[Federal Register Volume 59, Number 123 (Tuesday, June 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15501]
[Federal Register: June 28, 1994]
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Part III
Department of Housing and Urban Development
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Office of the Assistant Secretary for Fair Housing and Equal
Opportunity
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24 CFR Ch. I
Fair Housing: Accessibility Guidelines; Questions and Answers;
Supplement to Notice
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Fair Housing and Equal
Opportunity
24 CFR Chapter I
[Docket No. N-94-2011; FR-2665-N-09]
Supplement to Notice of Fair Housing Accessibility Guidelines:
Questions and Answers About the Guidelines
AGENCY: Office of the Assistant Secretary for Fair Housing and Equal
Opportunity, HUD.
ACTION: Supplement to notice of fair housing accessibility guidelines.
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SUMMARY: On March 6, 1991, the Department published final Fair Housing
Accessibility Guidelines (Guidelines) to provide builders and
developers with technical guidance on how to comply with the
accessibility requirements of the Fair Housing Amendments Act of 1988
(Fair Housing Act) that are applicable to certain multifamily dwellings
designed and constructed for first occupancy after March 13, 1991.
Since publication of the Guidelines, the Department has received many
questions regarding the applicability of the technical specifications
set forth in the Guidelines to certain types of new multifamily
dwellings and certain types of units within covered multifamily
dwellings. The Department also has received several questions
concerning the types of new multifamily dwellings that are subject to
the design and construction requirements of the Fair Housing Act.
This document reproduces the questions that have been most
frequently asked by members of the public, and the Department's answers
to these questions. The Department believes that the issues addressed
by these questions and answers may be of interest and assistance to
other members of the public who must comply with the design and
construction requirements of the Fair Housing Act.
EFFECTIVE DATE: June 28, 1994.
FOR FURTHER INFORMATION CONTACT: Judith Keeler, Director, Office of
Program Compliance and Disability Rights. For technical questions
regarding this notice, contact Office of Fair Housing and Equal
Opportunity, room 5112, Department of Housing and Urban Development,
451 Seventh Street, Washington, DC 20410, telephone 202-708-2618
(voice), 202-708-1734 TTY; for copies of this notice contact the Fair
Housing Information Clearinghouse at 1-800-795-7915 (this is a toll-
free number), or 1-800-483-2209 (this is a toll-free TTY number).
SUPPLEMENTARY INFORMATION:
Background
The Fair Housing Amendments Act of 1988 (Pub.L. 100-430, approved
September 13, 1988) (the Fair Housing Amendments Act) amended title
VIII of the Civil Rights Act of 1968 (Fair Housing Act or Act) to add
prohibitions against discrimination in housing on the basis of
disability and familial status. The Fair Housing Amendments Act also
made it unlawful to design and construct certain multifamily dwellings
for first occupancy after March 13, 1991, in a manner that makes them
inaccessible to persons with disabilities, and established design and
construction requirements to make these dwellings readily accessible to
and usable by persons with disabilities.1 Section 100.205 of the
Department's regulations at 24 CFR part 100 implements the Fair Housing
Act's design and construction requirements (also referred to as
accessibility requirements).
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\1\Although this notice uses the terms ``disability'' and
``disabilities,'' the terms used in the Fair Housing Amendments Act
are ``handicap'' and ``handicaps.''
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On March 6, 1991 (56 FR 9472), the Department published final Fair
Housing Accessibility Guidelines (Guidelines) to provide builders and
developers with technical guidance on how to comply with the
accessibility requirements of the Fair Housing Act. (The Guidelines are
codified at 24 CFR Ch.I, Subch.A., App. II. The preamble to the
Guidelines is codified at 24 CFR Ch.I, Subch.A., App.III.) The
Guidelines are organized to follow the sequence of requirements as they
are presented in the Fair Housing Act and in 24 CFR 100.205. The
Guidelines provide technical guidance on the following seven
requirements:
Requirement 1. 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 for grab bars.
Requirement 7. Usable kitchens and bathrooms.
The design specifications presented in the Guidelines are
recommended guidelines only. Builders and developers may choose to
depart from these guidelines and seek alternate ways to demonstrate
that they have met the requirements of the Fair Housing Act. The Fair
Housing Act and the Department's implementing regulation provides, for
example, for use of the appropriate requirements of the ANSI A117.1
standard. However, adherence to the Guidelines does constitute a safe
harbor in the Department's administrative enforcement process for
compliance with the Fair Housing Act's design and construction
requirements.
