The federal Fair Housing Act as amended in 1988 contains seven basic requirements for accessible design in new construction that covers privately owned and publicly assisted residential multi-family dwellings built for first occupancy after March 13, 1991.
These requirements, described below, apply to multifamily dwellings and all types of buildings with four or more residential units, including condos, single-story townhouses, garden apartments, vacation timeshares, dormitories, and homeless shelters.
In addition, covered buildings with an elevator are required to make all units accessible, while covered buildings without an elevator are required to make all ground-floor units accessible (including ground-floor at different levels in the same building).
Seven Design and Construction Requirements
Requirement 1. An accessible building entrance on an accessible route.
Requirement 2. Accessible common and public use areas.
Requirement 3. Usable doors (usable by a person in a wheelchair).
Requirement 4. Accessible route into and through the dwelling unit.
Requirement 5. Light switches, electrical outlets, thermostats and other environmental controls in accessible locations.
Requirement 6. Reinforced walls in bathrooms for later installation of grab bars.
Requirement 7. Usable kitchens and bathrooms.
Requirement 1. An accessible building entrance on an accessible route.
- If there are separate entrances for ground-floor units, each entrance must be accessible.
- If there are common entrances to a multi-unit building, at least one entrance – typically used by the resident for entering the building – must be accessible.
- An accessible entrance must be located on a route that a person in a wheelchair can easily travel, leading to and from meaningful locations; e.g., parking, public transportation, other buildings in the complex, and amenities such as laundry room, recreational facilities etc. (Refer to ANSI, Section 4.3)
Requirement 2. Accessible common and public use areas.
Parking areas, curb ramps, passenger loading areas, building lobbies, lounges, halls and corridors, elevators, public use restrooms, and rental or sales offices must be accessible to people with disabilities.
Public use areas also include drinking fountains/water coolers, mailboxes, laundry rooms, community and exercise rooms, swimming pools, playgrounds, recreation facilities, nature trails.
Requirement 3. Usable doors (usable by a person in a wheelchair).
- Doors must be wide enough to enable a person in a wheelchair to maneuver through them easily. These include: public and common use doors, doors
- leading into an individual dwelling unit, and all doors within the dwelling unit itself. (Doors in public or common use areas can comply by using ANSI standards.)
- For wheelchairs, doors must have a minimum clear opening width of 32” (measure from face of door to the stop, with door open 90 degrees.
- All types of doors are covered; hinged doors, sliding doors, folding doors.
- Doors leading to any outdoor amenities the dwelling may have—balcony, patio, deck —are covered. If a deck or patio has doorways leading into two or more separate rooms, all these doors must be usable.
Requirement 4. Accessible route into and through the dwelling unit.
- Thresholds of a unit’s exterior doors may not exceed ¾” (also applies to sliding door tracks).
- In single story units, changes in height of ¼” to ½” must be beveled. Those greater than ½” must be ramped or have other means of access.
- Minimum clear width for accessible route inside the unit is 36”.
- Hallways, passages, and corridors must be wide enough to allow room to maneuver a wheelchair throughout the unit.
Requirement 5. Light switches, electrical outlets, thermostats and other environmental controls in accessible locations.
- Operable parts of controls must be no lower than 15” and no higher than 48”.
- Switches, outlets, thermostats, and controls must be accessible to people in wheelchairs.
Requirement 6. Reinforced walls in bathrooms for later installation of grab bars.
Walls in bathrooms must be reinforced so that grab bars near the toilet, tub, shower, and shower seat, if provided, can be added later. (Refer to diagrams in HUD guidelines for locations and acceptable dimensions of wall reinforcements.)
Requirement 7. Usable kitchens and bathrooms.
- A minimum of 40” of clear floor space is required in kitchens to allow a person in a wheelchair to maneuver between opposing base cabinets, countertops, appliances, or walls.
- A U-shaped design requires a minimum of 5’ in diameter clear space, or removable cabinets at the base of the “U.”
- Appliances must be located so they can be used by a person in a wheelchair. A 30”x48” clear floor space is required for a parallel or forward approach.
- Adequate maneuvering space is required in bathrooms so that a person in a wheelchair can easily enter, close the door, use the facilities and fixtures, and exit.
- HUD guidelines provides two sets of specifications for suitable bathrooms: Option A and Option B.
- With Option A, all bathrooms must include providing a basic degree of maneuverability to meet Option A requirements.
- With Option B, only one bathroom must meet Option B requirements, which provide for a stricter degree of maneuverability. Other bathrooms require usable doors, reinforced walls, switches/outlets in accessible locations, and must be on an accessible route.
Additional Section 504 Requirements
Be aware that if the housing project receives federal funding, Section 504 of the Rehabilitation Act of 1973 applies in addition to the federal Fair Housing Act accessibility requirements. All federally assisted new construction housing developments with 5 or more units must:
- Design and construct 5 percent of the dwelling units, or at least one unit, whichever is greater, to be accessible for persons with mobility disabilities. These units must be constructed in accordance with the Uniform Federal Accessibility Standards (UFAS) or a standard that is equivalent or stricter.
- An additional 2 percent of the dwelling units, or at least one unit, whichever is greater, must be accessible for persons with hearing or visual disabilities.
Remember, this is in addition to the requirements under the federal Fair Housing Act.
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