Fair Housing Act & Section 504 Accessibility Requirements For Construction

Presented by:Michele HutchinsU.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity

FAIR HOUSING LAWS• TITLE VI OF THE CIVIL RIGHTS ACT

OF 1964• FAIR HOUSING ACT OF 1968, AS

AMENDED IN 1988• SECTION 504 OF THE

REHABILITATION ACT OF 1973• THE AMERICANS WITH DISABILITIES

ACT OF 1990 (ADA)

Objectives• Have a basic understanding of the

design and construction provisions of the Fair Housing Act and Section 504

• Have a basic understanding of the seven requirements of the Fair Housing Act

• Have a basic understanding of the Uniform Federal Accessibility Standards (UFAS)

• Know how the 2010 ADA Standards relates to Housing

Fair Housing Act

Design Guidelines

FHA Design Standards• Design standards apply to buildings

constructed for first occupancy on or after March 13, 1991.

• Requires all ground floor units to be accessible provided there are 4 or more units in the building and the unit is not multistory.

• If the building has an elevator; all units must be accessible.

Seven Basic Requirements1. Accessible building entrance on an accessible

route2. Accessible and usable public and common

use areas3. Usable doors4. Accessible route INTO and THROUGH every

covered unit5. Light switches, HVAC controls, electrical

outlets, etc. in accessible locations6. Reinforced walls in bathrooms for later

installation of grab bars7. Usable Kitchens and BathroomsNote: Either covers all ground floor or all units not just a percent of the units.

Requirement 1-Accessible Building Entrance on an Accessible Route

…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 (24 CFR 100.205)

Accessible Route• When designing your

accessible route, pay close attention to:

– width of route – slope of route – ground and floor

surfaces – cross slope – headroom – curb ramps – protruding objects

– lift/elevator design

Common ViolationsRequirement 1- Accessible Building Entrance on and Accessible Route• Steps at dwelling entrance• Walk exceeds allowable

slopes • Failure to have railings and

edge protection on slopes greater than 5% and less 8.33%

• Accessible route does not connect to pedestrian arrival area (ie. parking lot)– No curb ramps– Accessible route width,

slope and cross slope

...covered multifamily dwellings with a building entrance on an accessible route shall be designed in such a manner that the public and common use areas are readily accessible to and usable by handicapped persons. (24 CFR 100.205)

Requirement 2- Accessible and Usable Public and Common Use Areas

Parking When parking is provided:

• Accessible parking on an accessible route must be provided for residents and guests

• Must be located on shortest possible accessible route to the accessible entrance

• Accessible spaces must be at least 96” wide and have an adjacent access isle that is a minimum of 60” wide

• Must have curb ramps to provide an accessible route

Common ViolationsRequirement 2- Accessible and Usable

Public and Common Use Areas• Parking - Sign Height (60” to the bottom of sign) -No access aisle or not correct width -If provided different types of parking:

surface, carport, garage, have one of each type.

• Curb ramp location, slope and cross slope• Height of mailboxes• Common area amenities – picnic tables,

dumpsters, playgrounds

Requirement 3-Usable Doors...covered multifamily dwellings with a building entrance on an accessible route shall be designed in such a manner that all the doors designed to allow passage into and within all premises are sufficiently wide to allow passage by handicapped persons in wheelchairs. (24 CFR 100.205)

Requirement # 3: Usable Doors

• Common use area doors, including primary entrances to covered units, must have a clear opening of at least 32” (accessible doors)– Measured from door to door stop

• Doors inside covered units designed for passage must have a clear opening of a “nominal” 32 inches (at least 31 5/8”) (usable doors)

Common ViolationsRequirement 3- Usable Doors

• Not enough maneuverability space on latch side of door

• Sliding doors and other secondary doors do not provide nominal 32” opening (31 5/8”)

• Sliding door and many back doors have thresholds that are too high and not beveled

