Copyright Materials Learning Objectives

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Advanced Fair Housing Act OR The Seven Deadly Sins of the Act 02/28/10 Copyright by Larry M Schneider AIA – 2010 1 Advanced Fair Housing Act OR The Seven Deadly Sins of the FHA Presentation for: AIA Florida By Larry M. Schneider AIA AIA Florida is a Registered Provider with The American Institute of Architects Continuing Education Systems. Credit earned on completion of this program will be reported to CES Records for AIA members. Certificates of Completion for non-AIA members are available on request. This program is registered with the AIA/CES for continuing professional education. As such, it does not include content that may be deemed or construed to be an approval or that may be deemed or construed to be an approval or endorsement by the AIA of any material of construction or any method or manner of handling, using, distributing, or dealing in any material or product. Questions related to specific materials, methods, and services will be addressed at the conclusion of this presentation. Copyright Materials This presentation is protected by US and International Copyright laws. Reproduction, distribution, display and use of the presentation without written permission of the speaker is without written permission of the speaker is prohibited. © Larry M. Schneider, AIA Learning Objectives Upon completion of the course, contractors, design professionals and building code personnel will have a better understanding of these specific accessibility requirements and will be able to apply this knowledge to their current projects and/or review of the drawings and/or construction of the work. Oh, You Must Be An Architect . . .

Transcript of Copyright Materials Learning Objectives

Page 1: Copyright Materials Learning Objectives

Advanced Fair Housing Act ORThe Seven Deadly Sins of the Act

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Copyright byLarry M Schneider AIA – 2010 1

Advanced Fair Housing Act OR The Seven Deadly Sins of the FHA

Presentation for: AIA Florida

By Larry M. Schneider AIA

AIA Florida is a Registered Provider with The American Institute of Architects Continuing Education Systems. Credit earned on completion of this program will be reported to CES Records for AIA members. Certificates of Completion for non-AIA members are available on request.

This program is registered with the AIA/CES for continuing professional education. As such, it does not include content that may be deemed or construed to be an approval orthat may be deemed or construed to be an approval or endorsement by the AIA of any material of construction or any method or manner of handling, using, distributing, or dealing in any material or product. Questions related to specific materials, methods, and services will be addressed at the conclusion of this presentation.

Copyright Materials

This presentation is protected by US and International Copyright laws. Reproduction,

distribution, display and use of the presentation without written permission of the speaker iswithout written permission of the speaker is

prohibited.

© Larry M. Schneider, AIA

Learning Objectives

Upon completion of the course, contractors, design professionals and building code personnel will have a better understanding of these specific accessibility requirements and will be able to apply this knowledge to their current projects and/or review of the drawings and/or construction of the work.

Oh, You Must Be An Architect . . .

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We Do Not Want This To Be You When Working On Accessibility ComplianceCompliance Issues

This Will Not Absolve You of Accessibility Compliance

Access Board Update

• The Access Board has developed new guidelines covering access to facilities covered by the Americans with Disabilities Act (ADA). These guidelines overhaul the existing ADA Accessibility Guidelines (ADAAG), which were first published in 1991. As part of this effort, the Board is also p ,revising its guidelines for federally funded facilities required to be accessible under the Architectural Barriers Act (ABA). Both the ADA guidelines and the ABA guidelines specify access in new construction and alterations and provide detailed provisions for various building elements, including ramps, elevators, restrooms, parking, and signage, among others.

Access Board Update

• In February 2004, the Board completed its work on these guidelines and submitted them to the Office of Management and Budget (OMB), the l i h f F d lclearinghouse for Federal

regulations. The Board has published the new guidelines as approved by OMB in the Federal Register and they are posted on its website. Publication was July 23, 2004.

