What s happening? What s changing?

Advanced Fair Housing Act OR The Seven Deadly Sins of the FHA What s happening? What s changing? Will it ever get updated? What Does it all Mean? What About the Other Codes? HELP! HELP! HELP! The attached information is for your review to let you know about the requirements of the State of Florida's and the Federal Fair Housing Act, the FACBC and the ADA. These materials are provided for informational purposes only and are intended to serve as a guide for the design professional. Users must bear any risks and/or liabilities associated with the use and/or interpretations of these materials and shall bear the sole responsibility to evaluate the information provided to form their own independent judgment as to using it. So be ready for accessibility compliance issues NOW! Compliments of Larry M. Schneider AIA

Technical Assistance Resources for the ADA - The Fair Housing Act and The Florida Accessibility Code for Building Construction - Chapter 11 of the Florida Building Code US Department of Justice Technical assistance regarding applicability of the ADA Title III and interpretations of legal questions regarding enforcement... 800-5140301 World Wide Web Home Page... www.ada.gov Regional Disability & Business Technical Assistance Center Local technical assistance regarding any aspect of the ADA..................... 800-9494232 US Architectural & Transportation Barriers Compliance Board (ACCESS BOARD) Technical assistance re: the technical criteria of the ADAAG.................... 800-USA-ABLE Phone.... 202-2725434 Fax... 202-2725447 World Wide Web Home Page...www.access-board.gov Equal Employment Opportunity Commission Technical assistance on the ADA Title I provisions applying to employment; also provides information on how to file ADA complaints. Employment questions... 800-6694000 (voice) or 800-6696820 (tty) Employment documents... 800-6693362 (voice) or 800-8003302 (tty) Job Accommodation Network (JAN) Offers employers advice on cost and means of making accommodations accessible Telephone....... 800-5267234(v/tty) ADA information line... 800-2329675 World Wide Web Home Page...http://janweb.icdi.wvu.edu Internal Revenue Service Provides information about tax code provisions including tax credits (section 44) and deductions (section 190) that can assist businesses in complying with the ADA Tax code information... 800-8291040 (voice)/ 800-8294059 (tty) World Wide Web Home Page... www.irs.gov Fair Housing Information Clearinghouse/HUD Web Site Provides Information Regarding the Fair Housing Act and Private Accessible Housing Order Design Manual... 800-7677468 World Wide Web Home Page... www.fairhousingfirst.org Florida Department of Community Affairs - Codes and Standards Section Responding to questions on the Florida Accessibility Code for Building Construction Telephone... 850-4871824 World Wide Web Home Page... www.floridabuilding.org Larry M. Schneider, AIA Accessibility Consultant Offers general accessibility consulting for the ADA, the Fair Housing Act and the Florida Accessibility Code for Building Construction Telephone... 786-3361984 Fax... 786-3361985 E-Mail... Larry@LMSArch.net February 2008 Compliments 0f Larry M. Schneider, AIA

THE RECOMMENDED TOOLS OF THE TRADE FOR ACCESSIBILITY SITE REVIEWS The recommended tools of the trade for accessibility site reviews are and can be found at the following places: 1. ADA tape measure by Starrett which is 25 foot which can be found at www.starrett.com or any tape measure (recommend a minimum of 25 feet). 2. The leveling device is a M-D Building Products 92379 24-Inch SmartTool with Module and Case by M-D Building Products. The current price is $109.99 and it can be found at www.toolcribofthenorth.com. The slope meter comes in a 6 inch, 2 foot, and 4 foot size. At a minimum we would recommend the 2-foot unit. Consider the 6-inch module also (for doing/reviewing curb work). 3. Door pressure gauge can be purchased from HMC, INT L DIV., INC., Littleton, Colorado. Phone number is 1-800-8484912, ext 4452. Need to fax in your order to 303-7943703 and you would be looking for model number DPG-PP 0-35 pound force range (estimated cost $30.00 each) - www.hmc-international.com 4. Digital camera. Model and style of your choice. 5. Consider a dictaphone or good old fashion pencil and paper. Compliments of Larry M. Schneider AIA Page 1 of 1 February 2008

