fair housing summer 2018 - cdn.ymaws.com · • in one bathroom -knee and toe clearance under the...

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Multi-Family Projects: Fair Housing & Building Code Accessibility Requirements

Gina Hilberry, AIACohen Hilberry Architects

Fair Housing Act: Design & Construction

Fair Housing Amendments Act of 1988

Design and Construction Requirements24 CFR 100.205

The design and construction requirements of the Fair Housing Act apply to all new multifamily

housing consisting of four or more dwelling units.

Applicable to all such projects built for first occupancy after March 31, 1991.

Design RequirementsCovered 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 separated by firewalls within a single structure do not constitute separate buildings.

What units are covered?

Dwelling units separated by firewalls within a single structure do not constitute separate buildings

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Elevator v. No Elevator

Are Townhouses Covered?

YES – if the townhouses are single story,if it is multi-story with elevators internal to the unit,or if it is multistory and located in a building with one or more elevators.

NO – if the building is a non-elevator building.

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Short Term Residencies

Sleeping Rooms FHAA Design RequirementsStatutory Design/Construction Requirements:

Accessible public and common-use areasDoors into and within covered dwelling units are wide enough to allow wheelchair passageAccessible route into and through covered unitsLight switches, electrical outlets, thermostats, etc are in accessible locationsGrab bar reinforcement provided in bathroomsUsable kitchens and bathrooms

Civil Rights ≠ Building Code Safe Harbors

1. HUD Fair Housing Accessibility Guidelines published on March 6, 1991 and the Supplemental Notice to Fair Housing Accessibility Guidelines: Questions and Answers about the Guidelines, published on June 28, 1994.2. HUD Fair Housing Act Design Manual3. ANSI A117.1 (1986), used with the Fair Housing Act, HUD's regulations, and the Guidelines.4. CABO/ANSI A117.1 (1992), used with the Fair Housing Act, HUD's regulations, and the Guidelines.5. ICC/ANSI A117.1 (1998), used with the Fair Housing Act, HUD's regulations, and the Guidelines.6. Code Requirements for Housing Accessibility 2000 (CRHA).7. International Building Code 2000 as amended by the 2001 Supplement to the International Codes. (Incorporates ANSI 1998 by reference.)8. International Building Code 2003, with one condition*.9. ICC/ANSI A117.1 (2003) used with the Fair Housing Act, HUD's regulations, and the Guidelines10. 2006 International Building Code ® (loose leaf). (Incorporates ANSI 2003 by reference.)

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*caveats

• * 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."

Safe Harbor Selection

Question:

Are you using a safe harbor based on the local building code?

Is it an IBC code referencing ANSI 2003?

Comparable Standards

The 2009, 2012 and 2015 editions of the ICC and the 2009edition of ICC A117.1 were (are?) under review by HUD.

Current status unknown.

The technical assistance line does recognize them as comparable standards.

Design Requirements

Evidence of compliance with the Fair Housing Accessibility Guidelines adopted by this notice shall be a basis for a determination that there is no reasonable cause to believe that a discriminatory housing practice under Section 804(f)(3) has occurred or is about to occur in connection with the investigation of complaints filed with the Department relating to covered multifamily dwellings.

Other Civil Rights Requirements

ADA Standards for Accessible Design (Revised 1994)

2010 ADA Standards

Section 504 –HUD’s regulations and policies

(5% mobility & 2% communication)

Military Housing & Housing for the Veteran’s Administration

Native American Programs (through HUD)

Rural Housing Programs (through USDA)

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Housing & the ADA

ADA applies to the units in transient lodging, social service centers and Title II (State/Local Government owned/operated/leased) housing.

• Transient Lodging

• Residential Dwelling and Sleeping Units

• Medical Care Facilities

• Detention Facilities – Housing and Holding Cells & Specialized Cells

Housing, HUD & ABA/UFAS/504

• All non-housing projects and elements must be accessible.

• Accessibility requirements apply to any housing project (of any type) with five or more units. This includes scattered site projects.

– 5% accessible for persons with mobility disabilities

– 2% accessible for persons with hearing or visual disabilities.

• Higher percentages may be required.

• ADA/HUD allows scoping to be applied to all units under a single contract whether or not located on a single site and irrespective of # of units at each structure if there are 5 or more units)

Building Code Requirements

and IBC Units/Editions that are Safe Harbors

ANSI - a Brief History

• 1961 National Easter Seals. Edition was reaffirmed in 1971.

• 1980 The basis of UFAS & ADA.

• 1986 This edition is recognized in the FHAA and initial fair housing regulations. Still in use as part of several safe harbors.