2004 Access Board Guidelines

• Supplements to ADAAGThe Board previously developed supplements to the original ADA guidelines that are specific to different types of facilities and elements:

• state and local government facilities, including courthouses and prisons (1998)

• building elements designed for children’s use(1998)

• play areas (2000) • recreation facilities (2002) • These supplements are included in the new

guidelines. They have been revised for consistency with the format and approach of the new document, but their substance remains unchanged.

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2004 Access Board Guidelines

• Chapter 10: Recreation Facilities and Play AreasTechnical provisions for various types of recreation facilities, including play areas the Board developed previously as supplements to the original ADA guidelines are located in Chapter 10. They have been integrated into the new guidelines withoutbeen integrated into the new guidelines without substantive change. Requirements are provided for amusement rides (1002), recreational boating facilities (1003), exercise machines (1004), fishing piers and platforms (1005), golf facilities(1006), miniature golf facilities (1007), play areas(1008), swimming pools, wading pools, and spas(1009), and shooting facilities with firing positions (1010).

AccessBoardUpdate

Accessibility Technical Assistance for the ADA and the Fair Housing Act

• US Architectural & Transportation Barriers Compliance Board (ACCESS BOARD)– Technical assistance re: the technical criteria of

h ADAAGthe ADAAG

– Phone: 800-USA-ABLE

– Phone: 202-272-5434

– Fax: 202-272-5447

– World Wide Web Home Page

– www.access-board.gov

Accessibility Technical Assistance for the ADA and the Fair Housing Act

• US Department of Justice– Technical assistance regarding

applicability of the ADA Title III and interpretations of legal questions regarding enforcementenforcement• 800-514-0301

– World Wide Web Home Page • www.ada.gov

Current DOJRequirements

Accessibility Technical Assistance for the ADA and the Fair Housing Act

• Internal Revenue Service– Provides information about tax code provisions

including tax credits (section 44) and deductions (section 190) that can assist businesses in complying with the ADAcomplying with the ADA

– Tax code information 800-829-1040 (voice) or 800-829-4059 (tty)

– World Wide Web Home Page www.irs.gov

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Internal Revenue Service

Accessibility Technical Assistance for the ADA and the Fair Housing Act

• Fair Housing Information Clearinghouse/HUD Web Site– Provides Information Regarding the Fair Housing

Act and Private Accessible Housing

– Order Design Manual 800-7677468

– World Wide Web Home Pagewww.fairhousingfirst.org

The Fair Housing Act Design Manual 19981998

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Accessibility Technical Assistance for the Florida Accessibility Code

• Florida Department of Community Affairs - Codes and Standards Section– Responding to questions on the Florida

Accessibility Code for Building Construction (Chapter 11 FBC 2004 Edition)(Chapter 11 – FBC 2004 Edition)

– Phone: 850-487-1824

– World Wide Web Home Pagewww.floridabuilding.org

• BOAF Web Page– www.boaf.net

Current Florida Accessibility Code Requirements

The 2007 Edition Becomes Effective03/01/09

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Accessibility Technical Assistance for the ADA and the FACBC – 2007 Law

• 553.775(5) Interpretations - Notwithstanding the other provisions of this section, the Florida Accessibility Code for Building Construction and chapter 11 of the Florida Building Code may not be interpreted by, and are not subject y p y, jto review under, any of the procedures specified in this section. This subsection has no effect upon the commission's authority to waive the Florida Accessibility Code for Building Construction as provided by s. 553.512 [which is Modifications and waivers; advisory council].

Accessibility Technical Assistance for the ADA and the FACBC – 2008 Legislative Session -Approved

• 553.775(5) Interpretations - The commission may render declaratory statements in accordance with s. 120.565 relating to the provisions of the Florida Accessibility Code for Building Construction not attributable to the Americans with Disabilities Act Accessibility Guidelines Notwithstanding the otherAccessibility Guidelines. Notwithstanding the other provisions of this section, the Florida Accessibility Code for Building Construction and chapter 11 of the Florida Building Code may not be interpreted by, and are not subject to review under, any of the procedures specified in this section. This subsection has no effect upon the commission's authority to waive the Florida Accessibility Code for Building Construction as provided