Since publication of the Guidelines, the Department has received
many questions regarding applicability of the design specifications set
forth in the Guidelines to certain types of new multifamily dwellings
and to certain types of interior housing designs. The Department also
has received several questions concerning the types of new multifamily
dwellings that are subject to compliance with the design and
construction requirements of the Fair Housing Act. Given the wide
variety in the types of multifamily dwellings and the types of dwelling
units, and the continual introduction into the housing market of new
building and interior designs, it was not possible for the Department
to prepare accessibility guidelines that would address every housing
type or housing design. Although the Guidelines cannot address every
housing design, it is the Department's intention to assist the public
in complying with the design and construction requirements of the Fair
Housing Act through workshops and seminars, telephone assistance,
written replies to written inquiries, and through the publication of
documents such as this one. The Department has contracted for the
preparation of a design manual that will further explain and illustrate
the Fair Housing Act Accessibility Guidelines.
The questions and answers set forth in this notice address the
issues most frequently raised by the public with respect to types of
multifamily dwellings subject to the design and construction
requirements of the Fair Housing Act, and the technical specifications
contained in the Guidelines.
The question and answer format is divided into two sections.
Section 1, entitled ``Dwellings Subject to the New Construction
Requirements of the Fair Housing Act'' addresses the issues raised in
connection with the types of multifamily dwellings (including portions
of such dwellings) constructed for first occupancy after March 13,
1991, that must comply with the Act's design and construction
requirements. Section 2, entitled ``Accessibility Guidelines,''
addresses the issues raised in connection with the design and
construction specifications set forth in the Guidelines.
Dated: March 23, 1994.
Roberta Achtenberg,
Assistant Secretary for Fair Housing and Equal Opportunity.
Accordingly, the Department adds the ``Questions and Answers about
the Fair Housing Accessibility Guidelines'' as Appendix IV to 24 CFR
Chapter I, Subchapter A to read as follows:
Appendix IV to Subchapter A--Questions and Answers About the Fair
Housing Accessibility Guidelines
Introduction
On March 6, 1991 (56 FR 9472), the Department published final Fair
Housing Accessibility Guidelines (Guidelines). (The Guidelines are
codified at 24 CFR Ch. I, Subch. A, App. II.) The Guidelines provide
builders and developers with technical guidance on how to comply with
the accessibility requirements of the Fair Housing Amendments Act of
1988 (Fair Housing Act) that are applicable to certain multifamily
dwellings designed and constructed for first occupancy after March 13,
1991. Since publication of the Guidelines, the Department has received
many questions regarding the applicability of the technical
specifications set forth in the Guidelines to certain types of new
multifamily dwellings and certain types of units within covered
multifamily dwellings. The Department also has received several
questions concerning the types of new multifamily dwellings that are
subject to the design and construction requirements of the Fair Housing
Act.
The questions and answers contained in this document address some
of the issues most frequently raised by the public with respect to the
types of multifamily dwellings subject to the design and construction
requirements of the Fair Housing Act, and the technical specifications
contained in the Guidelines.
The issues addressed in this document are addressed only with
respect to the application of the Fair Housing Act and the Guidelines
to dwellings which are ``covered multifamily dwellings'' under the Fair
Housing Act. Certain of these dwellings, as well as certain public and
common use areas of such dwellings, may also be covered by various
other laws, such as section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794); the Architectural Barriers Act of 1968 (42 U.S.C. 4151
through 4157); and the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 through 12213).
Section 504 applies to programs and activities receiving federal
financial assistance. The Department's regulations for section 504 are
found at 24 CFR part 8.
The Architectural Barriers Act applies to certain buildings
financed in whole or in part with federal funds. The Department's
regulations for the Architectural Barriers Act are found at 24 CFR
parts 40 and 41.
The Americans with Disabilities Act (ADA) is a broad civil rights
law guaranteeing equal opportunity for individuals with disabilities in
employment, public accommodations, transportation, State and local
government services, and telecommunications. The Department of Justice
is the lead federal agency for implementation of the ADA and should be
contacted for copies of relevant ADA regulations.
