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Fair
Housing Accessibility Guidelines
Table of Contents
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Response.
Sections 100.205(g) and (h) of the Fair Housing regulations implement Sections
804(f)(5)(B) and (C), and Section 804(f)(6)(b) of the Fair Housing Act. The language
of §§100.205(g) and (h) is taken directly from these statutory provisions. The
Congress, not the Department, made the decision that determinations of compliance
or noncompliance with the Act by a State or unit of general local government shall
not be conclusive in enforcement proceedings. The Department, however, agrees
with the position taken in the statute. The Department believes that it would
be inappropriate to accord particular "weight" to determinations made by a wide
variety of State and local government agencies involving a new civil rights law,
without first having the benefit of some experience reviewing the accuracy of
the determinations made by State and local authorities under the Fair Housing
Act. Comment.
Two commenters stated that local building departments, especially those in smaller
urban areas and in rural areas, do not have the manpower or expert knowledge to
assure a proper determination of compliance, particularly in "close call" situations.
The commenters recommended that liability for any infractions exclude local building
departments unless the Department is willing to provide qualified personnel from
its local field office to attend staff reviews of every building permit request.
Response. The Department is reluctant to assume that State
and local jurisdictions, by performing compliance reviews, will subject themselves
to liability under the Fair Housing Act, particularly in light of section 804(f)(5)(C)
of the Act, which encourages States and localities to make reviews for compliance
with the statute; and the implicit recognition, under Section 804(f)(6)(B), that
these reviews may not be correct. Comment.
With reference to a violation of the Act's requirements, several commenters questioned
how violations of the Act would be determined, and what the penalty would be for
a violation. The commenters asked whether a builder would be cited, and fined,
for each violation per building, or for each violation per unit. Response.
If it is determined that a violation of the Act has occurred, a Federal District
Court or an administrative law judge (ALJ) has the authority to award actual damages,
including damages for humiliation and emotional distress; punitive damages (in
court) or civil penalties (in ALJ proceedings); injunctive relief; attorneys fees
(except to the United States); and any other equitable relief that may be considered
appropriate. Whether a violation will be found for each violation per building,
for each violation per unit, or on any other basis, is properly left to the courts
and the ALJs. Enforcement
Mechanisms. In the proposed guidelines, the Department solicited
public comment on effective enforcement mechanisms (55 FR 24383-24384). Specifically,
the Department requested comment on the effectiveness of: annual surveys to assess
the number of projects developed with accessible buildings; recordkeeping requirements;
and a "second opinion" by an independent, licensed architect or engineer on the
site impracticality issue. The Department stated that comments on these proposals
would be considered in connection with forthcoming amendments to the Fair Housing
regulation.
The Department appreciates all comments submitted on the proposed enforcement
mechanisms, and the suggestions offered on other possible enforcement mechanisms,
such as a preconstruction review process, certification by a licensed architect,
engineer or other building professional that a project is in compliance with the
Act, and certification of local accessibility codes by the Department. All these
comments will be considered in connection with future amendments to the Fair Housing
Act regulation. First
Occupancy Comment.
A number of commenters requested clarification of the determination of "first
occupancy" after March 13, 1991. A few commenters referred to the Act's first
occupancy requirement as that of "ready for occupancy" by March 13, 1991.
Response. The phrase "ready for occupancy" does not correctly
describe the standard contained in the Fair Housing Act. The Act states that covered
multifamily dwellings subject to the Act's accessibility requirements are those
that are "for first occupancy" after March 13, 1991. The standard, "first occupancy,"
is based on actual occupancy of the covered multifamily dwelling, or on issuance
of the last building permit, or building permit renewal, on or before January
13, 1990. Where an individual is relying on a claim that a building was actually
occupied on March 13, 1991, the Department, in making a determination of reasonable
cause, will consider each situation on a case-by-case basis. As long as one dwelling
unit in a covered multifamily dwelling is occupied, the one occupied dwelling
unit is sufficient to meet the requirements for actual occupancy. However, the
question of whether the occupancy was in compliance with State and local law (e.g.,
pursuant to a local occupancy permit, where one is required) will be a crucial
factor in determining whether first occupancy has been achieved. Comment.