• 1992 The first one referenced in all 3 model codes.

1998 The first to try to harmonize with ADAAG and the first referenced into the first ICC/IBC editions

2003 referenced in the 2006 and 2009 ICC/IBC.

2009 referenced in the 2012, 2015 and 2018 ICC/IBC.

2017 not yet referenced into ICC/IBC. First new major research since the 1986 edition. More completely harmonized with ADA 2010. In use only in one state right now.

ICC/ANSI and ICC A117.1 Dwelling Unit Types (ANSI Chap. 10 – 2009 edition)

• Accessible

• Type “A” - Adaptable

• Type “B” - Fair Housing

• Type “C” - Visitable

• Units with Accessible Communication Features

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Accessible Units

Constructed to be accessible for an individual who uses a wheelchair.

ICC A117.1 Section 1002

Basic Characteristics:

• Constructed wheelchair accessible

• Access to all levels

• 3’-0” doors with maneuvering clearances and lever hardware

• Turning space in every room

• In kitchens - knee and toe clearances at sinks and a work surface

• In one bathroom - knee and toe clearance under the lavatory, grab bars installed at the water closet and tub/shower

• Access to light switches, HVAC, plumbing and appliance controls

Type A UnitsBasic Characteristics

• Constructed wheelchair ready with some adaptable features




• In the kitchen - plan for knee and toe clearances at sinks and a work surface in the kitchen

• In one bathroom - plan for knee and toe clearance under the lavatory, blocking for grab bars


Constructed to be “adaptable” for a person using a wheelchair


Type B Units Basic Characteristics

• Constructed wheelchair ready with some adaptable features




• In the kitchen - plan for knee and toe clearances at sinks and a work surface in the kitchen

• In one bathroom - plan for knee and toe clearance under the lavatory, blocking for grab bars


Matches Fair Housing Accessibility Guidelines


• A step free entrance on an accessible route to a site arrival point.

• An interior path.

• A usable bathroom.

• Minimum clearances between objects in the kitchen.

Type C Units

Intended for single family homes and townhouses


Building Code Requirements

• 20 or more units in new construction: 5% Type A or,

• 12 or more units in new construction: 5% Type A, and(City of St. Louis)

• 4 or more units in new construction: Type B– With an elevator 100%

– No elevator 100% of the ground floor units unless they are carriage houses or 2 story townhouses

Building Code Requirements – EXISTING BUILDINGS (FHAA does not apply)

• Accessible units and Type A units required based on the number being altered.

• Type B units required when the alteration is to more than 50% of the building area. (i.e. Level 3 alteration).

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Group R-1Review: Basic Questions for Private Sector Housing

1. Does Section 504 or ABA or ADA apply?

5% mobility and 2% communication

2. Are there 20 or more units (in most jurisdictions) or 12 or more in STL?

IBC: 2% mobility

3. Does the building(s) have four or more dwelling units? Is there an elevator?

IF YES: All units are covered by FHAA

IF NO: Ground floor units are covered by FHAA (unless they are carriage houses or townhouses)

4. Is there more than one ground floor? (all ground floor units are covered)

THE BASICS OF FHAAG

Reqt. 1 Accessible Building Entrance on an Accessible RouteReqt. 2 Accessible and Usable Public and Common-Use AreasReqt. 3 Accessible Route into and through the UnitReqt. 4 Doors Wide enough for Wheelchair PassageReqt. 5 Light Switches, Environmental Controls in Accessible

LocationsReqt. 6 Reinforced Walls for Grab BarsReqt. 7 Usable Kitchens and Bathrooms

Failing to understand the concepts of Reasonable Accommodation and Reasonable Modification

Common Errors

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Requirement 1. An accessible building entrance on an accessible route from site arrival points.

Common Error: Designer makes the patio door - not the primary front entrance typically used to approach the unit from parking - the designated accessible entrance. The DOJ position is that the primary entrance must be the door used most and closest to the parking. (Case law (US v. Edward Rose Construction Co.)).

Common Error: failure to provide PEDESTRIAN routes to common areas & site arrival points.

Site Impracticality

Sites with Unusual Characteristics

Individual Building Test & the Site Analysis Test– Analyze the undisturbed site

– Examine elevations at building entries & site arrival points within 50 feet (individual test)

– Examine slopes of buildable area on site (site test)

– Determine % Units required (20% minimum)

– Re-examine feasibility of other units

Site Impracticality

Note: site impracticality is not allowed for buildings with elevators or for buildings with elevated walkways with a slope no greater than 10%.

