HANDICAPPED ACCESSIBILITY TOOLKIT - UPDATE By: Mike Ferguson, P.E. Director of Engineering Services Updated and Re-Issued September 9, 2014

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1 HANDICAPPED ACCESSIBILITY TOOLKIT - UPDATE By: Mike Ferguson, P.E. Director of Engineering Services Updated and Re-Issued September 9, 2014 Based upon recent discussion and feedback from several clients, we are re-issuing this guide. This is a very important topic in multifamily business today. As you read through this document you should ask yourself, how much will any of these Fair Housing Act (FHA) issues cost to rectify? Well, if you are lucky, your only cost will be design and construction costs. If you are unlucky, you will have court costs, legal counsel costs (their billing rate is much greater than an architect and engineer combined), other fees (filing fees, deposition fees, expert witness fees), as well as the emotional cost. As time passes, more Department of Justice (DOJ) case studies pop up and the results of these cases vary. It is interesting how, even in today s environment, apartment complexes are still constructed and designed with glaring FHA flaws. This leads me to one of the most frequently asked questions of me by clients: why does a property constructed in the 2000s have FHA issues when it was designed by a licensed architect, reviewed and inspected by the local authorities, and issued its certificates of occupancy? There are many possible answers to this question: 1) potential design issues, 2) potential construction issues, or 3) poor inspection practices by the local authority and/or design architect. Even more troubling is that a recent DOJ case identified that a local building inspector was waiving FHA design requirements. Apparently, that is what was determined during the DOJ s investigation. What s difficult to fathom is the ruling that the inspector has zero liability and the owner of the property is responsible for all the costs: design, construction, and legal. As a PCNA provider, we discuss handicapped accessibility design and construction issues daily. Due to a myriad of reasons, accessibility guidelines are not easily understood. What guidelines apply? When do they apply? Where do they apply? These are examples of questions we receive on an almost daily occurrence, and we hear your frustrations. I have prepared this paper to help explain handicapped accessibility requirements in a multifamily property (other types of properties may require a higher level of accessibility) and the red flags that may indicate a much greater issue. The Fair Housing Act (FHA), the Americans with Disabilities Act (ADA), and the Uniform Federal Accessibility Standards (UFAS) are laws and standards that can apply to your project. In general, the design building blocks for each of the standards, as they relate to accessibility and spatial concerns, are similar. HUD recognizes ten (10) safe harbors or guidelines for compliance with the Fair Housing Act ( You can navigate for the UFAS and ADA guidelines. When D3G inspects a property, we do our best to determine what code was applied/required at the time of design and construction in order to properly determine compliance. The FHA applies to properties first occupied after March 13, 1991, which feature 4 or more dwelling units per building (single family homes, duplexes, triplexes, and townhomes are exempt from the requirements). Units with lofts or sunken areas are permitted by the FHA. If the FHA applies to a property, it covers the entire property: common areas, public areas, amenities, and all ground floor dwelling units (Note: there can be more than 1 ground floor level). If there is an elevator serving the entire building, then all dwelling units are required to comply with the FHA.

2 Then there is the site impracticality question to consider. Based on our experience, approximately less than 5% of the properties we have inspected had legitimate site (topographic) design issues. Often properties with inaccessible ground floor dwelling units are a result of poor design or construction issues that would need to be corrected. UFAS applies to properties that receive federal funding (i.e., Section 8, Section 202, TCAP, HAP contract). Voucher programs do not constitute federal funding. Similarly to the FHA, UFAS covers the entire property: common areas, public areas, amenities, and requires 5% of the dwelling units to be fully accessible. ADA applies to areas of public accommodation. Within a multifamily apartment complex, the ADA would apply to the leasing office, parking areas that serve the leasing office, and any public restrooms within the leasing office. The residents and their guests are not considered the public; therefore, the remaining areas of the property are not governed by the ADA. In general, all these accessibility design guidelines have been developed from the same building blocks. Over time, these guidelines have become more detailed, but they all address the same issues. A property constructed in 1995 and a property constructed in 2008 may have kitchens that look exactly the same, but the PCNA report only identifies an FHA issue within the property constructed in You must also remember that codes are generally adopted at the state level on their own time frame. D3G inspected a property out west that was constructed in 2004, but was designed under the Uniform Building Code 1997 Edition. The bottom line is that PCNA providers are required to determine the safe harbor used at the time of design/construction, and it is not easy. Now that you know what code/law/guideline applies, when it applies, and where it applies, let s inspect our property. The following examples illustrate the seven (7) requirements of the Fair Housing Act. Some of the following rules and/or dimensions noted may differ depending on the code/guideline that applies to your property. Please note that on May 27, 2014, HUD announced that it is now permitting developers of federally funded construction projects to use an alternative design standard to meet the accessibility requirements under Section 504 of the Rehabilitation Act of With few exceptions, developers may use the Americans with Disabilities Act (ADA) 2010 Standards for accessible design as an alternative to the Uniform Federal Accessibility Standards (UFAS) when undertaking new construction or alterations to existing structures on or after May 23, 2014.