New FFPC Effective Date 12/31/08

Accessibility Technical Assistance for the ADA and the Fair Housing Act

• Larry M. Schneider, AIA

Architect

Accessibility Consultant– Offers General Accessibility Consultation for theOffers General Accessibility Consultation for the

ADA and the Fair Housing Act

– Phone 786-3361984

– Fax 786-3361985

– E-Mail [email protected]

Survey Tools of the Trade

The Recommended “Tools of the Trade” for Accessibility Site Reviews

• Any tape measure (recommend a minimum of 25 feet).• The leveling device is a Macklanburg-Duncan model

number 92379 24" SmartTool with Module by Macklanburg Duncan. The current price is $109.99 and it can be found at www.amazon.com The slope meter comes in a 6 inch, 2 foot, and 4 foot size. At a minimum we would recommend the 2-foot unit. Consider the 6-inch module also (for curb work).

• Door pressure gauge can be purchased from HMC, INT’L DIV., INC., Littleton, Colorado. Phone number is 303-7943703 and 1-800-8484912, ext 4452. You would be looking for model number DPG-PP 0-35 pound force range (estimated cost $30.00).

• Digital camera. Model and style your choice.

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FHA Law Suit

• Justice Department Announces Settlement on Disabled Access with Developers of Woodbridge, Virginia Apartment Complex

• WASHINGTON - The Justice Department today announced a settlement that, pending court approval, will resolve allegations that those involved in the design and construction of the Crossings at Summerland Apartments, a 126-unit complex in Woodbridge Va discriminated on the basis ofcomplex in Woodbridge, Va., discriminated on the basis of disability in the design and construction of the project.

• The complaint, filed today in the U.S. District Court for the Eastern District of Virginia in conjunction with a consent decree, alleges that the defendants violated the federal Fair Housing Act. Specifically, it cites a failure to design and construct the Crossings at Summerland Apartments so that the public use and common use portions of covered multi-family dwellings are readily accessible to and usable by individuals with disabilities and so that all of the ground floor units contain features of accessible design.

FHA Law Suit

• "Accessible housing is a basic necessity for people with disabilities," said Grace Chung Becker, Acting Assistant Attorney General for the Civil Rights Division. "These types of design and construction cases reflect the Justice Department’s commitment to enforcing fair housing laws on behalf of persons with disabilities."

• Under the settlement, the defendants will pay all costs relatedUnder the settlement, the defendants will pay all costs related to making the apartment complex accessible to persons with disabilities and establish a $30,000 fund to compensate individuals harmed by the inaccessible housing. The defendants will also pay a $20,000 civil penalty to vindicate the public interest and undergo training on the requirements of the Fair Housing Act.

• The defendants are: Summerland Heights III LP; Summerland Heights III GP LLC; Cederquist, Rodriguez, Ripley PC; Bowman Consulting Group Ltd.; and the Marlyn Development Corporation.

Federal officials filed a complaint against three Hillsborough apartment complexes, alleging problems with accessibility for the disabled.

An agreement filed in federal court Tuesday is aimed at getting those problems fixed

FHA Law Suit

getting those problems fixed.

The federal government filed the complaint against Compton Place at Tampa Palms, the Landings at Cypress Meadows and Sheldon Palms Apartments in April, alleging that the complexes did not include many of the requirements laid out in the Fair Housing Act and the Americans with Disabilities Act.

The complaint alleged the complexes did not have the required ramps, doors and parking spots, among other problems. The complexes will avoid further litigation from the federal government as long as they comply

ith ll th i t l id t i th 23

FHA Law Suit

with all the requirements laid out in the 23-page agreement and 22 pages of appendixes.

"This case sends a strong message to builders and designers that this office will act to protect the rights of disabled persons in our community," Paul Perez, U.S. attorney for Central Florida, said in a written statement.

