Accessible Design & Construction: Requirements and Deficiency Processing (Detection and Remedies) For Owners, Developers, Architects, Builders, Engineers, and Building Officials Iowa Civil Rights Commission “Disability, Dogs, and Doors” April 7, 2017 – Sioux City Fair Housing Training April 28, 2017 – Cedar Rapids 1
The The Law Law Federal Fair Housing Act [FHA] 42 U.S.C. § 3604(f)(3)(C). Federal Americans with Disabilities Act [ADA] 5 U.S.C. § 301, 28 U.S.C. § 509, and 42 U.S.C. § 12186(b). Iowa Civil Rights Act [ICRA] Iowa Code § 216.8A(3)(c)(3) Local Human Rights Ordinances 2
The The Law Law - Effective Effective Dates Dates • FHA – All covered multifamily dwellings designed and constructed for first occupancy after March 13, 1991. • ADA – Public accommodations (e.g., leasing office, model units, parking) open after January 26, 1993. • ICRA - All covered multifamily dwellings designed and constructed for first occupancy after January 1, 1992. 3
The “Magnificent Seven” 1. An accessible entrance on an accessible route 2. Accessible public/common use areas 3. Doors sufficiently wide 4. Accessible routes into/through dwelling 5. Accessible light switches, electrical outlets, and thermostats 6. Reinforcements in bathroom walls to accommodate grab bars 7. Kitchens and bathrooms with sufficient maneuverability space 4
Covered M Covered Multifamily ultifamily Dwellings Dwellings • All ground floor units in buildings comprised of four or more dwelling units • All units in buildings comprised of four or more dwelling units if an elevator is present 5
Cov Covered M ered Multifamily ultifamily Dwe Dwellings llings – (Cont’d) 6
FHA/ICRA FHA/ICRA and Building and Building Codes Codes Compliance with local building codes does not necessarily mean compliance with the FHA and ICRA. 7
FHA/ICRA FHA/ICRA and Building and Building Codes Codes – (Cont’d) Compliance with other building codes such as the International Building Code (IBC) which requires 2% or Section 504 which requires 5% of all units be fully accessible, does not ensure compliance with the FHA and ICRA. 8
Common Common FHA FHA / I / ICRA CRA pitf pitfalls alls Plans do not contain enough information to ensure that builders know how to comply with the statutory requirements. 9
Common Common FHA FHA / I / ICRA CRA pitf pitfalls alls – (Cont’d) Even if plans do comply, minor changes made in the construction process can result in non-compliant dwelling units. 10
Num Number 1 ber 1 All covered multifamily dwellings must have at least one building entrance on an accessible route. 11
Numb Number 1 er 1 – (Cont’d) ≤ 5% running slope ≤ 2% cross slope 12
Numb Number 1 er 1 – (Cont’d) 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. 13
Number 1 Numb er 1 – (Cont’d) 14
Number Number 1 1 – (Cont’d) An 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. 15
Number 1 Number 1 – (Cont’d) 16
Number 1 Number 1 – Deficiencies Deficiencies • Sidewalks with excessive running slopes and cross slopes • Curb ramps that are too steep • Steps to front entrance • Parking for persons with disabilities not on shortest route possible 17
Number Number 1 1 – Deficienci Deficiencies es – ( Cont’d) 18
Num Number 2 ber 2 All covered multifamily housing must have accessible and usable public and common use areas. 19
Numbe Number 2 r 2 – (Cont’d) Common Use Areas . Interior and exterior areas that are made available for the use of residents of a building and their guests. Public Use Areas . Interior or exterior areas that are made available to the general public, or people other than residents and their guests. 20
Number 2 Number 2 – FHA/ICRA(“Guidelines”) Vs. ADA FHA/ICRA ADA • Residents • Persons other than • Guests residents and their guests – vendors, prospective residents, etc. 21
Number Number 2 2 – Public Public and Comm and Common on Use Use Areas Areas Incl Include ude: Common Use Public – ADA – FHA/ICRA Rental/Property Mailboxes Offices Restrooms Clubhouses Swimming Lobbies Pools Fitness Parking lots Rooms 22
