Fair Housing Amendments Act - Basic Design Issues - Bill Hecker, AIA Accessibility Consultant Instructor in the Office of Executive Education Harvard Graduate School of Design October 30, 2014 FHAA Design Requirements Statutory Design/Construction Requirements: Accessible public and common-use areas Doors into and within covered dwelling units are wide enough to allow wheelchair passage Accessible route into and through covered units Light switches, electrical outlets, thermostats, etc are in accessible locations Grab bar reinforcement provided in bathrooms Usable kitchens and bathrooms There are no Design Standards, only HUD Safe Harbors 1
The 10 HUD Safe Harbors HUD's March 6, 1991 Fair Housing Accessibility Guidelines (the Guidelines), and the June 28, 1994 Supplemental Notice to Fair Housing Accessibility Guidelines: Questions and Answers about the Guidelines; ANSI A117.1 Published in 1986, 1992, 1998 or 2003. All used in conjunction with the Act and HUD's regulations, and the Guidelines; Code Requirements for Housing Accessibility 2000 (CRHA), approved and published by the International Code Council (ICC), October 2000; International Building Code 2000 (IBC) as amended by the IBC 2001 Supplement to the International Codes. International Building Code 2003 (IBC) w/ conditional statement. International Building Code 2006 (IBC) HUD s Fair Housing Act Design Manual revised 1998 FHA Guidelines Reqt. 1 - Accessible Building Entrance on an accessible route ANSI- 86 Reqt. 2 Accessible and Usable Public and Common- Use Areas ANSI- 86 Table Reqt. 3 - Accessible Route Into and Through the Unit Reqt. 4 - Doors Wide Enough for Wheelchair Passage Reqt. 5 - Light Switches, Environmental Controls in Accessible Locations Reqt. 6 - Reinforced Walls for Grab Bars Reqt. 7 - Usable Kitchens and Bathrooms 2
FHA Covered Units Only new multi-family dwellings constructed since March 13, 1991. All units in elevator buildings with 4 or more units. Ground floor units in non-elevator buildings with 4 or more units. Firewall Issue Common Error: Mistakenly assuming that fire walls that separate units and are frequently included in building codes for legally separating buildings will aid in determining the number of units in a covered dwelling. HUD does not recognize fire walls in structures when considering the number of units triggering FHAG coverage. 3
Connected Buildings Code Required Units vs. FHA Common Error: Assuming that compliance with local building code accessibility requirements for a few (typically 2%) of the units [commonly referred to as Hard HC or Type A units] exempts all other units and thus the facility fails to comply with the Fair Housing Act for all other covered units. 4
Townhouses vs. Flats Common Error: Failing to comply with accessibility & adaptability requirements for a one-story flat dwelling unit at the end of a series of multi-story townhouses. Live/Work Units Common Error: Failing to design Live/Work projects with 4 or more units such that the upstairs single story units are on an accessible route (via ramp or elevator) from site arrival points. HUD considers the lowest level of dwelling units as the ground floor, so in this scenario with a non-elevator building, the ground floor is the floor above the shops. 5
Custom Condo Units Common Error: Failing to comply with the Fair Housing Act design and construction requirements in new custom designed condominium units. This is even true if the unit is sold as a shell and a buyer has the interior designed and constructed to their specifications. 6
HUD Supplemental Q & A Common Error: Failing to read the regulatory commentary and the June 28, 1994 FHAG Supplement document from HUD that offer technical assistance through a question and answer format. Detailed review of 2% resident parking formula Garage dimensions (14-2 min width & 10 door) Private attached garage exemption Etc. Key Civil Design Issues Accessible routes to Covered Units Routes to Common-use Site Amenities Vehicular Exception Site Impracticality Options 7
FHAG Accessible Parking Only 2% of the parking serving covered dwelling units must be accessible and on an accessible route to the unit entrances. Sufficient number of visitor parking must serve the covered dwelling units, if visitor parking is provided. Accessible parking (1 or more) required at common-use facilities. FHAG Req t. 1: Approach Covered dwelling unit primary entrance must be on an accessible route from each of the site arrival points identified in the FHAG, if not impracticable. Public Transportation stops Accessible parking spaces (tenant/visitor) Accessible passenger loading zones Public streets or sidewalks 8
FHAG Req t. 2: Approach At least one entrance to public and common-use facilities must be on an accessible route from each of the site arrival points identified in the FHAG, if not impracticable. Public Transportation stops Accessible parking spaces (tenant/visitor) Accessible passenger loading zones Public streets or sidewalks Accessible Site Routes Must design and construct approach routes and common-use areas to be fully accessible. Typically: Cross slopes >2%, ramps/curb ramp >8.3% Protruding objects and low headroom (stairs) Inaccessible common-use toilet rooms Un-beveled level changes between ¼ -1/2 Lack of access aisles at accessible parking Knob hardware on doors Lack of common-use door maneuvering space Etc. 9