The owners of the complexes did not admit any liability. Among other things, the agreement requires them to:Make all the required retrofits and upgrades to the common areas within two years and to the interiors of

FHA Law Suit

common areas within two years and to the interiors of the 416 individual units within five years.Build 420 single-family houses in the next 10 years that include the features of accessibility for persons with disabilities laid out in federal law.

Make sure all their agents and employees involved in the design, construction, rental or sale of covered multifamily dwellings attend a fair housing training session regarding the requirements of state and federal fair housing laws

FHA Law Suit

federal fair housing laws.

Have the architect provide 100 hours of architectural services per year for three years free of charge for the production of accessible housing in the Tampa area.

Pay a $5,000 fine and put $45,000 into an account to compensate aggrieved parties.

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U.S. Achieves Record $1 Million Settlement in Housing Discrimination Case Against Chicago Developer and Architect

Chicago – In what is believed to be the largest settlement nationwide in a case involving a single building, The John Buck Company and Harry Weese Associates, the Chicago-based developer and architect of the Park Evanston a 24 story luxuryarchitect of the Park Evanston, a 24 story luxury high-rise apartment building in Evanston, have agreed to pay more than $1 million to settle a Fair Housing Act lawsuit brought by the United States last December, announced Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois.

The civil complaint filed in this case alleged numerous violations of the accessibility requirements of the Fair Housing Act, such as doors too narrow for person in wheelchairs to use and thermostats too high to operate. As a result of the settlement, each of the 283 units and the common areas will be retrofitted to make them accessible to persons with disabilities, with Harry Weese Associates bearing more than $900,000 of the costs.

U.S. Achieves Record $1 Million Settlement in Housing Discrimination Case Against Chicago Developer and Architect

The defendants will also pay damages, a civil penalty to the United States, and attorneys’ fees to Access Living of Metropolitan Chicago, the organization that began the case by filing a complaint with the Department of Housing and Urban Development and is also a plaintiff in the action.

More specifically, in addition to retrofitting the building, the John Buck Company will pay damages of $50,000 into a fund for persons who were unable to rent at the Park Evanston or lived in inaccessible units though they required accessibility, a civil penalty of $13,600 to the United States, and $30,000 in attorney’s fees to Access Living.

Another defendant in the lawsuit, Gensler Architecture, Design and Planning Worldwide, P.C., as the successor corporation to the Weese firm, which has since dissolved, will pay an additional $10,000 in attorney’s fees to Access Living.

“A hi l d i b l

U.S. Achieves Record $1 Million Settlement in Housing Discrimination Case Against Chicago Developer and Architect

“As this settlement demonstrates, it can be extremely expensive to go back and make housing accessible after a building is completed, while the additional cost to design and build it right from the start is negligible,” said Mr. Fitzgerald. “We are heartened that this leading Chicago developer and renowned architectural firm have agreed without further litigation to bring the building into compliance with the accessibility requirements of the law.”

According to the consent decree, signed today by U.S. Magistrate Judge Martin C. Ashman, bedroom and bathroom doors, which in 80 percent of the units are too narrow for persons using wheelchairs, will be widened. Where necessary, bathrooms and kitchens will be changed to allow the necessary

i f b i h bili

U.S. Achieves Record $1 Million Settlement in Housing Discrimination Case Against Chicago Developer and Architect

maneuvering space for use by persons with mobility impairments. The defendants will also lower thermostats to make them reachable by persons who use wheelchairs and make grab bars available to current and future tenants. The John Buck Company will make the repairs over a period of five years, with a minimum of 20 percent of the units retrofitted each year.

FACBC and ADA Accessibility Requirements

• 11-2.2 or 2.2 Equivalent Facilitation

• Departures from particular technical and scoping requirements of this guideline by the use of other designs and technologies are permitted where the alternative designs and technologies used will provide substantially equivalent or greater access to and usability of the facility.