Number 2 Number 2 – Deficiencies Deficiencies • Lack of accessible route • Lack of accessible parking • Thresholds that are too high • Public restroom lacking maneuverability • Mailboxes that are too high • Lack of detectable warning features • Access aisles too narrow or obstructed 23
Number 2 – Deficiencies 24
Number 2 – Deficiencies – (Cont’d) 25
Number 2 – Deficiencies – (Cont’d) 26
Num Number 3 ber 3 All doors that allow passage into and within all premises must be wide enough to allow passage by persons using wheelchairs . 27
Number 3 – Maneuverability requirements at entrances 28
Number 3 – 32” Clearance 29
Number 3 – 32” Clearance – (Cont’d) 30
Number 3 – Secondary Door “Nominal” 32” Clearance 31 5/8 INCHES 31
Number 3 – Primary-Door Usable Hardware – (Cont’d) 32
Number 3 – Secondary Door – Allowed Hardware – (Cont’d) 33
Number 3 Number 3 – Deficiencies Deficiencies • Door knob on exterior side of primary door to unit • Secondary doors that do not provide a minimum of 31 5/8 ” clear width when open so a wheelchair can pass through 34
Number 3 Number 3 – Deficiencies Deficiencies – (Cont’d) Clear Opening Width = Clear Opening Width = 28 inches 26 inches 35
Number Number 4 There must be an accessible route into and through covered units . 36
Number 4 – Accessible route into and through dwellings – (Cont’d) 37
Number Number 4 4 – Deficie Deficiencies ncies • Interior threshold at secondary door greater than – ¼” • Exterior threshold of secondary door below interior finished floor surface at more than – ½” (wood) or 4” (concrete) 38
Number 4 – Deficiencies – (Cont’d) Exterior threshold height = 2. 1/3” Interior threshold height = 1 ¾” 39
Number 5 Num ber 5 Light switches, electrical outlets, thermostats, and other environmental controls must be in accessible locations, or between 15” and 48” from floor . 40
Num Number 5 ber 5 – Controls Controls and and Outlets Outlets – (Cont’d) • When no obstruction interferes – controls must be mounted between 15” and 48”. • When an obstruction interferes… 41
Number 5 – Maximum Heights with an Obstruction PARALLEL FORWARD APPROACH APPROAC H OBSTACLE 0- 20” 20- 25” 0- 24” DEPTH MAXIMUM HEIGHT OF 48” 44” 46” CONTROLS AND OUTLETS 42
Number 5 Num ber 5 – (Cont’d) 43
Num Number 5 ber 5 – Contr Controls Not ols Not Co Cover ered ed • Controls on appliances • Hoods over ranges • Special use wall outlets, such as refrigerator and electric range outlets • Telephone jacks • Circuit breaker panels • Microwave ovens are not covered 44
Number 5 Number 5 – Deficiencies Deficiencies 45
Numb Number 5 er 5 – Deficiencie Deficiencies s – (Cont’d) Thermostats located above 48” 54 1/2” height 46
Number 5 Number 5 – Deficiencies Deficiencies One or both electrical outlets below 15” 7” height 47
Num Number 6 ber 6 Reinforcements in bathroom walls so that grab bars can be added when needed . 48
Number 6 Number 6 – Deficiency Deficiency No blocking 49
Number 7 Num ber 7 Kitchens and bathrooms must be usable — that is, designed and constructed so an individual in a wheelchair can maneuver in the space provided. 50
Number 7 Number 7 – Usable Usable Bathrooms Bathrooms Reinforced Walls for Grab Bars in all bathrooms, with dimensional requirements as stated in Requirement 6. 51
Number 7 Number 7 – Usable Usable Bathrooms Bathrooms ( Cont’d ) • Type A : forward approach to the bathtub. • Type B: parallel approach to the bathtub. • BOTH: 30”x48” clear floor space CFS at each fixture and 30”x48” CFS outside the swing of the door. 52
Number 7 Number 7 – Usable Usable Bathrooms Bathrooms Knee Space(Cont’d) 53
Number 7 Number 7 – Usa Usable Ba ble Bathr throoms ooms – (Cont’d ) “Specification A” bathroom 54
Number 7 Number 7 – Usa Usable ble Ba Bathr throoms ooms – (Cont’d) “Specification B” bathroom 55
Num Number 7 ber 7 – Us Usable able Kitchens Kitchens • Doorways must be a minimum 31 5/8” wide. • Pathways between opposing cabinets, counters, and appliances must be 40” wide. 56
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