Common-Use Approach Routes Common Error: Failing to provide an accessible pedestrian route from covered dwelling units to common-use facilities required to be accessible. Pools, Tennis Courts and Fitness Centers Playgrounds, Picnic Areas, Gazebos, Meeting Rooms Mail Boxes, Game Rooms and Trash Facilities Laundry Room (only 1 required to be accessible) Leasing Offices, Business Centers, Etc. Recreation Facilities Common Error: Failing to provide sufficient accessible recreation facilities within a complex where there are multiple recreation facilities. If a pool or tennis court serves a particular building or cluster of buildings, then the rec. facility must be accessible and on an accessible route from the covered dwelling units. 10
Accessible Arrival & Approach Routes Exterior Side of Unit Entry Door Common Error: Failing to realize that the required accessible approach routes to covered dwelling units, including the exterior maneuvering space at primary entrance doors, are common-use areas and must be fully accessible. 11
Vehicular Route Exception Vehicular Route Exception Common Error: Misunderstanding the vehicular route exemption of the requirement for accessible pedestrian routes between covered dwellings and public/common use facilities. Specifically, failing to fully analyze the degree to which the owner has control over physical barriers and legal restrictions of the site before claiming the exemption from accessible routes. 12
Site Impracticality For sites with difficult terrain. Not applicable to buildings with elevator(s). Individual Building Test Site Analysis Test May not be used for a single multi-family housing building with only one entrance into the building. Never less than 20% of ground floor units must be accessible/adaptable regardless of impracticality. Individual Building Test Exempt if >10% slope between arrival points and entry in both existing and proposed grading. 50 Arc for route typical. Not Applicable to elevator buildings Site Impracticality 13
Site Impracticality Common Error: Assuming the 50 radius analysis applicable to the individual building test is also applicable to Part C of the site analysis test it is not applicable. Site Impracticality Common Error: Failing to consider all of the arrival points, particularly if one or more of the arrival points is outside the 50 radius of the covered dwelling entrance when doing the individual building test. 14
Site Impracticality Site Analysis Test Slopes must be certified by Surveyor, Architect, Landscape Architect or Engineer. Part A On topo plan, document total buildable area of undisturbed site with slopes <10%. Part B Take site area % from Part A and multiply by number of ground floor units. Part C Review proposed site plan and analyze Part B exempt units to confirm approach slopes are >8.3%. If not, must be on accessible route. Site Impracticality Site Analysis Case Study 60% of site with slopes <10% (i.e. 48 ground floor units per Parts A & B), but proposed finish grading provides approach slopes <8.3%, thus Part C requires all units to be accessible/adaptable. 90- Project Info: 80 total ground floor units in 10 three story 24-unit non-elevator buildings. 15
Site Impracticality Common Error: Failing to complete Part C of the site analysis test which requires an analysis to determine if an accessible route with slopes no greater than 8.3% can and therefore must be provided between the covered dwelling unit entrance and any arrival point. Often, the pedestrian arrival point at the public sidewalk or street is not considered and the designer believes one or more units are exempt when they actually do not qualify for exemption. Site Impracticality Common Error: Failing to deduct easements, setbacks, floodplains and other non-buildable or restricted areas from the total site area when calculating the site analysis test. Should consider the total buildable area of the undisturbed site with a grade less than 10%... using a topo map with 2 contours. 16
Site Impracticality Common Error: Failing to actually document the process of analyzing site impracticality during the design phase of a project. It is not intended to be a postconstruction analysis. Manipulating Site Grading Common Error: Deliberately manipulating the site finish grade or installing steps to avoid having multiple ground floors and more covered units in a building. HUD considers this a discriminatory housing practice. [See Q&A 12(b)] May require accessible bridges to approach additional ground floors. 17