• Walk in closet doors clear opening width not correct

Requirement 4- Accessible Route Into and Through the

Covered Unit...covered multifamily dwellings with a building entrance on an accessible route shall be designed and constructed in such a manner that all premises within covered multifamily dwelling units contain an accessible route into and through the covered dwelling unit. (24 CFR 100.205)

Accessible Route Width

• Accessible route from accessible entrance must connect to required clear floor space outside of the covered unit

• As accessible route passes into the unit width can be reduced to 32” at the entry doorway (accessible door)

• Throughout the unit travel pathway must be at least 36” wide except when passing through doorways (usable doors), where it may be reduced to 32” nominal width (31 5/8”)

Thresholds and Accessible Routes and Exterior Doors

• Different level change tolerances base on– Primary or secondary door– Type of construction material at landing

• Permeable or impermeable

Common ViolationsRequirement 4- Accessible Route into and through the Unit• Level changes at primary entrances

exceed the allowable ½” between finished floor and exterior entry landing

• Thresholds exceed the maximum allowable height of ¾” and are not beveled

Requirement 5-Light Switches, Electrical Outlets,

Thermostats, and Other Environmental Controls in Accessible Locations

...covered multifamily dwellings with a building entrance on an accessible route shall be designed and constructed in such a manner that all premises within covered multifamily dwelling units contain light switches, electrical outlets, thermostats and other environmental controls in accessible locations. (24 CFR 100.205)

Requirement # 5: Accessible Environmental Controls, Switches, and

Outlets

• All operable parts must be at least 15 inches above the floor and no higher than 48 inches above the floor

• Some switches and outlets located over counters must be lower than 48 inches

• Switches on appliances, circuit breakers, and outlets dedicated for certain appliances are not covered

Common ViolationsRequirement 5- Accessible Environmental Controls• Outlets placed too low

– Outlets must be located at least 15” above finished floor

• Switches are too highThermostats and other environmental switches are placed higher than 48” above the finished floor.

• Outlets and Switches over countertops

Requirement 6- Reinforced Walls for Grab Bars

...covered multifamily dwellings with a building entrance on an accessible route shall be designed and constructed in such manner that all premises within covered multifamily dwelling units contain reinforcements in bathroom walls to allow later installation of grab bars around toilet, tub, shower stall and shower seat, where such facilities are provided. (24 CFR 100.205)

Requirement # 6: Reinforced walls in bathrooms for grab

bars• Must have reinforcements in the

walls for future installation of grab bars in ALL bathrooms in specific locations around: –Toilets–Bathtubs–Showers

Requirement 7- Usable Kitchens and Bathrooms

...covered multifamily dwellings with a building entrance on an accessible route shall be designed and constructed in such a manner that all premises within covered multifamily dwelling units contain usable kitchens and bathrooms...such that an individual in a wheelchair can maneuver about the space. (24 CFR 100.205)

Requirement #7: Usable Kitchens and Bathrooms

• 40” between countertops and walls

• 30 X 48 clear floor space:– Parallel to and centered

on the kitchen sink, range, and at least one sink in the bathroom

– Parallel to or perpendicular to other kitchen appliances

• U shaped kitchens require a 60” turning space or knee space under the sink or cook top at the base of the U

Usable Bathrooms

• Must have accessible route to and into the bathroom

• Switches, outlets, and controls must be accessible

• Reinforced walls for grab bars• Clear floor space

– Allows user in wheel chair to enter the room, close the door, reopen the door and exit the room

– Allows user to approach and use fixtures

Common ViolationsRequirement 7- Usable Kitchens and Bathrooms

• Kitchen does not have 30” x 48” clear floor area parallel to and centered on kitchen sink and range

• Ensuring 40” space is maintained between counter and refrigerator

• Sinks in bathrooms do not have 30” x 48” clear floor area parallel to and centered on the sink

OF THE REHABILITATION ACT OF

1973

PHYSICAL ACCESSIBILITY

Existing Housing ProgramsNew Construction

Alterations

New Construction• At least 5% of units must be fully

accessible to people with mobility impairments

• An additional 2% of units must be accessible to people with vision and hearing impairments

Alterations

• Federally-funded housing providers are required to make necessary structural changes in existing facilities when nonstructural options are not available.