FHA Accessibility Requirements –ANSI A117.1 1998 and 2003 Editions

• 103 Compliance Alternatives - Nothing in this standard is intended to prevent the use of designs, products, or technologies as alternatives to those prescribed by this standard pro ided the res lt in eq i alent orstandard, provided they result in equivalent or greater accessibility and such equivalency is approved by the administrative authority adopting this standard.

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Equivalent Facilitation

Equivalent Facilitation

Equivalent Facilitation

Equivalent Facilitation

FACBC and ADA Accessibility Requirements

• 11-3 or 3 Miscellaneous Instructions And Definitions

• 11-3.2 or 3.2 Dimensional Tolerances - All dimensions are subject to conventionaldimensions are subject to conventional building industry tolerances for field conditions.

FHA Accessibility Requirements –ANSI A117.1 Edition - 1986

• 3.2 Dimensions - All dimensions are subject to conventional building industry tolerances for field conditions.

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Accessibility Requirements

Spelling as a Construction Tolerance?

Vertical Accessibility553.509 F.S.

• 553.509 Vertical accessibility - Nothing in sections 553.501-553.513 or the guidelines shall be construed to relieve the owner of any building, structure, or facility governed by those sections from the duty to provide verticalsections from the duty to provide vertical accessibility to all levels above and below the occupiable grade level, regardless of whether the guidelines require an elevator to be installed in such building, structure, or facility, except for:

Vertical Accessibility553.509 F.S.

– (1) Elevator pits, elevator penthouses, mechanical rooms, piping or equipment catwalks, and automobile lubrication and maintenance pits and platforms;

– (2) Unoccupiable spaces, such as rooms, enclosed spaces, and storage spaces that are not designed for h f bli d tihuman occupancy, for public accommodations, or for work areas; and

– (3) Occupiable spaces and rooms that are not open to the public and that house no more than five persons, including, but not limited to, equipment control rooms and projection booths. However, buildings, structures, and facilities must, as a minimum, comply with the requirements in the Americans with Disabilities Act Accessibility Guidelines.

Vertical Accessibility11 – 4.1.3(5) Exception Number 1 is Null and Void – X it Out . . .

• Exception 1: Elevators are not required in facilities that are less than three stories or that have less than 3,000 square feet per story unless the building is a shopping center, a shopping mall, or the professional office of a health care provider, or another type of facility as determined by the U.S. Attorney General. The elevator exemption set forth in this paragraph does not obviate or limit in any way the obligation to comply with the other accessibility requirements established in S ti 11 4 1 3 F l fl b b l thSection 11-4.1.3. For example, floors above or below the accessible ground floor must meet the requirements of this section except for elevator service. If toilet or bathing facilities are provided on a level not served by an elevator, then a toilet or bathing facility must be provided on the accessible ground floor. In new construction if a building or facility is eligible for this exemption but a full passenger elevator is nonetheless planned, that elevator shall meet the requirements of Section 11-4.10 and shall serve each level in the building. A full passenger elevator that provides service from a garage to only one level of a building or facility is not required to serve other levels.

Florida State Statutes 760 Fair Housing Act

• 760.20 Fair Housing Act; short title. • 760.21 State policy on fair housing. • 760.22 Definitions. • 760.23 Discrimination in the sale or rental of housing and other prohibited practices. • 760.24 Discrimination in the provision of brokerage services. • 760.25 Discrimination in the financing of housing or in residential real estate

transactions.

760 26 P hibit d di i i ti i l d d i i d i itti f• 760.26 Prohibited discrimination in land use decisions and in permitting of development.

• 760.29 Exemptions. • 760.30 Administration of ss. 760.20-760.37. • 760.31 Powers and duties of commission. • 760.32 Investigations; subpoenas; oaths. • 760.34 Enforcement. • 760.35 Civil actions and relief; administrative procedures. • 760.36 Conciliation agreements. • 760.37 Interference, coercion, or intimidation; enforcement by administrative or civil

action.