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Individual Building Test

Not applicable to Elevator BuildingsMust be used where a single building with only one common entrance on the site. Otherwise either test may be used.For a building to be considered impractical, entrances must meet both:Part A – slopes of the undisturbed site, measured between the entrance and all arrival points, exceed 10%;

AND…

Part B – slopes of the finished site, measured between the entrance and all arrival points, exceed 10%.

A minimum of 20% of the units on the site must comply with FHAA requirements and be located on an accessible route.

• Notes: all site arrival points within 50 feet must be included.

• If there are no arrival points within 50 feet, the slope must be calculated to the closest arrival point beyond 50 feet.

Site Analysis TestNot applicable to Elevator Buildings

Part A – Calculate percentage of buildable site area with slopes less than 10%.Part B – Calculate initial percentage of ground floor units based on site slope analysis.Part C – Reduce initial percentage exempt by the number of units that can and therefore must be on an accessible route from an arrival point – defined as a slope analysis on the topo/site plan with a straight line test no steeper than 8.3%.

Unusual Characteristics

• Certain sites are subject to laws or codes which specific that the lowest structural member of the lowest floor be raise to a specified level (e.g. above base flood elevation).

• Common Error: Failing to deduct easements, setbacks, floodplains and other “non-buildable” or restricted areas from the total site area when calculating the “site analysis test”. Should consider the “…total buildable area of the undisturbed site with a grade less than 10%...” using a topo map with 2’ contours.

Common Errors

• Common Error: Failing to remember that a minimum of 20% of the units must comply with FHAA requirements.

• Common Error: Failing to perform Part C of the Site Analysis.

Common Errors

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Accessible Routes

• Requirement 1:

• Each covered building on site must have an accessible entrance on an accessible route.

Sample Site

Accessible Route Diagrams

Characteristics of Routes

• Firm stable and slip resistant.

• Cross slopes: 2% in all locations

• Running slopes:– 2% at public and common use area

door approaches, ramp landings and similar surfaces.

– Up to 5% at sidewalks*

– 5.1% to 8.3% = a ramp. Include edge protection, handrails and landings.

* Some safe harbors recognize up to 5% at parking access aisles.

More Complex Issues – Curb Ramps & Detectable Warnings

ANSI 1986 – 406.12, 406.13 and 406.14 Detectable Warnings are required at raised marked crossings, curb ramps, and at islands or cut through medians on accessible routes.

• ICC 1104.1 – At least one accessible route shall be provided… (1104.1-1104.3 all includes descriptions of required locations).

• ADA & PROW-PG vary from ANSI

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Common Error: protruding objects in the path of travel (“circulation path”), especially at the leasing office area where ADA applies to public accommodations.

Common Errors

• Curb Ramps not designed or built properly

• Excessive cross slopes

• Ramps – especially ramps without handrails

• Gaps and transitions

• Changes in level

Requirement 2. Accessible common and public use areas.

Accessible Route

• Common Error: Failing to realize that the required accessible approach routes to covered dwelling units, including the exterior maneuvering space at primary entrance doors, are common-use areas and must be fully accessible.

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• Doors

• Vestibules

• Operating Hardware

• Thresholds

• Landing surfaces

Common Error: Failing to design common-use areas (including routes) to be fully accessible.

• Cross slopes >2%, ramps/curb ramp >8.3%

• Protruding objects and low headroom (stairs)

• Inaccessible common-use toilet rooms

• Un-beveled level changes between ¼”-1/2”

• Knob hardware on doors

• Lack of common-use door maneuvering space

Include all common areas – although there are exceptions concerning multiple recreational spaces that provide the same activities & experiences.

Do not forget dogs and gathering spaces.

Parking Requirements

• Common Errors:

Detailed review of 2% resident parking formula

Garage dimensions (14’-2” min width & 10’ door)

Private attached garage exemption

Addressing all types of parking including carports

Required Parking

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Charging Stations

ANSI 502.11 Electrical vehicle charging stations. Where an electrical vehicle charging station is provided at a parking space, it shall comply with Section 502.11.

Mail & Parcels

Kiosks Common Error: Failing to provide “assistive devices” at common-use laundry rooms not equipped with front-loading washers and dryers.

Requirement 3. Usable doors (usable by a person in a wheelchair). Common Area Doors

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Common/Unit doors Common Error: Failing to design and construct covered units so all passage doors within the units allow “nominal” 32” clear width (31 5/8” or 31-3/4” minimum).

Particularly problematic at sliding glass patio doors.

Frequently narrow doors are result of confusion over when & where FHAG applies.

Common Error: Failing to design and construct both doors leading into a “California-style” bathroom so they allow the minimum 32” nominal clear passage width. When HUD says “all” passage doors within covered units, they mean “all” passage doors.