Several commenters requested clarification of "first occupancy", with respect
to projects involving several buildings, or projects with extended build-out terms,
such as planned communities with completion dates 5 to 10 years into the
future. Response. "First occupancy" is determined on a building-by-building
basis, not on a project-by-project basis. For a project that involves several
buildings, one building in the project could be built without reference to the
accessibility requirements, while a building constructed next door might have
to comply with the Act's requirements. The fact that one or more buildings in
a multiple building project were occupied on March 13, 1991 will not be sufficient
to afford an exemption from the Act's requirements for other buildings in the
same project that are developed at a later time. Costs
of Adaptation. Comment.
A few commenters requested clarification on who incurs the cost of making a unit
adaptable for a disabled tenant. Response. All costs associated
with incorporating the new design and construction requirements of the Fair Housing
Act are borne by the builder. There are, of course, situations where a tenant
may need to make modifications to the dwelling unit which are necessary to make
the unit accessible for that person's particular type of disability. The tenant
would incur the cost of this type of modification -- whether or not the dwelling
unit is part of a multifamily dwelling exempt from the Act's accessibility requirements.
For dwellings subject to the statute's accessibility requirements, the tenant's
costs would be limited to those modifications that were not covered by the Act's
design and construction requirements. (For example, the tenant would pay for the
cost of purchasing and installing grab bars.) For dwellings not subject to the
accessibility requirements, the tenant would pay the cost of all modifications
necessary to meet his or her needs. (Using the grab bar example, the tenant would
pay both the cost of buying and installing the grab bars and the costs associated
with adding bathroom wall reinforcement.)
Section 100.203 of the Fair Housing regulations provides that discrimination includes
a refusal to permit, at the expense of a handicapped person, reasonable modifications
of existing premises occupied or to be occupied by that person, if modifications
are necessary to afford the person full enjoyment of the premises. In the case
of a rental, the landlord may reasonably condition permission for a modification
on the renter's agreeing to restore the interior of the unit to the condition
that existed before its modification -- reasonable wear and tear excepted. This
regulatory section provides examples of reasonable modifications that a tenant
may make to existing premises. The examples include bathroom wall reinforcement.
In House Report No. 711, the Congress provided additional examples of reasonable
modifications that could be made to existing premises by persons with disabilities:
"For
example, persons who have a hearing disability could install a flashing light
in order to `see' that someone is ringing the doorbell. Elderly individuals with
severe arthritis may need to replace the doorknobs with lever handles. A person
in a wheelchair may need to install fold-back hinges in order to be able to go
through a door or may need to build a ramp to enter the unit. Any modifications
protected under this section [Section 804(f)(3)(A)] must be reasonable and must
be made at the expense of the individual with handicaps." (House Report at 25) Reasonable
Modification. Comment.
One commenter requested clarification concerning what is meant by "reasonable
modification". Response. What constitutes "reasonable modification"
is discussed to some extent in the preceding section, "Costs of Adaptation", and
also was discussed extensively in the preambles to both the proposed and final
Fair Housing rules. (See 53 FR 45002-45003, 54 FR 3247-3248; 24 CFR Ch. I, Subch.
A, App. I at 580-583 (1990).) Additionally, examples of reasonable modifications
are provided in 24 CFR 100.203(c). Scope
of Coverage Comment.
A number of comments were received on the issue of which types of dwelling units
should be subject to the Act's accessibility requirements, and the number or percentage
of dwelling units that must comply with the Act's requirements. Response.
The Department lacks the authority to adopt any of the proposals recommended by
the commenters. The type of multifamily dwelling subject to the Fair Housing Act's
accessibility requirements, and the number of individual dwelling units that must
be made accessible were established by the Congress, not the Department. The Fair
Housing Act defines "covered multifamily dwelling" to mean buildings consisting
of four or more units if such buildings have one or more elevators; and ground
floor units in other buildings consisting of four or more units." (See Section
804(f)(7) of the Act.) The Fair Housing Act requires that covered multifamily
dwellings for first occupancy after March 13, 1991 be designed and constructed
in accordance with the Act's accessibility requirements. The Act does not permit
only a percentage of units in covered multifamily dwellings to be designed in
accordance with the Act's requirements, nor does the Department have the authority
so to provide by regulation.