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Florida State Statutes 760 Fair Housing Act

• 760.20 Fair Housing Act; short title.--Sections 760.20-760.37 may be cited as the "Fair Housing Act." – History.--s. 1, ch. 83-221.

• 760 21 State policy on fair housing It is the• 760.21 State policy on fair housing.--It is the policy of this state to provide, within constitutional limitations, for fair housing throughout the state. – History.--s. 2, ch. 83-221.

Florida State Statutes 760 Fair Housing Act• 760.22 Definitions.--As used in ss. 760.20-

760.37, the term: • (1) "Commission" means the Florida Commission

on Human Relations. • (2) "Covered multifamily dwelling" means: ( ) y g

– (a) A building which consists of four or more units and has an elevator; or

– (b) The ground floor units of a building which consists of four or more units and does not have an elevator.

• (3) "Discriminatory housing practice" means an act that is unlawful under the terms of ss. 760.20-760.37.

Florida State Statutes 760 Fair Housing Act

• (4) "Dwelling" means any building or structure, or portion thereof, which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location on the land of any

h b ildi i h fsuch building or structure, or portion thereof.

• (5) "Familial status" is established when an individual who has not attained the age of 18 years is domiciled with: – (a) A parent or other person having legal custody of such

individual; or

– (b) A designee of a parent or other person having legal custody, with the written permission of such parent or other person.

• (6) "Family" includes a single individual.

Florida State Statutes 760 Fair Housing Act

• (7) "Handicap" means: – (a) A person has a physical or mental impairment which

substantially limits one or more major life activities, or he or she has a record of having, or is regarded as having, such physical or mental impairment; or

– (b) A person has a developmental disability as defined in s(b) A person has a developmental disability as defined in s. 393.063.

• (8) "Person" includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, and fiduciaries.

Florida State Statutes 760 Fair Housing Act

• (9) "Substantially equivalent" means an administrative subdivision of the State of Florida meeting the requirements of 24 C.F.R. part 115, s. 115.6.

• (10) "To rent" includes to lease, to sublease, to let, and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.

Florida State Statutes 760 Fair Housing Act

• (10) Covered multifamily dwellings as defined herein which are intended 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

l h i i f h i d i d bor unusual characteristics of the site as determined by commission rule. Such buildings shall also be designed and constructed in such a manner that: – (a) The public use and common use portions of such

dwellings are readily accessible to and usable by handicapped persons.

– (b) All doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by a person in a wheelchair.

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Florida State Statutes 760 Fair Housing Act

– (c) All premises within such dwellings contain the following features of adaptive design:

• 1. An accessible route into and through the dwelling.

• 2. Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations.

• 3 Reinforcements in bathroom walls to allow later• 3. Reinforcements in bathroom walls to allow later installation of grab bars.

• 4. Usable kitchens and bathrooms such that a person in a wheelchair can maneuver about the space.

– (d) Compliance with the appropriate requirements of the American National Standards Institute for buildings and facilities providing accessibility and usability for physically handicapped people, commonly cited as ANSI A117.1-1986, suffices to satisfy the requirements of paragraph (c).

Florida State Statutes 760 Fair Housing Act

• State agencies with building construction regulation responsibility or local governments, as appropriate, shall review the plans and specifications for the construction of covered multifamily dwellings to determine consistency with the requirements of this subsection.

HUD recognizes ten safe harbors for compliance with the Fair Housing Act's design and construction requirements

• HUD Fair Housing Accessibility Guidelinespublished on March 6, 1991 and the Supplemental Notice to Fair Housing Accessibility Guidelines: Questions and Answers about the Guidelines, published on June 28, 1994.HUD F i H i A t D i M l• HUD Fair Housing Act Design Manual

• ANSI A117.1 (1986), used with the Fair Housing Act, HUD's regulations, and the Guidelines.

