interiors of dwelling units,
or the switches that operate them. (See "Guidelines for Requirement 5"
and "Controls for Ranges and Cooktops" at 56 FR 9490 and 9492, March
6, 1991, or 24 CFR Ch. I, Subch. A, App. III.) Requirement
6 -- Reinforced Walls for Grab Bars - Type
of Reinforcement
Q. What type of reinforcement should be used to
reinforce bathroom walls for the later installation of grab bars? A.
The Guidelines do not prescribe the type of material to use or method of providing
reinforcement for bathroom walls. The Guidelines recognize that grab bar reinforcing
may be accomplished in a variety of ways, such as by providing plywood panels
in the areas illustrated in the Guidelines under Requirement 6, or by installing
vertical reinforcement in the form of double studs at the points noted on the
figures in the Guidelines. The builder/owners should maintain records that reflect
the placement of the reinforcing material, for later reference by a resident who
wishes to install a grab bar.
- Type
of Grab Bar
Q. What types of grab bars should the reinforcement be
designed to accommodate and what types may be used if the builder elects to install
grab bars in some units at the time of construction? A. The
Guidelines do not prescribe the type of product for grab bars, or the structural
strength for grab bars. The Guidelines only state that the necessary reinforcement
must be placed "so as to permit later installation of appropriate grab bars."
(Emphasis added.) In determining what is an appropriate grab bar, builders are
encouraged to look to the 1986 ANSI A117.1 standard, the standard cited in the
Fair Housing Act. Builders also may follow State or local standards in planning
for or selecting appropriate grab bars. Requirement
7 -- Usable Kitchens and Bathrooms - Counters
and Vanities
Q. It appears from Figure 2(c) of the Guidelines (under
Requirement 5) that there is a 34 inch height requirement for kitchen counters
and vanities. Is this true? A. No. Requirement 7 addresses
the requirement for usable kitchens and bathrooms so that a person in a wheelchair
can maneuver about the space. The legislative history of the Fair Housing Act
makes it clear that the Congress intended that the Act affect ability to maneuver
within the space of the kitchen and bathroom, but not to require fixtures, cabinetry
or plumbing of adjustable design. Figure 2(c) of the Guidelines is illustrating
the maximum side reach range over an obstruction. Because the picture was taken
directly from the ANSI A117.1 1986 standard, the diagram also shows the height
of the obstruction, which, in this picture, is a countertop. This 34 inch height,
however, should not be regarded as a requirement.
- Showers
Q. Is a parallel approach required at the shower, as shown in Figure
7(d) of the Guidelines? A. Yes. For a 36" x 36"
shower, as shown in Figure 7(d), a person in a wheelchair would typically add
a wall hung seat. Thus the parallel approach as shown in Figure 7(d) is essential
in order to be able to transfer from the wheelchair to the shower seat.
- Tub Controls
Q. Do the Guidelines set any requirements for the type or location of
bathtub controls? A. No, except where the specifications
in Requirement 7(2)(b) are used. In that case, while the type of control is not
specified, the control must be located as shown in Figure 8 of the Guidelines.
- Paragraph
(b) Bathrooms
Q. If an architect or builder chooses to follow the
bathroom specifications in Requirement 7, Guideline 2, paragraph (b), where at
least one bathroom is designed to comply with the provisions of paragraph (b),
are the other bathrooms in the dwelling unit required to have reinforced walls
for grab bars? A. Yes. Requirement 6 of the Guidelines requires
reinforced walls in bathrooms for later installation of grab bars. Even though
Requirement 6 was not repeated under Requirement 7--Guideline 2, it is a separate
requirement which must be met in all bathrooms. The same would be true for other
Requirements in the Guidelines, such as Requirement 5, which applies to usable
light switches, electrical outlets, thermostats and other environmental controls;
Requirement 4 for accessible route; and Requirement 3 for usable doors.
- Bathroom
Clear Floor Space
Q. Is it acceptable to design a bathroom with an
in- swinging 2'10" door which can be retrofitted to swing out in order to
provide the necessary clear floor space in the bathroom? A.
No. The requirements in the Guidelines must be included at the time of construction.
Thus, for a bathroom, there must be sufficient maneuvering space and clear floor
space so that a person using a wheelchair or other mobility aid can enter and
close the door, use the fixtures and exit.
- Lavatories
Q. Would it be acceptable to use removable base cabinets beneath a wall-hung
lavatory where a parallel approach is not possible? A. Yes.
The space under and around the cabinet should be finished prior to installation.
For example, the tile or other floor finish must extend under the removable base
cabinet.
- Wing
Walls
Q. Can a water closet (toilet) be located in an alcove with
a wing wall? A. Yes, as long as the necessary clear floor
space shown in Figure 7(a) is provided. This would mean that the wing wall could
not extend beyond the front edge of a lavatory located on the other side of the
wall from the water closet.
- Penalties
Q. What types of penalties or monetary damages will be assessed if covered
multifamily dwellings are found not to be in compliance with the Fair Housing
Act? A. Under the Fair Housing Act, if an administrative
law judge finds that a respondent has engaged in or is about to engage in a discriminatory
housing practice, the administrative law judge will order appropriate relief.
Such relief may include actual and compensatory damages, injunctive or other equitable
relief, attorney's fees and costs, and may also include civil penalties ranging
from $10,000 for the first offense to $50,000 for repeated offenses. In addition,
in the case of buildings which have been completed, structural changes could be
ordered, and an escrow fund might be required to finance future changes.
Further, a Federal
district court judge can order similar relief plus punitive damages as well as
civil penalties for up to $100,000 in an action brought by a private individual
or by the U.S. Department of Justice.
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