Requirement 4. Accessible route into and through the dwelling unit.

• Common Error: Installing thresholds at sliding glass patio doors, primary entrance doors and marble transition strips at bathroom doors that are higher than ¼” and not beveled with a maximum slope of 1:2.

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Requirement 5. Light switches, electrical outlets, thermostats and other environmental controls in accessible locations.

Construction Tolerances

• Source: HUD Module #9 2017 Training Materials

*Some safe harbors recognize reach ranges as low as 9” and as high as 54” under specific circumstances.

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Common Errors

• Failure to make sure that you are following the safe harbor listed on the cover page of the drawings.

• Failure to address outlets under windows when they are the only one serving an area.

• Failure to allow for appliances in the way of approach.

Requirement 6. Reinforced walls in bathrooms for later installation of grab bars.

36 x 36 Showers

Requirement 7. Usable kitchens and bathrooms.

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Key to Kitchens & Bathrooms: Clear Floor or Ground SpaceClear space between opposing counters, appliances, cabinets and walls.

* Note: ANSI 2003 requires 60” in all “U” shaped kitchens, not just ones with sink or stove at the base.

Disposals (Design Manual) Removable Base Cabinets

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Countertops Specification A & B Bathrooms

How many bathrooms & fixtures are required?• If Spec A is selected: all bathrooms must comply with Spec A.

• If Spec B is selected: only one bathroom must meet Spec B requirements, other bathroom(s) must be on an accessible route and must have a usable door. The Design Manual also requires the other bathrooms to have usable switches, outlets & controls –and requires reinforced walls for grab bars.

• In bathrooms where several of each type of fixture are provided (e.g. separate shower or two lavatories), all fixtures must be usable in Spec A bathrooms. Only one of each type is required in a Spec B bathroom.

Common Errors Measuring the toilet centerline:

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Common Error:

Failing to provide parallel 30”x48” clear floor space at Specification B tubs – many misinterpret the parallel requirement and provide only perpendicular clear floor space at tubs, but call the bathroom a Specification B bathroom.

• Common Error: Failing to provide the minimum 66” deep clear floor space at toilets approached from the front, rather than approached from the side of the toilet.

Common Error: Failing to provide centered parallel 30”x48” clear floor space at “all” lavatories in a Specification A bathroom with multiple lavatories. Only one lavatory is required to comply in a Specification B bathroom.

Common Error:

Failing to provide 30”x48” clear floor space outside the swing of the entrance door into each Specification A bathroom and one of the Specification B bathrooms.

Bathtub Approach Space

Clear floor space at showers

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Common error: failure to provide required clear floor space at showers.

• Problem Solving clear floor spaces.

Powder Rooms

Resources & Tools

Ten Safe Harbors

access-board.gov

Joint Statement of the Department of Housing and Urban Development and the Department of Justice, Accessibility (Design and Construction) Requirements for Covered Multifamily Dwellings Under the Fair Housing Act, Washington D. C., April 30, 2013.

ICC/ANSI Publications

Resources for Accessible Housing Requirements

ABA - Architectural Barriers ActFederally owned, leased and operated facilities Technical Assistance (800) 872-2253 Uniform Federal Accessibility Standards (HUD) Access Board ABA Guidelines and Standards

ABA Accessibility Standards (GSA, DOD, USPS) [email protected]

504 Rehabilitation ActHousing projects receiving "Federal financial assistance". Technical Assistance (800) 872-2253

Access Board 504 Guidelines and StandardsUniform Federal Accessibility Standards (HUD) or 2010 ADA Standards

(since 5.23.14)[email protected]

FHA - Fair Housing ActApplies to all housing projects with 4 or more dwelling units (private

and public) Technical Assistance (888) 341-7781FHA Design Manual 1998 or other HUD identified Safe Harbors Fair Housing First

ADA - Title II (State and Local Govt) and Title III (Private Business)Title II (State/Local Government) D.O. J. Technical Assistance (800) 514-0301

Title III (Private Business - aka: Public Accommodations) Regional ADA Technical Assistance Centers (800) 949-42322010 ADA Standards for Accessible Design (ADA) ADA Information

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Resources

Design and Construction Resource Center 1-888-341-7781

http://www.fairhousingfirst.org/https://www.justice.gov/crt/housing-and-civil-enforcement-sectionhttps://www.hud.gov/program_offices/fair_housing_equal_opp/FHLaws

Thank you!

fair housing summer 2018 - cdn.ymaws.com · • in one bathroom -knee and toe clearance under the...

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