Does FHA financing require design under UFAS?

[khsmith55]

Given four two story, non-elevator, R-2 apartment buildings with 8 units on each floor constructed under the 2006 IBC. The UBC requires all ground floor units to be Type B accessible except for two Type A accessible units (2% of 64 units). The owner will be applying for FHA financing, will this require the buildings to be designed under UFAS Standards also? UFAS reads;

1. PURPOSE.
This document sets standards for facility accessibility by physically handicapped persons for Federal and federally-funded facilities. These standards are to be applied during the design, construction, and alteration of buildings and facilities to the extent required by the Architectural Barriers Act of 1968, as amended.

Would the FHA financing be considered a federally-funded facility even though there is not any federal, state or government "grants" or funds being used.
Thanks in advance,
Ken

 

[Msradell]

I'm guessing the answer will be that they will be required to meet the UFAS standards. FHA is a federal agency, the fact that they guarantee a loan and fund it means that in reality they are loaning money for the project and guaranteeing the project will be paid for.

The FHA became a part of the Department of Housing and Urban Development's (HUD) Office of Housing in 1965 so they are definitely a federal agency.

 

[mark handler]

HUD recognizes ten safe harbors for compliance with the Fair Housing Act's design and construction requirements. They are:

HUD Fair Housing Accessibility Guidelines published on March 6, 1991 and the Supplemental Notice to Fair Housing Accessibility Guidelines: Questions and Answers about the Guidelines, published on June 28, 1994.

HUD Fair Housing Act Design Manual

ANSI A117.1 (1986), used with the Fair Housing Act, HUD's regulations, and the Guidelines.

CABO/ANSI A117.1 (1992), used with the Fair Housing Act, HUD's regulations, and the Guidelines.

ICC/ANSI A117.1 (1998), used with the Fair Housing Act, HUD's regulations, and the Guidelines.

Code Requirements for Housing Accessibility 2000 (CRHA).

International Building Code 2000 as amended by the 2001 Supplement to the International Codes.

International Building Code 2003, with one condition*.

ICC/ANSI A117.1 - 2003 (Accessible and Usable Buildings and Facilities)

2006 International Building Code® (loose leaf)

* Effective February 28, 2005 HUD determined that the IBC 2003 is a safe harbor, conditioned upon ICC publishing and distributing a statement to jurisdictions and past and future purchasers of the 2003 IBC stating, "ICC interprets Section 1104.1, and specifically, the exception to Section 1104.1, to be read together with Section 1107.4, and that the Code requires an accessible pedestrian route from site arrival points to accessible building entrances, unless site impracticality applies. Exception 1 to Section 1107.4 is not applicable to site arrival points for any Type B dwelling units because site impracticality is addressed under Section 1107.7."

HUD's adoption of these standards is found in the Preamble to the Fair Housing Act Design Manual (1998). Information about how to get copies of the above standards is found elsewhere on this website.

 

[Yikes]

You say FHA "financing": if it is merely FHA-backed mortgage insurance, no UFAS compliance required.
If it is FHA financing, such as the FHA 221(d)(3) program, then yes, in my opinion UFAS compliance is required because it provides a federal benefit to the project in the form of a below-market interest rate (BMIR) loan.

In any case, you will also need to comply with the Fair Housing Act Design Manual.

 

[Paul Sweet]

UFAS has been superseded by ADASAD 2010 (the updated ADAAG)
https://www.access-board.gov/guidel...a-standards/ada-standards/single-file-version
.

 

[mark handler]

UFAS has been superseded by ADASAD 2010 (the updated ADAAG)
https://www.access-board.gov/guidel...a-standards/ada-standards/single-file-version
.

Unless it is non-commercial residential (apartments, condos, townhouses)
Original post says apartments, so it will be under the Fair Housing Act Guidelines. see my post above...