• CABO/ANSI A117.1 (1992), used with the Fair Housing Act, HUD's regulations, and the Guidelines.

• ICC/ANSI A117.1 (1998), used with the Fair Housing Act, HUD's regulations, and the Guidelines.

HUD recognizes ten safe harbors for compliance with the Fair Housing Act's design and construction requirements

• Code Requirements for Housing Accessibility 2000 (CRHA).• International Building Code 2000 as amended by the 2001

Supplement to the International Codes.• International Building Code 2003, with one condition*.• ICC/ANSI A117.1 (2003) used with the Fair Housing Act, HUD's

regulations, and the Guidelines• International Building Code 2006, with the January 31, 2007 Errata

• * Effective February 28, 2005 HUD determined that the IBC 2003 is a safe harbor, conditioned upon ICC publishing and distributing a statement to jurisdictions and past and future purchasers of the 2003 IBC stating, "ICC interprets Section 1104.1, and specifically, the exception to Section 1104.1, to be read together with Section 1107.4, and that the Code requires an accessible pedestrian route from site arrival points to accessible building entrances, unless site impracticality applies. Exception 1 to Section 1107.4 is not applicable to site arrival points for any Type B dwelling units because site impracticality is addressed under Section 1107.7."

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1986 Edition of ANSI A117.1

• The 1986 edition of ANSI A117.1 is available from Global Engineering, 15 Inverness Way East, Englewood, Colorado 90112 Individuals desiring aColorado, 90112. Individuals desiring a copy should call Global Engineering regarding availability and pricing, at 1-800-854-7179, to request this document, as it is not available via their Website.

Equivalent Facilitation

Equivalent Facilitation

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In order to be in compliance with the Fair Housing Act, there are seven basic design and construction requirements that must be met. These requirements are:

• Requirement 1. An accessible building entrance on an accessible route.All covered multifamily dwellings must 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.

• An accessible route means a continuous, unobstructed path connecting accessible elements and spaces within a building or site that can be negotiated by a person with a disability who uses a wheelchair, and that is also safe for and usable by people with other disabilities.

• An accessible entrance is a building entrance connected by an accessibleAn accessible entrance is a building entrance connected by an accessible route to public transit stops, accessible parking and passenger loading zones, or public streets and sidewalks.

• Requirement 2. Accessible common and public use areas.Covered housing must have accessible and usable public and common-use areas. Public and common-use areas cover all parts of the housing outside individual units. They include -- for example -- building-wide fire alarms, parking lots, storage areas, indoor and outdoor recreational areas, lobbies, mailrooms and mailboxes, and laundry areas.

• Requirement 3. Usable doors (usable by a person in a wheelchair).All doors that allow passage into and within all premises must be wide enough to allow passage by persons using wheelchairs.

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In order to be in compliance with the Fair Housing Act, there are seven basic design and construction requirements that must be met. These requirements are:

• Requirement 4. Accessible route into and through the dwelling unit.There must be an accessible route into and through each covered unit.

• Requirement 5. Light switches, electrical outlets, thermostats and other environmental controls in accessible locations.Li ht it h l t i l tl t th t t d thLight switches, electrical outlets, thermostats and other environmental controls must be in accessible locations.

• Requirement 6. Reinforced walls in bathrooms for later installation of grab bars.Reinforcements in bathroom walls must be installed, so that grab bars can be added when needed. The law does not require installation of grab bars in bathrooms.

• Requirement 7. Usable kitchens and bathrooms.Kitchens and bathrooms must be usable - that is, designed and constructed so an individual in a wheelchair can maneuver in the space provided.