No Back Door Strategy Common Error: Designer makes the patio door, not the primary front entrance typically used to approach the unit from parking, as the designated accessible entrance. Case law (US v. Edward Rose Construction Co.) and the DOJ position is that the primary entrance must be the door used most and closest to the parking. Key Architectural Design Issues Interiors of Common-use Facilities Requirement 2 Full Accessibility Interiors of Covered Units Requirement 3 Doors Requirement 4 Accessible Route Requirement 5 Outlets, switches, etc. Requirement 6 Grab Bar Blocking Requirement 7 Kitchens & Bathrooms 18
No FHAG Elevator Exemption Common Error: Failing to install an elevator in multi-story community buildings with unique facilities on the inaccessible floor often the upstairs of a leasing office building houses the only fitness equipment and community meeting rooms, but are not on an accessible route from dwelling units. FHAG Req t. 2 Scoping Common Error: Failing to refer to the Table in FHAG Req t. 2 for scoping provisions. 19
Common-use Laundry Common Error: Failing to provide assistive devices at common-use laundry rooms not equipped with front-loading washers and dryers. ADA & 504 Compliance Common Error: Failing to design leasing offices and other areas covered by the Americans with Disabilities Act (ADA) so they are readily accessible to and usable by persons with disabilities. True also for failing to comply with Sec. 504 and ABA where federal program or financial assistance triggers compliance duty. 20
FHAG Req t. 3: Usable Doors Common Error: Failing to design and construct covered units so all passage doors within the units allow nominal 32 clear width (31 5/8 minimum). Particularly problematic at sliding glass patio doors. Frequently narrow doors are result of confusion over when & where FHAG applies. All Passage Doors in Unit Common Error: Failing to design and construct both doors leading into a California-style bathroom so they allow the minimum 32 nominal clear passage width. When HUD says all passage doors within covered units, they mean all passage doors. 21
FHAG Req t. 4: Level Changes Common Error: Installing thresholds at sliding glass patio doors, primary entrance doors and marble transition strips at bathroom doors that are higher than ¼ and not beveled with a maximum slope of 1:2. Sunken Living Areas Common Error: Failing to realize that if an inaccessible sunken living area is between another interior or exterior space and the interior approach to the sunken space, then the sunken area must be removed or made accessible. 22
Balcony/Deck Level Changes Common Error: Failing to design and install concrete (or other impervious material) patios/balconies no more than 4 below the covered unit finished floor height and wood decks no more than ½ below the covered unit finished floor height. Note: level changes may be more if required by local codes. 1% Max. Stoop Slope Common Error: Failing to design and construct the exterior maneuvering space or landing at the primary entrance door such that its surface slopes no more than 1/8 per foot. 23
Req t. 5: Switches, Outlets, Etc. Common Error: Failing to realize that FHAG limits wheelchair reach range to 48, rather than the 54 typical in older nationally recognized accessibility standards. Req t. 6: Grab Bar Blocking Common Error: Failing to realize that fiberglass or acrylic bathtub and shower surrounds effect the future installation of grab bars. 24
FHAG Req t. 7: Kitchens and Baths Common Error: Failing to provide 40 clear width between opposing kitchen counters, appliances and walls. Refrigerators typically project 5 or more past kitchen counters. Often forget ends of islands and peninsula counters. Centered Clear Floor Space Common Error: Failing to provide 30 x48 clear floor space centered on appliances in the kitchens and bathrooms 25
Small U-Shaped Kitchen Common Error: Failing to take into account the fact that when a range - at the bottom of a U-Shaped kitchen with less than 60 turning space - is removed to provide for a cooktop with accessible kneespace beneath, there is no longer an oven to serve the unit. 30 x48 Outside Door Swing Common Error: Failing to provide 30 x48 clear floor space outside the swing of the entrance door into each Specification A bathroom and one of the Specification B bathrooms. 26
66 Deep Toilet C.F.S. Common Error: Failing to provide the minimum 66 deep clear floor space at toilets approached from the front, rather than approached from the side of the toilet. Spec. A Bathroom Spec. B Bathrooms Common Error: Failing to provide parallel 30 x48 clear floor space at Specification B tubs many misinterpret the parallel requirement and provide only perpendicular clear floor space at tubs, but call the bathroom a Specification B bathroom. 27
48 Wide Toilet C.F.S. Common Error: Failing to provide appropriate 48 wide clear floor space at toilets in alcoves deeper than a lavatory base cabinet. C.F.S. at Lavatories Common Error: Failing to provide centered parallel 30 x48 clear floor space at all lavatories in a Specification A bathroom with multiple lavatories. Only one lavatory is required to comply in a Specification B bathroom. 28
Thank You The End Bill Hecker, AIA Hecker Design, LLC 3568 Hampshire Drive Birmingham, AL 35223 (205) 298-1900 v/tty (205) 298-1901 fax Bill@HeckerDesign.info fairhousingfirst.org 29