3 Requirement 1 - Accessible Building Entrances on an Accessible Route Rule: Each building on a site shall have at least one building entrance on an accessible route. Example: When there is an elevation difference between a parking area and sidewalk, access must be provided either with ramps or curb cuts. Curb cuts or ramps must be located so that they cannot be obstructed by a parked car. If the access is serving a handicapped parking space, a ramp cannot extend into the access aisle, it must be flat, and clear of obstructions. Figure 1a Figure 1c Figure 1b Example: At least one accessible route must be provided to each building (see figure 1a). In buildings with individual dwelling unit entrances, accessible routes must be provided to each unit entrance. Accessible routes are also required from each building to each common area or amenity at the property (see figure 1b). Only if the topography of a property restricts the installation of an accessible route can a vehicular accessible route be utilized in lieu of a sidewalk (see figure 1c).

4 Accessible routes must be at least 36 inches wide and not have a slope greater than 1:20 (i.e., a 1 foot rise in a 20 foot length). If the slope exceeds 1:20, a ramp must be constructed. Ramps require railings on both sides and must not exceed a slope of 1:12 (i.e., 1 foot rise in 12 foot length). Accessibility guidelines are not only for the physically impaired, but also for the visually impaired. At any accessible route, clear head room of 80 inches must be maintained. In order to prevent someone from walking into any projection or obstacle, cane detection must be provided as shown above as railings beneath the open stairs. Often cane detection is forgotten at the underside of exposed stair assemblies. Partial Site Impracticality Test: Identify the building entrance or breezeway and any pedestrian arrival point (sidewalk) within 50 feet of the building entrance or breezeway. Imagine a straight line between these two points. If this line has a slope greater than 1:10 (over a 50 feet run that would be a 5 foot elevation difference), this building or building entrance may not need to comply with the FHA. If the slope is less than 1:10, then the building or dwelling unit must have been designed to comply with the FHA. This is a significant slope, 5 foot rise in 50 feet length, or 2 foot rise in 20 feet length. Please note that a true site impracticality test must be performed at

5 the design phase prior to construction. Existing and proposed grades must be considered, so that a designer, developer, or contractor does not create topographic issues. Requirement 2 - Accessible and Usable Public and Common Use Areas Rule: Any amenity or common area on a site must be made accessible to a person in a wheel chair. If you have more than one of the same amenities (.e.g., 2 playgrounds) at least 1 must be on an accessible route. All amenities and common areas should be on an accessible route from each building, if it is easily achieved (a relatively flat site should have sidewalks providing an accessible route throughout the property). See Requirement 1 above for more details. Requirement 3 - Usable doors (usable by a person in a wheelchair) Rule: In general, all doors to common or public areas, as well as all amenities and the entrance doors to all covered dwelling units must have a clear door opening of 32 inches minimum. Such doors must also feature hardware that does not require tight grasping and twisting to operate. In general, interior dwelling unit doors may feature a slightly smaller opening, a nominal 32 inch opening or 31-5/8. A standard 34 inch pre-hung door will provide the required nominal clear opening. In addition, doors must have a very low threshold, ¾ inches maximum. Non-compliant door threshold Compliant door threshold

6 Compliant unit entrance door Non-compliant patio door Accessible door hardware is required at all common area doors, leasing office, clubhouse, restrooms, etc. as well as on the entry doors to the covered dwelling units. The diagrams above illustrate how to properly measure the door opening.

7 Requirement 4 - Accessible Route into and Through the Covered Unit Rule: A 36 inch wide accessible route must be provided to and throughout the dwelling unit. Small level changes are permitted, sunken areas are permitted, and lofts are permitted. The accessible route can be reduced to 32 inches for short distances, which is why doors can provide a nominal 32 inch clear opening. All doors within the unit that are intended for user passage must provide the required clear opening, including walk-in closets. Requirement 5 - Light Switches, Electrical Outlets, Thermostats, and Other Environmental Controls in Accessible Locations Rule: Environmental controls must be located between 15 inches and 48 inches of the finished floor. Electrical outlets that are located in the floor are permitted so long as there is another outlet serving that same area in an accessible location.

8 Requirement 6 - Reinforced Walls for Grab Bars Rule: Wall blocking behind the drywall is required at specific locations around the toilet and tub/shower. Remember, wall blocking is required to be installed at the time of construction for the optional installation of grab bars at a later date. Grab bars are not required to be installed in covered dwelling units. Common area showers and toilets must feature the appropriate grab bars. Wall blocking is difficult to identify without destructive testing. Stud finders may help but can be unreliable.

9 Requirement 7 - Usable Kitchens and Bathrooms Kitchen Rule: Galley style kitchens require 40 inches of space between opposing cabinets, walls, appliances, and a 60 inch turning radius is required in U-shaped kitchens. The measurements should be taken from counter top edge and appliance door surfaces; however, appliance handles are excluded from the measurement.. A 30 x 48 inch clear floor space provided at each appliance is also required. Bathroom Rule: Bathrooms must have sufficient clear floor space so that a user in a wheelchair can enter the bathroom, use all fixtures, and close the door. Bathroom configurations are highly variable and each fixture, sink, toilet, and tub or shower must be looked at individually. When measuring the distances between opposing cabinets, appliances, or walls, you are to measure from the edge of the countertops and face of the appliance door, excluding the door handle.

10 It is required to feature the appropriate clear floor space at each individual fixture and have a clear floor space of 30 x 48 inches inside the bathroom that allows a person in a wheelchair to enter the bathroom and close the door behind him/her. The above bathroom layouts are some of the most typical layouts. Now that you have a general understanding of accessibility design issues, you should be able to identify red flags that may present problems during your financial transaction. If you would like additional or more specific information, please do not hesitate to contact me. You can contact me at m.ferguson@d3g.com with your thoughts, questions, or comments.