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Accessible Route at Gate from the Parking Garage to the Lobby Area

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Accessible Parking

• Minimum Number. The Guidelines provide that a minimum of two percent of the parking spaces serving covered dwelling units be made accessible and be located on an accessible route. For example, if 100 units are covered, then a minimum of two accessible spaces is required. 100 x 2% = 2 If the development provides different types of parking, such as surface parking garage or covered spaces at least one of eachsurface parking, garage, or covered spaces, at least one of each must be made accessible. Since many people with disabilities require more time to get in and out of vehicles, covered parking is especially important; therefore, where covered parking is provided, such covered parking must include at least one, and preferably more than one, accessible parking space. Accessible covered surface parking may be substituted for garage parking if the latter is not accessible. While the total number of spaces required to be accessible is only two percent, at least one space for each type of parking must be made accessible even if this number exceeds two percent.

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The image cannot be displayed. Your computer may not have enough memory to open the image, or the image may have been corrupted. Restart your computer, and then open the file again. If the red x still appears, you may have to delete the image and then insert it again.

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Water ClosetsSection 11- 4.16

• Water closet design, not in stalls. See Section on Toilet Rooms

Figure 28

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Accessible Path of Travel???

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Access to the Signage???

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CLEAR FLOOR SPACE ATFIXTURES AND APPLIANCES

CLEAR FLOOR SPACE ATRANGES AND COOKTOPS

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CLEARANCE BETWEEN COUNTERSAND ALL OPPOSING ELEMENTS

• The Guidelines require a clearance of at least 40 inches between all opposing base cabinets, countertops, appliances, and walls. The 40-inch clearance is measured from any countertop or the face of any appliance (excluding handles and

t l ) th t j t i t th kit h t thcontrols) that projects into the kitchen to the opposing cabinet, countertop, appliance, or wall. Refrigerators vary greatly in depth and may extend up to eight inches beyond cabinet faces. Standard free-standing and drop-in ranges may project up to three inches. Appliance depths (excluding door handles) must be included when calculating the 40-inch clearances.

Turning Space

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Narrow Kitchen

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Concerns at Kitchen Sinks and the Issue of Clear Floor Space Area Requirements at Appliances

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FHA Bathroom

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FHA Bathroom

FHA Bathroom

Shower stalls in covered dwelling units may be of any size or configuration and are not limited to the 36-inch x 36-inch stall shown in the diagram on the right, taken from the Guidelines, that illustrates clear floor space requirements for showers. An exception regarding minimum stall size is made when a shower stall is the only bathing fixture in the covered dwelling unit; this is discussed on page 7 58

Showers

unit; this is discussed on page 7.58.

A 30-inch x 48-inch clear floor space must be provided at shower stalls, parallel to the fixture and flush with the control wall. In 36-inch x 36-inch showers, the clear floor space must be positioned exactly as shown in the upper right diagram, with 12 inches offset behind the wall opposite the control wall. The Guidelines require this clear floor space beside the shower fixture primarily to ensure that adequate maneuvering space is available outside the stall for a person using a mobility aid to get sufficiently close to enter and exit the stall safely.

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The 36-inch x 48-inch shower in the center is generally not intended for use with a wall hung bench seat because a user seated on the bench could not reach the controls. However, because some users may elect to add their own seat, an additional 12 inches of clear floor

Showers

space is, as well as reinforcing for such a seat, recommended (see page 6.13).

In Specification A bathrooms, where all fixtures must meet the Guidelines, if the room is equipped with both a bathtub and a separate shower, both fixtures must be provided with the required clear floor space. In Specification B bathrooms, only one bathing fixture must be provided with the required clear floor space. All shower stalls must have reinforced walls for later installation of grab bars (see Chapter 6). The Guidelines contain no specifications that limit the curb height, nor do they address control type or location.

I KNOW YOU BELIEVE YOU UNDERSTAND WHAT YOU THINK I SAID BUT I AM NOT SURE YOUAM NOT SURE YOU REALIZE THAT WHAT YOU HEARD IS NOT WHAT I MEANT

The End

Or is it??

Thank YouYou

And have a

Great Day . . .

This concludes The American Institute of Architects Continuing Education Systems Program

Larry M. Schneider, [email protected]: 786-3361984Fax: 786-3361985