hughdint
Member
I was wondering is anyone else has had this issue come up.
I am in a state that has adopted ANSI/ICC A117.1-2003 as its Accessibility Code.
I have a 3rd party HC consultant that keeps holding us to the Fair Housing Act Design Manual (aka FHA Guidelines) because he says it is federal law.
If you read the actual Fair Housing Act and read the plain language interpretation (Federal Register in the back of the guidelines) it is clear that If you apply ANSI or a state code that addresses the seven accessibility items, then you are in compliance with the Fair Housing Act.
Sections 4 and 5 from the Fair Housing Act (actual law):
I am in a state that has adopted ANSI/ICC A117.1-2003 as its Accessibility Code.
I have a 3rd party HC consultant that keeps holding us to the Fair Housing Act Design Manual (aka FHA Guidelines) because he says it is federal law.
If you read the actual Fair Housing Act and read the plain language interpretation (Federal Register in the back of the guidelines) it is clear that If you apply ANSI or a state code that addresses the seven accessibility items, then you are in compliance with the Fair Housing Act.
Sections 4 and 5 from the Fair Housing Act (actual law):
(4) Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically handicapped people (commonly cited as "ANSI A117.1") suffices to satisfy the requirements of paragraph (3)(C)(iii).
(5)
(A) If a State or unit of general local government has incorporated into its laws the requirements set forth in paragraph (3)(C), compliance with such laws shall be deemed to satisfy the requirements of that paragraph.
(B) A State or unit of general local government may review and approve newly constructed covered multifamily dwellings for the purpose of making determinations as to whether the design and construction requirements of paragraph (3)(C) are met.
For reference the "seven items" from section (3)(C):(5)
(A) If a State or unit of general local government has incorporated into its laws the requirements set forth in paragraph (3)(C), compliance with such laws shall be deemed to satisfy the requirements of that paragraph.
(B) A State or unit of general local government may review and approve newly constructed covered multifamily dwellings for the purpose of making determinations as to whether the design and construction requirements of paragraph (3)(C) are met.
(C) in connection with the design and construction of covered multifamily dwellings for first occupancy after the date that is 30 months after the date of enactment of the Fair Housing Amendments Act of 1988, a failure to design and construct those dwelling in such a manner that--
(i) the public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons;
(ii) all the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and
(iii) all premises within such dwellings contain the following features of adaptive design:
(I) an accessible route into and through the dwelling;
(II) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
(III) reinforcements in bathroom walls to allow later installation of grab bars; and
(IV) usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.
Surely if a state has adopted a version of ANSI as its accessibility code and we follow that, then we fully compliant with the Fair Housing Act, right? I know that following both could be a "better safe than sorry" type approach, but I really want to know once and for all what is actually correct.(i) the public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons;
(ii) all the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and
(iii) all premises within such dwellings contain the following features of adaptive design:
(I) an accessible route into and through the dwelling;
(II) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
(III) reinforcements in bathroom walls to allow later installation of grab bars; and
(IV) usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.