COMPLIANCE WITH THE REQUIREMENTS OF THE FAIR HOUSING ACT SAFE HARBORS What are the ten "safe harbors" for compliance with the Fair Housing Act and where I can I find them? HUD recognizes ten safe harbors for compliance with the Fair Housing Act's design and construction requirements. They are: 1. 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. 2. HUD Fair Housing Act Design Manual 3. ANSI A117.1 (1986), used with the Fair Housing Act, HUD's regulations, and the Guidelines. 4. CABO/ANSI A117.1 (1992), used with the Fair Housing Act, HUD's regulations, and the Guidelines. 5. ICC/ANSI A117.1 (1998), used with the Fair Housing Act, HUD's regulations, and the Guidelines. 6. Code Requirements for Housing Accessibility 2000 (CRHA). 7. International Building Code 2000 as amended by the 2001 Supplement to the International Codes. 8. International Building Code 2003, with one condition*. 9. ICC/ANSI A117.1 (2003) used with the Fair Housing Act, HUD's regulations, and the Guidelines 10. International Building Code 2006, with the January 31, 2007 Errata * 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." Information about these safe harbors as well as HUD s policy with respect to their use may be found in Report of HUD Review of the Fair Housing Accessibility Requirements in the 2006 International Building Code. Compliments of Page 1 of 1 October 1, 2008 Larry M Schneider AIA

Florida s Fair Housing Act 2008 Florida State Statutes 760.20 760.23 760.20 Fair Housing Act; short title.--sections 760.20-760.37 may be cited as the "Fair Housing Act." 760.22 Definitions.--As used in ss. 760.20-760.37, the term: (1) "Commission" means the Florida Commission on Human Relations. (2) "Covered multifamily dwelling" means: (a) A building which consists of four or more units and has an elevator; or (b) The ground floor units of a building which consists of four or more units and does not have an elevator. 760.23 Discrimination in the sale or rental of housing and other prohibited practices (1) It is unlawful to refuse to sell or rent after the making of a bona fide offer, to refuse to negotiate for the sale or rental of, or otherwise to make unavailable or deny a dwelling to any person because of race, color, national origin, sex, handicap, familial status, or religion. (2) It is unlawful to discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, national origin, sex, handicap, familial status, or religion. (3) It is unlawful to make, print, or publish, or cause to be made, printed, or published, any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, national origin, sex, handicap, familial status, or religion or an intention to make any such preference, limitation, or discrimination. (4) It is unlawful to represent to any person because of race, color, national origin, sex, handicap, familial status, or religion that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available. (5) It is unlawful, for profit, to induce or attempt to induce any person to sell or rent any dwelling by a representation regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, national origin, sex, handicap, familial status, or religion. (6) The protections afforded under ss. 760.20-760.37 against discrimination on the basis of familial status apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years. (7) It is unlawful to discriminate in the sale or rental of, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of: (a) That buyer or renter; (b) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or Compliments of Page 1 of 3 October 1, 2008 Larry M Schneider AIA

Florida s Fair Housing Act 2008 Florida State Statutes 760.20 760.23 (c) Any person associated with the buyer or renter. (8) It is unlawful to discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of: (a) That buyer or renter; (b) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or (c) Any person associated with the buyer or renter. (9) For purposes of subsections (7) and (8), discrimination includes: (a) A refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises; or (b) A refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling. (10) Covered multifamily dwellings as defined herein which are intended for first occupancy after March 13, 1991, shall be designed and constructed to have at least one building entrance on an accessible route unless it is impractical to do so because of the terrain or unusual characteristics of the site as determined by commission rule. Such buildings shall also be designed and constructed in such a manner that: (a) The public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons. (b) All doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by a person in a wheelchair. (c) All premises within such dwellings contain the following features of adaptive design: 1. An accessible route into and through the dwelling. 2. Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations. 3. Reinforcements in bathroom walls to allow later installation of grab bars. 4. Usable kitchens and bathrooms such that a person in a wheelchair can maneuver about the space. Compliments of Page 2 of 3 October 1, 2008 Larry M Schneider AIA