The Department has received a number of questions regarding
applicability of the ADA to residential housing, particularly with
respect to title III of the ADA, which addresses accessibility
requirements for public accommodations. The Department has been asked,
in particular, if public and common use areas of residential housing
are covered by title III of the ADA. Strictly residential facilities
are not considered places of public accommodation and therefore would
not be subject to title III of the ADA, nor would amenities provided
for the exclusive use of residents and their guests. However, common
areas that function as one of the ADA's twelve categories of places of
public accommodation within residential facilities are considered
places of public accommodation if they are open to persons other than
residents and their guests. Rental offices and sales office for
residential housing, for example, are by their nature open to the
public, and are places of public accommodation and must comply with the
ADA requirements in addition to all applicable requirements of the Fair
Housing Act.
As stated above, the remainder of this notice addresses issues most
frequently raised by the public with respect to the types of
multifamily dwellings subject to the design and construction
requirements of the Fair Housing Act, and the technical specifications
contained in the Guidelines.
Section 1: Dwellings Subject to the New Construction Requirements of
the Fair Housing Act
The issues addressed in this section concern the types of
multifamily dwellings (or portions of such dwellings) designed and
constructed for first occupancy after March 13, 1991 that must comply
with the design and construction requirements of the Fair Housing Act.
1. Townhouses
(a) Q. Are townhouses in non-elevator buildings which have
individual exterior entrances required to be accessible?
A. Yes, if they are single-story townhouses. If they are multistory
townhouses, accessibility is not required. (See the discussion of
townhouses in the preamble to the Guidelines under ``Section 2--
Definitions [Covered Multifamily Dwellings]'' at 56 FR 9481, March 6,
1991, or 24 CFR Ch. I, Subch. A, App. III.)
(b) Q. Does the Fair Housing Act cover four one-story dwelling
units that share common walls and have individual entrances?
A. Yes. The Fair Housing Act applies to all units in 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. This would include one-story
homes, sometimes called ``single-story townhouses,'' ``villas,'' or
``patio apartments,'' regardless of ownership, even though such homes
may not be considered multifamily dwellings under various building
codes.
(c) Q. What if the single-story dwelling units are separated by
firewalls?
A. The Fair Housing Act would still apply. The Guidelines define
covered multifamily dwellings to include buildings having four or more
units within a single structure separated by firewalls.
2. Commercial Space
Q. If a building includes three residential dwelling units and one
or more commercial spaces, is the building a ``covered multifamily
dwelling'' under the Fair Housing Act?
A. No. Covered multifamily dwellings are 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. Commercial space does not
meet the definition of ``dwelling unit.'' Note, however, that title III
of the ADA applies to public accommodations and commercial facilities,
therefore an independent determination should be made regarding
applicability of the ADA to the commercial space in such a building.
(See the introduction to these questions and answers, which provides
some background on the ADA.)
3. Condominiums
(a) Q. Are condominiums covered by the Fair Housing Act?
A. Yes. Condominiums in covered multifamily dwellings are covered
by the Fair Housing Act. The Fair Housing Act makes no distinctions
based on ownership.
(b) Q. If a condominium is pre-sold as a shell and the interior is
designed and constructed by the buyer, are the Guidelines applicable?
A. Yes. The Fair Housing Act applies to design and construction of
covered multifamily dwellings, regardless of whether the person doing
the design and construction is an architect, builder, or private
individual. (See discussion of condominiums in the preamble to
Guidelines under ``Section 2--Definitions [Dwelling Units]'' at 56 FR
9481, March 6, 1991, or 24 CFR Ch. I, Subch. A, App. III.)
4. Additions
(a) Q. If an owner adds four or more dwelling units to an existing
building, are those units covered by the Fair Housing Act?
A. Yes, provided that the units constitute a new addition to the
building and not substantial rehabilitation of existing units.
(b) Q. What if new public and common use spaces are also being
added?
A. If new public and common use areas or buildings are also added,
they are required to be accessible.
(c) Q. If the only new construction is an addition consisting of
four or more dwelling units, would the existing public and common use
spaces have to be made accessible?
A. No, existing public and common use areas would not have to be
made accessible. The Fair Housing Act applies to new construction of
covered multifamily dwellings. (See section 804(f)(3)(C)(i) of the
Act.) Existing public and common use facilities are not newly
constructed portions of covered multifamily dwellings. However,
reasonable modifications to the existing public and common use areas to
provide access would have to be allowed, and the Americans with
Disabilities Act (ADA) may apply to certain public and common use
areas. An independent determination should be made regarding
applicability of the ADA. (See the introduction to these questions and
answers, which provides some background on the ADA.)