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Other Matters
Codification
of Guidelines. In order to assure the availability of the Guidelines,
and the preamble to the Guidelines, to interested persons in the future, the Department
has decided to codify both documents. The Guidelines will be codified in the 1991
edition of the Code of Federal Regulations as Appendix II to the Fair Housing
regulations (i.e., 24 CFR Ch. I, Subch. A, App. II), and the preamble to the Guidelines
will be codified as Appendix III (i.e., 24 CFR Ch. I, Subch. A, App. III).
Regulatory Impact Analysis. A Preliminary Impact Analysis was
published in the Federal Register on September 7, 1990 (55 FR 37072-37129). A
Final Regulatory Impact Analysis is available for public inspection during regular
business hours in the Office of the Rules Docket Clerk, Room 10276, Department
of Housing and Urban Development, 451 Seventh Street, S.W., Washington, DC 20410-0500.
Environmental Impact. A Finding of No Significant Impact with
respect to the environment has been made in accordance with HUD regulations at
24 CFR Part 50, which implement section 102(2)(C) of the National Environmental
Policy Act of 1969. The Finding of No Significant Impact is available for public
inspection during regular business hours in the Office of the Rules Docket Clerk,
Office of the General Counsel, Department of Housing and Urban Development, Room
10276, 451 Seventh Street, S.W., Washington, D.C. 20410-0500.
Executive Order 12606, The Family. The General Counsel, as the
Designated Official under Executive Order No. 12606, The Family, has determined
that this notice will likely have a significant beneficial impact on family formation,
maintenance or well-being. Housing designed in accordance with the Guidelines
will offer more housing choices for families with members who have disabilities.
Housing designed in accordance with the Guidelines also may be beneficial to families
that do not have members with disabilities. For example, accessible building entrances,
as required by the Act and implemented by the Guidelines, may benefit parents
with children in strollers, and also allow residents and visitors the convenience
of using luggage or shopping carts easily. Additionally, with the aging of the
population, and the increase in incidence of disability that accompanies aging,
significant numbers of people will be able to remain in units designed in accordance
with the Guidelines as the aging process advances. Compliance with these Guidelines
may also increase the costs of developing a multifamily building, and, thus, may
increase the cost of renting or purchasing homes. Such costs could negatively
affect families' ability to obtain housing. However, the Department believes that
the benefits provided to families by housing that is in compliance with the Fair
Housing Amendments Act outweigh the possible increased costs of housing.
Executive Order 12611, Federalism. The General Counsel, as the
Designated Official under section 6(a) of Executive Order No. 12611, Federalism,
has determined that this notice does not involve the preemption of State law by
Federal statute or regulation and does not have federalism implications. The Guidelines
only are recommended design specifications, not legal requirements. Accordingly,
the Guidelines do not preempt State or local laws that address the same issues
covered by the Guidelines.
Accordingly, the Department adopts the guidelines that follow as the Fair
Housing Accessibility Guidelines
Dated
Gordon H. Mansfield, Assistant Secretary for Fair Housing and Equal Opportunity
Fair Housing Accessibility Guidelines--Design Guidelines for Accessible/Adaptable
Dwellings
Section 1. Introduction
Authority Purpose Scope Organization of Guidelines Section
2. Definitions Section 3. Fair Housing Act Design and Construction Requirements
Section 4. Application of the Guidelines Section 5. Guidelines
Requirement
1. Accessible building entrance on an accessible route. Requirement 2. Accessible
and usable public and common use areas. Requirement 3. Usable Doors. Requirement
4. Accessible route into and through the covered unit. Requirement 5. Light
switches, electrical outlets, thermostats and other environmental controls in
accessible locations. Requirement 6. Reinforced walls for grab bars. Requirement
7. Usable kitchens and bathrooms.
Section 1. Introduction
Authority
Section 804(f)(5)(C) of the Fair Housing Amendments Act of 1988 directs the Secretary
of the Department of Housing and Urban Development to provide technical assistance
to States, local governments, and other persons in implementing the accessibility
requirements of the Fair Housing Act. These guidelines are issued under this statutory
authority. Purpose
The purpose of these guidelines is to provide technical guidance on designing
dwelling units as required by the Fair Housing Amendments Act of 1988 (Fair Housing
Act). These guidelines are not mandatory, nor do they prescribe specific requirements
which must be met, and which, if not met, would constitute unlawful discrimination
under the Fair Housing Act. 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. These guidelines are intended to provide
a safe harbor for compliance with the accessibility requirements of the Fair Housing
Act. Scope
These guidelines apply only to the design and construction requirements of 24
CFR 100.205. Compliance with these guidelines do not relieve persons participating
in a Federal or Federally-assisted program or activity from other requirements,
such as those required by section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
794) and the Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157). Accessible
design requirements for Section 504 are found at 24 CFR Part 8. Accessible design
requirements for the Architectural Barriers Act are found at 24 CFR Part 40.