Florida s Fair Housing Act 2008 Florida State Statutes 760.20 760.23 (d) Compliance with the appropriate requirements of the American National Standards Institute for buildings and facilities providing accessibility and usability for physically handicapped people, commonly cited as ANSI A117.1-1986, suffices to satisfy the requirements of paragraph (c). State agencies with building construction regulation responsibility or local governments, as appropriate, shall review the plans and specifications for the construction of covered multifamily dwellings to determine consistency with the requirements of this subsection. History.--s. 5, ch. 83-221; s. 2, ch. 84-117; s. 2, ch. 89-321. Compliments of Page 3 of 3 October 1, 2008 Larry M Schneider AIA

COMPLIANCE WITH THE REQUIREMENTS OF THE FAIR HOUSING ACT Units Covered by the Fair Housing Act The Fair Housing Act design and construction requirements apply to "covered multifamily dwellings" designed and constructed "for first occupancy" after March 13, 1991. A building was not designed or constructed for first occupancy if: It was occupied by March 13, 1991 If the last building permit or renewal of a building permit was issued on or before June 15, 1990 Buildings where the last building permit was issued on or before June 15, 1990 are not covered by the design and construction requirements. Even if the last building permit was issued after June 15, 1990, if the property was occupied before March 13, 1991, it is not covered. HUD adopted these dates to allow time for the requirements to be considered during the design and construction phase of new properties. The "first occupancy" language in the statute has been defined in HUD's Fair Housing Act regulations as "a building that has never before been used for any purpose." This means buildings that are rehabilitated are not covered by the design and construction requirements even if the rehabilitation occurs after March 13, 1991 and even if it is substantial rehabilitation. A dwelling unit includes: A single-family unit in buildings with four or more units An apartment A room in which people sleep even if they share kitchens or bathrooms, like transitional housing The design and construction requirements apply to "covered multifamily dwellings". Covered multifamily dwellings are: 1. All dwelling units in buildings containing four or more dwelling units if the buildings have one or more elevators AND 2. All ground floor units in other buildings containing four or more units, without an elevator. This includes housing that is for rental or for sale and applies whether the housing is privately or publicly funded. Condominiums and apartment buildings are covered by the design and construction requirements. So are time-shares, dormitories, transitional housing, homeless shelters that are used as a residence, student housing, assisted living housing, and others. Compliments of Page 1 of 1 October 1, 2008 Larry M Schneider AIA

COMPLIANCE WITH THE REQUIREMENTS OF THE FAIR HOUSING ACT In order to be in compliance with the Fair Housing Act, there are seven basic design and construction requirements that must be met. These requirements are: Requirement 1. An accessible building entrance on an accessible route. All covered multifamily dwellings must have at least one building entrance on an accessible route unless it is impractical to do so because of the terrain or unusual characteristics of the site. An accessible route means a continuous, unobstructed path connecting accessible elements and spaces within a building or site that can be negotiated by a person with a disability who uses a wheelchair, and that is also safe for and usable by people with other disabilities. An accessible entrance is a building entrance connected by an accessible route to public transit stops, accessible parking and passenger loading zones, or public streets and sidewalks. Requirement 2. Accessible common and public use areas. Covered housing must have accessible and usable public and common-use areas. Public and common-use areas cover all parts of the housing outside individual units. They include -- for example -- building-wide fire alarms, parking lots, storage areas, indoor and outdoor recreational areas, lobbies, mailrooms and mailboxes, and laundry areas. Requirement 3. Usable doors (usable by a person in a wheelchair). All doors that allow passage into and within all premises must be wide enough to allow passage by persons using wheelchairs. Requirement 4. Accessible route into and through the dwelling unit. There must be an accessible route into and through each covered unit. Requirement 5. Light switches, electrical outlets, thermostats and other environmental controls in accessible locations. Light switches, electrical outlets, thermostats and other environmental controls must be in accessible locations. Requirement 6. Reinforced walls in bathrooms for later installation of grab bars. Reinforcements in bathroom walls must be installed, so that grab bars can be added when needed. The law does not require installation of grab bars in bathrooms. Requirement 7. Usable kitchens and bathrooms. Kitchens and bathrooms must be usable - that is, designed and constructed so an individual in a wheelchair can maneuver in the space provided. Compliments of Page 1 of 1 October 1, 2008 Larry M Schneider AIA