• Make every effort to achieve program accessibility and expeditiously complete any remaining necessary structural changes.

Parking• Minimum number of

accessible parking spaces - based on the total number of parking spaces.

• Accessible parking spaces - designated as reserved by signs showing the international symbol of accessibility.

• Signs - located so they cannot be obscured by vehicles parking in the spaces.

Accessible Routes• Exterior routes – parking access

aisles, passenger drop-off areas, curb ramps, walks, ramps, platform lifts, clear floor space at entries

• Interior Routes – corridors, floors, ramps, elevators, platform lifts, clear floor space at fixtures and elements.

Problem curb ramps

• Are too steep• Have steep flared

edges• Are accessed

only from heavily trafficked areas

• Curb ramps no more than 8.33% slope

• Flares no more than10% slope

Ramps

• Walking surface in an accessible space that has a running slope greater than 5%

• Ramps cannot exceed 8.33% slope• Cross slope cannot exceed 2%

Identify inaccessible elements

Doors

• Minimum clear width of 32 inches– adult wheelchairs = 27-32 inches wide– walkers = 32 inches wide– 32 inches = the distance between

crutch tips of an average adult male using crutches

• Push bars and other door hardware allowed to protrude into clear width if mounted high enough

Thresholds

• Exterior sliding doors - ¾ inch threshold

• Other types of doors - ½ inch threshold

• Raised thresholds must be beveled

Water Closets (Toilets)

Access and safe use of WCs depends on:

• proper seat height – 17”-19”• Centerline of toilet to wall exactly 18”• appropriately placed grab bars• appropriately placed toilet paper• usable and easy-to-reach flush controls-

wide side of toilet• sufficient and appropriate clear floor

space

Grab Bars

Strategically located to provide assistance to users during transfers

• Required both to the side and the back of the WC

• 33 inches to 36 inches high• Side grab bar: minimum 42 inches long,

forward end 54 inches from back wall• Rear grab bar: minimum 36 inches long

Bathtubs• Sufficient clear floor space• In-tub seat or seat at the head of the tub• Grab bars installed or structural

reinforcement for grab bars• Faucet controls offset to the outside of

the tub to minimize the reach into the tub• Shower spray unit with a hose at least

60 inches long

Any Problems With This Bathroom?

Kitchens• Clearances between opposing

base cabinets, counter tops, appliances, or walls: 40 inches minimum, 60 inches in U-shaped kitchens

• Clear floor space at least 30 inches by 48 inches at all appliances in the kitchen

• At least one 30-inch section of counter has to be mounted no higher than 34 inches high

Kitchens• Sink and adjacent counter of at least 30

inches wide mounted no higher than 34 inches high

• Controls for ranges and cook-tops must not require reaching across burners

• Ranges and cook-tops with pushbutton controls

• Ovens self-cleaning OR located next to adjustable height counter, knee space below

HUD allows Alternate Accessibility Standards • Accessibility requirements for federally

Subsidized Housing recipients – use Uniform Federal Accessibility Standards (UFAS) to meet the accessibility requirements of Section 504.

• As of May 23, 2014 – Federally subsidized Housing recipients may use the 2010 ADA standards with the Exceptions.

• http://portal.hud.gov/hudportal/HUD?src=/press/press_releases_media_advisories/2014/HUDNo_14-057

FAIR HOUSING

Fair Housing: Its Not an Option

IT’S THE LAW

QUESTIONS?

For more information contact:

Michele Hutchins, Equal Opportunity Specialist Office of Fair Housing & Equal Opportunity U.S. Dept. of Housing & Urban Development 125 S. State Street, Room 3001 Salt Lake City, UT 84138 (801) 524-6097-Direct line (801) 524-6909-TDD/TTY line 1-800-877-7353 – Denver Toll Free email: michele.hutchins@hud.gov