Organization
of Guidelines The design guidelines are incorporated in Section 5
of this document. Each guideline cites the appropriate paragraph of HUD's regulation
at 24 CFR 100.205; quotes from the regulation to identify the required design
features, and states recommended specifications for each design feature.
Generally, these
guidelines rely on the American National Standards Institute (ANSI) A117.1-1986,
American National Standard for Buildings and Facilities--Providing Accessibility
and Usability for Physically Handicapped People (ANSI Standard). Where the guidelines
rely on sections of the ANSI Standard, the ANSI sections are cited. Only those
sections of the ANSI Standard cited in the guidelines are recommended for compliance
with 24 CFR 100.205. For those guidelines that differ from the ANSI Standard,
recommended specifications are provided. The texts of cited ANSI sections are
not reproduced in the guidelines. The complete text of the 1986 version of the
ANSI A117.1 Standard may be purchased from the American National Standards Institute,
1430 Broadway, New York, NY 10018.
Section 2. Definitions As used in these guidelines:
"Accessible", when
used with respect to the public and common use areas of a building containing
covered multifamily dwellings, means that the public or common use areas of the
building can be approached, entered, and used by individuals with physical handicaps.
The phrase "readily accessible to and usable by" is synonymous with accessible.
A public or common use area that complies with the appropriate requirements of
ANSI A117.1-1986, a comparable standard or these guidelines is "accessible" within
the meaning of this paragraph. "Accessible
route" means a continuous unobstructed path connecting accessible elements and
spaces in a building or within a site that can be negotiated by a person with
a severe disability using a wheelchair, and that is also safe for and usable by
people with other disabilities. Interior accessible routes may include corridors,
floors, ramps, elevators and lifts. Exterior accessible routes may include parking
access aisles, curb ramps, walks, ramps and lifts. A route that complies with
the appropriate requirements of ANSI A117.1-1986, a comparable standard, or Section
5, Requirement 1 of these guidelines is an "accessible route". In the circumstances
described in Section 5, Requirements 1 and 2, "accessible route" may include access
via a vehicular route. "Adaptable
dwelling units", when used with respect to covered multifamily dwellings, means
dwelling units that include the features of adaptable design specified in 24 CFR
100.205(c)(2)-(3). "ANSI
A117.1-1986" means the 1986 edition of the American National Standard for buildings
and facilities providing accessibility and usability for physically handicapped
people. "Assistive
device" means an aid, tool, or instrument used by a person with disabilities to
assist in activities of daily living. Examples of assistive devices include tongs,
knob-turners, and oven-rack pusher/pullers. "Bathroom"
means a bathroom which includes a water closet (toilet), lavatory (sink), and
bathtub or shower. It does not include single-fixture facilities or those with
only a water closet and lavatory. It does include a compartmented bathroom. A
compartmented bathroom is one in which the fixtures are distributed among interconnected
rooms. A compartmented bathroom is considered a single unit and is subject to
the Act's requirements for bathrooms. "Building"
means a structure, facility or portion thereof that contains or serves one or
more dwelling units. "Building
entrance on an accessible route" means an accessible entrance to a building that
is connected by an accessible route to public transportation stops, to parking
or passenger loading zones, or to public streets or sidewalks, if available. A
building entrance that complies with ANSI A117.1-1986 (see Section 5, Requirement
1 of these guidelines) or a comparable standard complies with the requirements
of this paragraph. "Clear"
means unobstructed. "Common
use areas" means rooms, spaces or elements inside or outside of a building that
are made available for the use of residents of a building or the guests thereof.