5. Units Over Parking
(a) Q. Plans for a three-story building consist of a common parking
area with assigned stalls on grade as the first story, and two stories
of single-story dwelling units stacked over the parking. All of the
stories above the parking level are to be accessed by stairways. There
are no elevators planned to be in the building. Would the first story
of single-story dwelling units over the parking level be required to be
accessible?
A. Yes. The Guidelines adopt and amplify the definition of ``ground
floor'' found in HUD's regulation implementing the Fair Housing Act
(see 24 CFR 100.201) to indicate that ``* * * where the first floor
containing dwelling units is above grade, all units on that floor must
be served by a building entrance on an accessible route. This floor
will be considered to be a ground floor.'' (See definition of ``ground
floor'' in the Guidelines at 24 CFR Ch. I, Subch. A, App. II, Section
2.) Where no dwelling units in a covered multifamily dwelling are
located on grade, the first floor with dwelling units will be
considered to be a ground floor, and must be served by a building
entrance on an accessible route. However, the definition of ``ground
floor'' does not require that there be more than one ground floor.
(b) Q. If a building design contains a mix of single-story flats on
grade and single-story flats located above grade over a public parking
area, do the flats over the parking area have to be accessible?
A. No. In the example in the above question, because some single-
story flats are situated on grade, these flats would be the ground
floor dwelling units and would be required to be accessible. The
definition of ground floor in the Guidelines states, in part, that
``ground floor means a floor of a building with a building entrance on
an accessible route. A building may have one or more ground floors * *
*.'' Thus, the definition includes situations where the design plan is
such that more than one floor of a building may be accessed by means of
an accessible route (for an example, see Question 6, which follows).
There is no requirement in the Department's regulations implementing
the Fair Housing Act that there be more than one ground floor.
6. More Than One Ground Floor
Q. If a two or three story building is to be constructed on a
slope, such that the lowest story can be accessed on grade on one side
of the building and the second story can be accessed on grade on the
other side of the building, do the dwelling units on both the first and
second stories have to be made accessible?
A. Yes. By defining ``ground floor'' to be any floor of a building
with an accessible entrance on an accessible route, the Fair Housing
Act regulations recognize that certain buildings, based on the site and
the design plan, have more than one story which can be accessed at or
near grade. In such cases, if more than one story can be designed to
have an accessible entrance on an accessible route, then all such
stories should be so designed. Each story becomes a ground floor and
the dwelling units on that story must meet the accessibility
requirements of the Act. (See the discussion on this issue in Question
12 of this document.)
7. Continuing Care Facilities
Q. Do the new construction requirements of the Fair Housing Act
apply to continuing care facilities which incorporate housing, health
care and other types of services?
A. The new construction requirements of the Fair Housing Act would
apply to continuing care facilities if the facility includes at least
one building with four or more dwelling units. Whether a facility is a
``dwelling'' under the Act depends on whether the facility is to be
used as a residence for more than a brief period of time. As a result,
the operation of each continuing care facility must be examined on a
case-by-case basis to determine whether it contains dwellings. Factors
that the Department will consider in making such an examination
include, but are not limited to: (1) the length of time persons stay in
the project; (2) whether policies are in effect at the project that are
designed and intended to encourage or discourage occupants from forming
an expectation and intent to continue to occupy space at the project;
and (3) the nature of the services provided by or at the project.
8. Evidence of First Occupancy
Q. The Fair Housing Act applies to covered multifamily dwellings
built for first occupancy after March 13, 1991. What is acceptable
evidence of ``first occupancy''?
A. The determination of first occupancy is made on a building by
building basis. The Fair Housing Act regulations provide that ``covered
multifamily dwellings shall be deemed to be designed and constructed
for first occupancy on or before March 13, 1991 (and therefore exempt
from the Act's accessibility requirements) if they are occupied by that
date or if the last building permit or renewal thereof for the covered
multifamily dwellings is issued by a State, county or local government
on or before June 15, 1990.''
For buildings that did not obtain the final building permit on or
before June 15, 1990, proof of the date of first occupancy consists of
(1) a certificate of occupancy, and (2) a showing that at least one
dwelling unit in the building actually was occupied by March 13, 1991.
For example, a tenant has signed a lease and has taken possession of a
unit. The tenant need not have moved into the unit, but the tenant must
have taken possession so that, if desired, he or she could have moved
into the building by March 13, 1991. For dwelling units that were for
sale, this means that the new owner had completed settlement and taken
possession of the dwelling unit by March 13, 1991. Once again, the new
owner need not have moved in, but the owner must have been in
possession of the unit and able to move in, if desired, on or before
March 13, 1991. A certificate of occupancy alone would not be an
acceptable means of establishing first occupancy, and units offered for
sale, but not sold, would not meet the test for first occupancy.
