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Can FHAG still be used?

Simonsays

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Joined
Mar 2, 2010
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68
Recently received a new multi-family that has been designed to conform to the requirements of the 1998 Fair Housing Accessibility Guidelines. Excuse me, but aren't they history, superseded by ICC/ANSI A117.1 - 03? It's not found under the referenced standards in chapter 35 of the 2006 IBC. Opinions, anyone?
 
Fair Housing Guidelines are Federal Law. A117.1-2003 is a safe harbor for FHA requirements. IBC is just a bunch of BS.
 
Fair Housing Accessibility Guidelines Is federal.

ICC/ANSI A117.1-03 is not.

Local AHJ has no authority to enforce The HUD Fair Housing Accessibility Guidelines.

The DOJ enforces the FHAG.
 
In Florida, the text of FHA [and ADAAG] form the basis of the accessibility code, and therefore what local officials enforce.

It's actually a really simple system.
 
I've occasionally had a city provide partial funding assistance for my multifamily housing projects (usually affordable housing).

In those instances, the city attorney or the city housing director will often ask the building official to perform a courtesy check for FHA compliance, since the city considers itself a partner to the owner of the project.

This is especially true on housing rehab projects, where newer California accessibility codes would simply not apply to existing facilities in a simple maintenance / rehab project. FHAG compliance is considered by city attorneys to be a reasonable good faith effort at providing accessible facilities.
 
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