These areas include hallways, lounges, lobbies, laundry rooms, refuse rooms, mail
rooms, recreational areas and passageways among and between buildings. See Section
5, Requirement 2 of these guidelines. "Controlled
substance" means any drug or other substance, or immediate precursor included
in the definition in Section 102 of the Controlled Substances Act (21 U.S.C. 802).
"Covered multifamily
dwellings" or "covered multifamily dwellings subject to the Fair Housing Amendments"
means 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. Dwelling units within a single structure separated
by firewalls do not constitute separate buildings. "Dwelling
unit" means a single unit of residence for a household of one or more persons.
Examples of dwelling units covered by these guidelines include: condominiums;
an apartment unit within an apartment building; and other types of dwellings in
which sleeping accommodations are provided but toileting or cooking facilities
are shared by occupants of more than one room or portion of the dwelling. Examples
of the latter include dormitory rooms and sleeping accommodations in shelters
intended for occupancy as a residence for homeless persons. "Entrance"
means any exterior access point to a building or portion of a building used by
residents for the purpose of entering. For purposes of these guidelines, an "entrance"
does not include a door to a loading dock or a door used primarily as a service
entrance, even if nonhandicapped residents occasionally use that door to enter.
"Finished
grade" means the ground surface of the site after all construction, levelling,
grading, and development has been completed. "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. Where the first floor containing
dwelling units in a building 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. "Handicap"
means, with respect to a person, a physical or mental impairment which substantially
limits one or more major life activities; a record of such an impairment; or being
regarded as having such an impairment. This term does not include current, illegal
use of or addiction to a controlled substance. For purposes of these guidelines,
an individual shall not be considered to have a handicap solely because that individual
is a transvestite. As used in this definition:
- "Physical or
mental impairment" includes:
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Any physiological disorder or condition, cosmetic disfigurement, or anatomical
loss affecting one or more of the following body systems: Neurological; musculoskeletal;
special sense organs; respiratory, including speech organs; cardiovascular; reproductive;
digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or
- Any mental
or psychological disorder, such as mental retardation, organic brain syndrome,
emotional or mental illness, and specific learning disabilities. The term "physical
or mental impairment" includes, but is not limited to, such diseases and conditions
as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism,
epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes,
Human Immunodeficiency Virus infection, mental retardation, emotional illness,
drug addiction (other than addiction caused by current, illegal use of a controlled
substance) and alcoholism. These guidelines are designed to make units accessible
or adaptable for people with physical handicaps.
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"Major life activities" means functions such as caring for one's self, performing
manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
- "Has
a record of such an impairment" means has a history of, or has been misclassified
as having, a mental or physical impairment that substantially limits one or more
major life activities.
-
"Is regarded as having an impairment" means:
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Has a physical or mental impairment that does not substantially limit one or more
major life activities but that is treated by another person as constituting such
a limitation;
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Has a physical or mental impairment that substantially limits one or more major
life activities only as a result of the attitudes of others toward such impairment;
or
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Has none of the impairments defined in paragraph (a) of this definition but is
treated by another person as having such an impairment.
"Loft"
means an intermediate level between the floor and ceiling of any story, located
within a room or rooms of a dwelling. "Multistory
dwelling unit" means a dwelling unit with finished living space located on one
floor and the floor or floors immediately above or below it. "Public
use areas" means interior or exterior rooms or spaces of a building that are made
available to the general public. Public use may be provided at a building that
is privately or publicly owned. "Single-story
dwelling unit" means a dwelling unit with all finished living space located on
one floor. "Site"
means a parcel of land bounded by a property line or a designated portion of a
public right of way. "Slope"
means the relative steepness of the land between two points and is calculated
as follows: The distance and elevation between the two points (e.g., an entrance
and a passenger loading zone) are determined from a topographical map. The difference
in elevation is divided by the distance and that fraction is multiplied by 100
to obtain a percentage slope figure. For example, if a principal entrance is ten
feet from a passenger loading zone, and the principal entrance is raised one foot
higher than the passenger loading zone, then the slope is 1/10 x 100 = 10%.
"Story" means
that portion of a dwelling unit between the upper surface of any floor and the
upper surface of the floor next above, or the roof of the unit. Within the context
of dwelling units, the terms "story" and "floor" are synonymous. "Undisturbed
site" means the site before any construction, levelling, grading, or development
associated with the current project. "Vehicular
or pedestrian arrival points" means public or resident parking areas, public transportation
stops, passenger loading zones, and public streets or sidewalks. "Vehicular
route" means a route intended for vehicular traffic, such as a street, driveway
or parking lot.