9. Converted Buildings
Q. If a building was used previously for a nonresidential purpose,
such as a warehouse, office building, or school, and is being converted
to a multifamily dwelling, must the building meet the requirements of
the Fair Housing Act?
A. No, the Fair Housing Act applies to ``covered multifamily
dwellings for first occupancy after'' March 13, 1991, and the Fair
Housing Act regulation defines ``first occupancy'' as ``a building that
has never before been used for any purpose.'' (See 24 CFR 100.201, for
the definition of ``first occupancy,'' and also 24 CFR Ch. I, Subch. A,
App. I.)
Section 2: Accessibility Guidelines
The issues addressed in this section concern the technical
specifications set forth in the Fair Housing Accessibility Guidelines.
Requirement 1--Accessible Entrance on an Accessible Route
10. Accessible Routes to Garages
(a) Q. Is it necessary to have an accessible path of travel from a
subterranean garage to single-story covered multifamily dwellings built
on top of the garage?
A. Yes. The Fair Housing Act requires that there be an accessible
building entrance on an accessible route. To satisfy Requirement 1 of
the Guidelines, there would have to be an accessible route leading to
grade level entrances serving the single-story dwelling units from a
public street or sidewalk or other pedestrian arrival point. The below
grade parking garage is a public and common use facility. Therefore,
there must also be an accessible route from this parking area to the
covered dwelling units. This may be provided either by a properly
sloped ramp leading from the below grade parking to grade level, or by
means of an elevator from the parking garage to the dwelling units.
(b) Q. Does the route leading from inside a private attached garage
to the dwelling unit have to be accessible?
A. No. Under Requirement 1 of the Guidelines, there must be an
accessible entrance to the dwelling unit on an accessible route.
However, this route and entrance need not originate inside the garage.
Most units with attached garages have a separate main entry, and this
would be the entrance required to be accessible. Thus, if there were
one or two steps inside the garage leading into the unit, there would
be no requirement to put a ramp in place of the steps. However, the
door connecting the garage and dwelling unit would have to meet the
requirements for usable doors.
11. Site Impracticality Tests
(a) Q. Under the individual building test, how is the second step
of the test performed, which involves measuring the slope of the
finished grade between the entrance and applicable arrival points?
A. The slope is measured at ground level from the entrance to the
top of the pavement of all vehicular and pedestrian arrival points
within 50 feet of the planned entrance, or, if there are none within 50
feet, the vehicular or pedestrian arrival point closest to the planned
entrance.
(b) Q. Under the individual building test, at what point of the
planned entrance is the measurement taken?
A. On a horizontal plane, the center of each individual doorway
should be the point of measurement when measuring to an arrival point,
whether the doorway is an entrance door to the building or an entrance
door to a unit.
(c) Q. The site analysis test calls for a calculation of the
percentage of the buildable areas having slopes of less than 10
percent. What is the definition of ``buildable areas''?
A. The ``buildable area'' is any area of the lot or site where a
building can be located in compliance with applicable codes and zoning
regulations.
12. Second Ground Floors
(a) Q. The Department's regulation for the Fair Housing Act
provides that there can be more than one ground floor in a covered
multifamily dwelling (such as a three-story building built on a slope
with three stories at and above grade in front and two stories at grade
in back). How is the individual building test performed for additional
stories, to determine if those stories must also be treated as ``ground
floors''?
A. For purposes of determining whether a non-elevator building has
more than one ground floor, the point of measurement for additional
ground floors, after the first ground floor has been established, is at
the center of the entrance (building entrance for buildings with one or
more common entrance and each dwelling unit entrance for buildings with
separate ground floor unit entrances) at floor level for that story.
(b) Q. What happens if a builder deliberately manipulates the grade
so that a second story, which also might have been treated as a ground
floor, requires steps?
A. Deliberate manipulation of the height of the finished floor
level to avoid the requirements of the Fair Housing Act would serve as
a basis for the Department to determine that there is reasonable cause
to believe that a discriminatory housing practice has occurred.
Requirement 2--Public and Common Use Areas
13. No Covered Dwellings
Q. Are the public and common use areas of a newly constructed
development that consists entirely of buildings having four or more
multistory townhouses, with no elevators, required to be accessible?