Section 3. Fair Housing Act Design and Construction
Requirements The regulations issued by the Department at 24 CFR 100.205
state:
(a)
Covered multifamily dwellings for first occupancy after March 13, 1991 shall be
designed and constructed to have at least one building entrance on an accessible
route unless it is impractical to do so because of the terrain or unusual characteristics
of the site. {{10-30-92 p.9646}}For purposes of this section, a covered multifamily
dwelling shall be deemed to be designed and constructed for first occupancy on
or before March 13, 1991, if the dwelling is occupied by that date, or if the
last building permit or renewal thereof for the dwelling is issued by a state,
county or local government on or before June 15, 1990. The burden of establishing
impracticality because of terrain or unusual site characteristics is on the person
or persons who designed or constructed the housing facility.
(b) The application of paragraph (a) of this section may be illustrated by the
following examples: Example (1): A real estate developer plans to construct six
covered multifamily dwelling units on a site with a hilly terrain. Because of
the terrain, it will be necessary to climb a long and steep stairway in order
to enter the dwellings. Since there is no practical way to provide an accessible
route to any of the dwellings, one need not be provided. Example (2): A real estate
developer plans to construct a building consisting of 10 units of multifamily
housing on a waterfront site that floods frequently. Because of this unusual characteristic
of the site, the builder plans to construct the building on stilts. It is customary
for housing in the geographic area where the site is located to be built on stilts.
The housing may lawfully be constructed on the proposed site on stilts even though
this means that there will be no practical way to provide an accessible route
to the building entrance. Example (3): A real estate developer plans to construct
a multifamily housing facility on a particular site. The developer would like
the facility to be built on the site to contain as many units as possible. Because
of the configuration and terrain of the site, it is possible to construct a building
with 105 units on the site provided the site does not have an accessible route
leading to the building entrance. It is also possible to construct a building
on the site with an accessible route leading to the building entrance. However,
such a building would have no more than 100 dwelling units. The building to be
constructed on the site must have a building entrance on an accessible route because
it is not impractical to provide such an entrance because of the terrain or unusual
characteristics of the site. (c)
All covered multifamily dwellings for first occupancy after March 13, 1991 with
a building entrance on an accessible route shall be designed and constructed in
such a manner that-- (1) The public and common use areas are readily accessible
to and usable by handicapped persons; (2) All the doors designed to allow passage
into and within all premises are sufficiently wide to allow passage by handicapped
persons in wheelchairs; and (3) All premises within covered multifamily dwelling
units contain the following features of adaptable design: (i) An accessible route
into and through the covered dwelling unit; (ii) Light switches, electrical outlets,
thermostats, and other environmental controls in accessible locations; (iii) Reinforcements
in bathroom walls to allow later installation of grab bars around the toilet,
tub, shower, stall and shower seat, where such facilities are provided; and (iv)
Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver
about the space. (d)
The application of paragraph (c) of this section may be illustrated by the following
examples: Example (1): A developer plans to construct a 100 unit condominium apartment
building with one elevator. In accordance with paragraph (a), the building has
at least one accessible route leading to an accessible entrance. All 100 units
are covered multifamily dwelling units and they all must be designed and constructed
so that they comply with the accessibility requirements of paragraph (c) of this
section. Example (2): A developer plans to construct 30 garden apartments in a
three story building. The building will not have an elevator. The building will
have one accessible entrance which will be on the first floor. Since the building
does not have an elevator, only the ground floor units are covered multifamily
units. The ground floor is the first floor because that is the floor that has
an {{6-30-00 p.9647}}accessible entrance. All of the dwelling units on the first
floor must meet the accessibility requirements of paragraph (c) of this section
and must have access to at least one of each type of public or common use area
available for residents in the building.
(e) Compliance with the appropriate requirements of ANSI A117.1--1986 suffices
to satisfy the requirements of paragraph (c)(3) of this section.
(f) Compliance with a duly enacted law of a state or unit of general local government
that includes the requirements of paragraphs (a) and (c) of this section satisfies
the requirements of paragraphs (a) and (c) of this section.