A. No. The Fair Housing Act applies only to new construction of
covered multifamily dwellings. Multistory townhouses, provided that
they meet the definition of ``multistory'' in the Guidelines, are not
covered multifamily dwellings if the building does not have an
elevator. (See discussion of townhouses in the preamble to the
Guidelines under ``Section 2--Definitions [Covered Multifamily
Dwellings]'' at 56 FR 9481, March 6, 1991, or 24 CFR Ch. I, Subch. A,
App. III.) If there are no covered multifamily dwellings on a site,
then the public and common use areas of the site are not required to be
accessible. However, the Americans with Disabilities Act (ADA) may
apply to certain public and common use areas. Again, an independent
determination should be made regarding applicability of the ADA. (See
the introduction to these questions and answers, which provides some
background on the ADA.)
14. Parking Spaces and Garages
(a) Q. How many resident parking spaces must be made accessible at
the time of construction?
A. The Guidelines provide that a minimum of two percent of the
parking spaces serving covered dwelling units be made accessible and
located on an accessible route to wheelchair users. Also, if a resident
requests an accessible space, additional accessible parking spaces
would be necessary if the two percent are already reserved.
(b) Q. If both open and covered parking spaces are provided, how
many of each type must be accessible?
A. The Guidelines require that accessible parking be provided for
residents with disabilities on the same terms and with the full range
of choices, e.g., surface parking or garage, that are provided for
other residents of the project. Thus, if a project provides different
types of parking such as surface parking, garage, or covered spaces,
some of each must be made accessible. While the total parking spaces
required to be accessible is only two percent, at least one space for
each type of parking should be made accessible even if this number
exceeds two percent.
(c) Q. If a project having covered multifamily dwellings provides
parking garages where there are several individual garages grouped
together either in a separate area of the building (such as at one end
of the building, or in a detached building), for assignment or rental
to residents, are there any requirements for the inside dimensions of
these individual parking garages?
A. Yes. These garages would be public and common use space, even
though the individual garages may be assigned to a particular dwelling
unit. Therefore, at least two percent of the garages should be at least
14' 2'' wide and the vehicular door should be at least 10'-0'' wide.
(d) Q. If a covered multifamily dwelling has a below grade common
use parking garage, is there a requirement for a vertical clearance to
allow vans to park?
A. This issue was addressed in the preamble to the Guidelines, but
continues to be a frequently asked question. (See the preamble to the
Guidelines under the discussion of ``Section 5--Guidelines for
Requirement 2'' at 56 FR 9486, March 6, 1991, or 24 CFR Ch. I, Subch.
A, App. III.) In response to comments from the public that the
Guidelines for parking specify minimum vertical clearance for garage
parking, the Department responded:
No national accessibility standards, including UFAS, require
particular vertical clearances in parking garages. The Department
did not consider it appropriate to exceed commonly accepted
standards by including a minimum vertical clearance in the Fair
Housing Accessibility Guidelines, in view of the minimal
accessibility requirements of the Fair Housing Act.
Since the Guidelines refer to ANSI A117.1 1986 for the standards to
follow for public and common use areas, and since the ANSI does not
include a vertical clearance for garage parking, the Guidelines
likewise do not. (Note: UFAS is the Uniform Federal Accessibility
Standard.)
15. Public Telephones
Q. If a covered multifamily dwelling has public telephones in the
lobby, what are the requirements for accessibility for these
telephones?
A. The requirements governing public telephones are found in Item
#14, ``Common use spaces and facilities,'' in the chart under
Requirement 2 of the Guidelines. While the chart does not address the
quantity of accessible public telephones, at a minimum, at least one
accessible telephone per bank of telephones would be required. The
specifications at ANSI 4.29 would apply.
Requirement 3--Usable Doors
16. Required Width
Q. Will a standard hung 32-inch door provide sufficient clear width
to meet the requirements of the Fair Housing Act?
A. No, a 32-inch door would not provide a sufficient clear opening
to meet the requirement for usable doors. A notation in the Guidelines
for Requirement 3 indicates that a 34-inch door, hung in the standard
manner, provides an acceptable nominal 32-inch clear opening.
17. Maneuvering Clearances and Hardware
Q. Is it correct that only the exterior side of the main entry door
of covered multifamily dwellings must meet the ANSI requirements?
A. Yes. The exterior side of the main entry door is part of the
public and common use areas and therefore must meet ANSI A117.1 1986
specifications for doors. These specifications include necessary
maneuvering clearances and accessible door hardware. The interior of
the main entry door is part of the dwelling unit and only needs to meet
the requirements for usable doors within the dwelling intended for user
passage, i.e., at least 32 inches nominal clear width, with no
requirements for maneuvering clearances and hardware. (See 56 FR 9487-
9488, March 6, 1991, or 24 CFR Ch. I, Subch. A, App. III.)
18. Doors to Inaccessible Areas
Q. Is it necessary to provide usable doors when the door leads to
an area of the dwelling that is not accessible, such as the door
leading down to an unfinished basement, or the door connecting a
single-story dwelling with an attached garage? (In the latter case,
there is a separate entrance door to the unit which is accessible.)
A. Yes. Within the dwelling unit, doors intended for user passage
through the unit must meet the requirements for usable doors. Such
doors would have to provide at least 32 inches nominal clear width when
the door is open 90 degrees, measured between the face of the door and
the stop. This will ensure that, if a wheelchair user occupying the
dwelling unit chooses to modify the unit to provide accessibility to
these areas, such as installing a ramp from the dwelling unit into the
garage, the door will be sufficiently wide to allow passage. It also
will allow passage for people using walkers or crutches.
Requirement 4--Accessible Route Into and Through the Unit
19. Sliding Door
Q. If a sliding door track has a threshold of \3/4\'', does this
trigger requirements for ramps?
A. No. The Guidelines at Requirement 4 provide that thresholds at
doors, including sliding door tracks, may be no higher than \3/4\'' and
must be beveled with a slope no greater than 1:2.
20. Private Attached Garages
(a) Q. If a covered multifamily dwelling has an individual, private
garage which is attached to and serves only that dwelling, does the
garage have to be accessible in terms of width and length?
A. Garages attached to and which serve only one covered multifamily
dwelling are part of that dwelling unit, and are not covered by
Requirement 2 of the Guidelines, which addresses accessible and usable
public and common use space. Because such individual garages attached
to and serving only one covered multifamily dwelling typically are not
finished living space, the garage is not required to be accessible in
terms of width or length. The answer to this question should be
distinguished from the answer to Question 14(c). Question 14(c)
addresses parking garages where there are several garages or stalls
located together, either in a separate, detached building, or in a
central area of the building, such as at one end. These types of
garages are not attached to, and do not serve, only one unit and are
therefore considered public and common use garages.
21. Split-Level Entry
Q. Is a dwelling unit that has a split entry foyer, with the foyer
and living room on an accessible route and the remainder of the unit
down two steps, required to be accessible if it is a ground floor unit
in a covered multifamily dwelling?
A. Yes. Under Requirement 4, there must be an accessible route into
and through the dwelling unit. This would preclude a split level foyer,
unless a properly sloped ramp can be provided.
Requirement 5--Environmental Controls
22. Range Hood Fans
Q. Must the switches on range hood kitchen ventilation fans be in
accessible locations?
A. No. Kitchen ventilation fans located on a range hood are
considered to be part of the appliance. The Fair Housing Act has no
requirements for appliances in the interiors of dwelling units, or the
switches that operate them. (See ``Guidelines for Requirement 5'' and
``Controls for Ranges and Cooktops'' at 56 FR 9490 and 9492, March 6,
1991, or 24 CFR Ch. I, Subch. A, App. III.)
Requirement 6--Reinforced Walls for Grab Bars
23. Type of Reinforcement
Q. What type of reinforcement should be used to reinforce bathroom
walls for the later installation of grab bars?
A. The Guidelines do not prescribe the type of material to use or
method of providing reinforcement for bathroom walls. The Guidelines
recognize that grab bar reinforcing may be accomplished in a variety of
ways, such as by providing plywood panels in the areas illustrated in
the Guidelines under Requirement 6, or by installing vertical
reinforcement in the form of double studs at the points noted on the
figures in the Guidelines. The builder/owners should maintain records
that reflect the placement of the reinforcing material, for later
reference by a resident who wishes to install a grab bar.
24. Type of Grab Bar
Q. What types of grab bars should the reinforcement be designed to
accommodate and what types may be used if the builder elects to install
grab bars in some units at the time of construction?
A. The Guidelines do not prescribe the type of product for grab
bars, or the structural strength for grab bars. The Guidelines only
state that the necessary reinforcement must be placed ``so as to permit
later installation of appropriate grab bars.'' (Emphasis added.) In
determining what is an appropriate grab bar, builders are encouraged to
look to the 1986 ANSI A117.1 standard, the standard cited in the Fair
Housing Act. Builders also may follow State or local standards in
planning for or selecting appropriate grab bars.