(g)(1) It is the policy of HUD to encourage states and units of general local
government to include, in their existing procedures for the review and approval
of newly constructed covered multifamily dwellings, determinations as to whether
the design and construction of such dwellings are consistent with paragraphs (a)
and (c) of this section. (2) A state or unit of general local government may review
and approve newly constructed multifamily dwellings for the purpose of making
determinations as to whether the requirements of paragraphs (a) and (c) of this
section are met. (h)
Determinations of compliance or noncompliance by a state or a unit of general
local government under paragraph (f) or (g) of this section are not conclusive
in enforcement proceedings under the Fair Housing Amendments Act.
(i) This subpart does not invalidate or limit any law of a state or political
subdivision of a state that requires dwellings to be designed and constructed
in a manner that affords handicapped persons greater access than is required by
this subpart. [Codified
to 24 C.F.R. § 100.205]
[Section 100.205 amended at 56 Fed. Reg. 11665, March 20, 1991, effective April
19, 1991]
Section 4. Application of the Guidelines
The design specifications (guidelines) presented in Section 5 apply to new construction
of "covered multifamily dwellings", as defined in Section 2. These guidelines
are recommended for designing dwellings that comply with the requirements of the
Fair Housing Amendments Act of 1988.
Section 5. Guidelines Requirement
1. Accessible building entrance on an accessible route. Under section
100.205(a), covered multifamily dwellings shall be designed and constructed to
have at least one building entrance on an accessible route, unless it is impractical
to do so because of terrain or unusual characteristics of the site.
Guideline
-
Building entrance. Each building on a site shall have at least one building
entrance on an accessible route unless prohibited by the terrain, as provided
in paragraphs (2)(a)(i) or (2)(a)(ii), or unusual characteristics of the site,
as provided in paragraph (2)(b). This guideline applies both to a single building
on a site and to multiple buildings on a site.
- Separate
ground floor unit entrances. When a ground floor unit of a building has
a separate entrance, each such ground floor unit shall be served by an accessible
route, except for any unit where the terrain or unusual characteristics of the
site prohibit the provision of an accessible route to the entrance of that unit.
-
Multiple entrances. Only one entrance is required to be accessible to
any one ground floor of a building, except in cases where an individual dwelling
unit has a separate exterior entrance, or where the building contains clusters
of dwelling units, with each cluster sharing a different exterior entrance. In
these cases, more than one entrance may be required to be accessible, as determined
by analysis of the site. In every case, the accessible entrance should be on an
accessible route to the covered dwelling units it serves.
- Site
impracticality. Covered multifamily dwellings with elevators shall be
designed and constructed to provide at least one accessible entrance on an accessible
route, regardless of terrain or unusual characteristics of the site. Covered multifamily
dwellings without elevators shall be designed and constructed to provide at least
one accessible entrance on an accessible route unless terrain or unusual characteristics
of the site are such that the following conditions are found to exist:
-
Site impracticality due to terrain. There are two alternative tests for
determining site impracticality due to terrain: the individual building test provided
in paragraph (i), or the site analysis test provided in paragraph (ii). These
tests may be used as follows.
A site with a single building having a common entrance for all units may be analyzed
only as described in paragraph (i).
All other sites, including a site with a single building having multiple entrances
serving either individual dwelling units or clusters of dwelling units, may be
analyzed using the methodology in either paragraph (i) or paragraph (ii). For
these sites for which either test is applicable, regardless of which test is selected,
at least 20% of the total ground floor units in nonelevator buildings, on any
site, must comply with the guidelines. -
Individual building test. It is impractical to provide an accessible
entrance served by an accessible route when the terrain of the site is such that:
-
the slopes of the undisturbed site measured between the planned entrance and all
vehicular or pedestrian arrival points within 50 feet of the planned entrance
exceed 10 percent; and
-
the slopes of the planned finished grade measured between the entrance and all
vehicular or pedestrian arrival points within 50 feet of the planned entrance
also exceed 10 percent.
If
there are no vehicular or pedestrian arrival points within 50 feet of the planned
entrance, the slope for the purposes of this paragraph (i) will be measured to
the closest vehicular or pedestrian arrival point.
For purposes of these guidelines, vehicular or pedestrian arrival points include
public or resident parking areas; public transportation stops; passenger loading
zones; and public streets or sidewalks. To determine site impracticality, the
slope would be measured at ground level from the point of the planned entrance
on a straight line to (i) each vehicular or pedestrian arrival point that is within
50 feet of the planned entrance, or (ii) if there are no vehicular or pedestrian
arrival points within that specified area, the vehicular or pedestrian arrival
point closest to the planned entrance. In the case of sidewalks, the closest point
to the entrance will be where a public sidewalk entering the site intersects with
the sidewalk to the entrance. In the case of resident parking areas, the closest
point to the planned entrance will be measured from the entry point to the parking
area that is located closest to the planned entrance. -
Site analysis test. Alternatively, for a site having multiple buildings,
or a site with a single building with multiple entrances, impracticality of providing
an accessible entrance served by an accessible route can be established by the
following steps:
-
The percentage of the total buildable area of the undisturbed site with a natural
grade less than 10% slope shall be calculated. The analysis of the existing slope
(before grading) shall be done on a topographic survey with two foot (2') contour
intervals with slope determination made between each successive interval. The
accuracy of the slope analysis shall be certified by a professional licensed engineer,
landscape architect, architect or surveyor.
-
To determine the practicality of providing accessibility to planned multifamily
dwellings based on the topography of the existing natural terrain, the minimum
percentage of ground floor units to be made accessible should equal the percentage
of the total buildable area (not including floodplains, wetlands, or other restricted
use areas) of the undisturbed site that has an existing natural grade of less
than 10% slope.
-
In addition to the percentage established in paragraph (B), all ground floor units
in a building, or ground floor units served by a particular entrance, shall be
made accessible if the entrance to the units is on an accessible route, defined
as a walkway with a slope between the planned entrance and a pedestrian or vehicular
arrival point that is no greater than 8.33%
-
Site impracticality due to unusual characteristics. Unusual characteristics
include sites located in a federally-designated floodplain or coastal high-hazard
area and sites subject to other similar requirements of law or code that the lowest
floor or the lowest structural member of the lowest floor must be raised to a
specified level at or above the base flood elevation. An accessible route to a
building entrance is impractical due to unusual characteristics of the site when:
-
the unusual site characteristics result in a difference in finished grade elevation
exceeding 30 inches and 10 percent measured between an entrance and all vehicular
or pedestrian arrival points within 50 feet of the planned entrance; or
- if there
are no vehicular or pedestrian arrival points within 50 feet of the planned entrance,
the unusual characteristics result in a difference in finished grade elevation
exceeding 30 inches and 10 percent measured between an entrance and the closest
vehicular or pedestrian arrival point.
-
Exceptions to site impracticality . Regardless of site considerations
described in paragraphs (1) and (2), an accessible entrance on an accessible route
is practical when:
-
There is an elevator connecting the parking area with the dwelling units on a
ground floor. (In this case, those dwelling units on the ground floor served by
an elevator, and at least one of each type of public and common use areas, would
be subject to these guidelines.) However:
-
Where a building elevator is provided only as a means of creating an accessible
route to dwelling units on a ground floor, the building is not considered an elevator
building for purposes of these guidelines; hence, only the ground floor dwelling
units would be covered.
-
If the building elevator is provided as a means of access to dwelling units other
than dwelling units on a ground floor, then the building is an elevator building
which is a covered multifamily dwelling, and the elevator in that building must
provide accessibility to all dwelling units in the building, regardless of the
slope of the natural terrain; or
-
An elevated walkway is planned between a building entrance and a vehicular or
pedestrian arrival point and the planned walkway has a slope no greater than 10
percent.
-
Accessible entrance. An entrance that complies with ANSI 4.14 meets section
100.205(a).
-
Accessible route. An accessible route that complies with ANSI 4.3 would
meet section 100.205(a). If the slope of the finished grade between covered multifamily
dwellings and a public or common use facility (including parking) exceeds 8.33%,
or where other physical barriers (natural or manmade) or legal restrictions, all
of which are outside the control of the owner, prevent the installation of an
accessible pedestrian route, an acceptable alternative is to provide access via
a vehicular route, so long as necessary site provisions such as parking spaces
and curb ramps are provided at the public or common use facility.
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