Requirement 7--Usable Kitchens and Bathrooms
25. Counters and Vanities
Q. It appears from Figure 2(c) of the Guidelines (under Requirement
5) that there is a 34 inch height requirement for kitchen counters and
vanities. Is this true?
A. No. Requirement 7 addresses the requirement for usable kitchens
and bathrooms so that a person in a wheelchair can maneuver about the
space. The legislative history of the Fair Housing Act makes it clear
that the Congress intended that the Act affect ability to maneuver
within the space of the kitchen and bathroom, but not to require
fixtures, cabinetry or plumbing of adjustable design. Figure 2(c) of
the Guidelines is illustrating the maximum side reach range over an
obstruction. Because the picture was taken directly from the ANSI
A117.1 1986 standard, the diagram also shows the height of the
obstruction, which, in this picture, is a countertop. This 34 inch
height, however, should not be regarded as a requirement.
26. Showers
Q. Is a parallel approach required at the shower, as shown in
Figure 7(d) of the Guidelines?
A. Yes. For a 36'' x 36'' shower, as shown in Figure 7(d), a person
in a wheelchair would typically add a wall hung seat. Thus the parallel
approach as shown in Figure 7(d) is essential in order to be able to
transfer from the wheelchair to the shower seat.
27. Tub Controls
Q. Do the Guidelines set any requirements for the type or location
of bathtub controls?
A. No, except where the specifications in Requirement 7(2)(b) are
used. In that case, while the type of control is not specified, the
control must be located as shown in Figure 8 of the Guidelines.
28. Paragraph (b) Bathrooms
Q. If an architect or builder chooses to follow the bathroom
specifications in Requirement 7, Guideline 2, paragraph (b), where at
least one bathroom is designed to comply with the provisions of
paragraph (b), are the other bathrooms in the dwelling unit required to
have reinforced walls for grab bars?
A. Yes. Requirement 6 of the Guidelines requires reinforced walls
in bathrooms for later installation of grab bars. Even though
Requirement 6 was not repeated under Requirement 7--Guideline 2, it is
a separate requirement which must be met in all bathrooms. The same
would be true for other Requirements in the Guidelines, such as
Requirement 5, which applies to usable light switches, electrical
outlets, thermostats and other environmental controls; Requirement 4
for accessible route; and Requirement 3 for usable doors.
29. Bathroom Clear Floor Space
Q. Is it acceptable to design a bathroom with an in-swinging 2'10''
door which can be retrofitted to swing out in order to provide the
necessary clear floor space in the bathroom?
A. No. The requirements in the Guidelines must be included at the
time of construction. Thus, for a bathroom, there must be sufficient
maneuvering space and clear floor space so that a person using a
wheelchair or other mobility aid can enter and close the door, use the
fixtures and exit.
30. Lavatories
Q. Would it be acceptable to use removable base cabinets beneath a
wall-hung lavatory where a parallel approach is not possible?
A. Yes. The space under and around the cabinet should be finished
prior to installation. For example, the tile or other floor finish must
extend under the removable base cabinet.
31. Wing Walls
Q. Can a water closet (toilet) be located in an alcove with a wing
wall?
A. Yes, as long as the necessary clear floor space shown in Figure
7(a) is provided. This would mean that the wing wall could not extend
beyond the front edge of a lavatory located on the other side of the
wall from the water closet.
32. Penalties
Q. What types of penalties or monetary damages will be assessed if
covered multifamily dwellings are found not to be in compliance with
the Fair Housing Act?
A. Under the Fair Housing Act, if an administrative law judge finds
that a respondent has engaged in or is about to engage in a
discriminatory housing practice, the administrative law judge will
order appropriate relief. Such relief may include actual and
compensatory damages, injunctive or other equitable relief, attorney's
fees and costs, and may also include civil penalties ranging from
$10,000 for the first offense to $50,000 for repeated offenses. In
addition, in the case of buildings which have been completed,
structural changes could be ordered, and an escrow fund might be
required to finance future changes.
Further, a Federal district court judge can order similar relief
plus punitive damages as well as civil penalties for up to $100,000 in
an action brought by a private individual or by the U.S. Department of
Justice.
[FR Doc. 94-15501 Filed 6-27-94; 8:45 am]
BILLING CODE 4210-28-P
