The specifications in this standard make sites, facilities, buildings and elements accessible to and usable by people with such physical disabilities as the inability to walk, difficulty walking, reliance on walking aids, blindness and visual impairment, deafness and hearing impairment, incoordination, reaching and manipulation disabilities, lack of stamina, difficulty interpreting and reacting to sensory information, and extremes of physical size. The intent of this standard is to allow a person with physical disability to independently get to, enter, and use a site, facility, building, or element. Your Alert Profile lists the documents that will be monitored. If the document is revised or amended, you will be notified by email. You may delete a document from your Alert Profile at any time.
|Country:||Moldova, Republic of|
|Published (Last):||8 June 2008|
|PDF File Size:||8.88 Mb|
|ePub File Size:||11.56 Mb|
|Price:||Free* [*Free Regsitration Required]|
The Public Inspection page on FederalRegister. The Public Inspection page may also include documents scheduled for later issues, at the request of the issuing agency. The President of the United States manages the operations of the Executive branch of Government through Executive orders. The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations.
The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. Each document posted on the site includes a link to the corresponding official PDF file on govinfo. This prototype edition of the daily Federal Register on FederalRegister.
For complete information about, and access to, our official publications and services, go to About the Federal Register on NARA's archives. While every effort has been made to ensure that the material on FederalRegister. This tables of contents is a navigational tool, processed from the headings within the legal text of Federal Register documents. This repetition of headings to form internal navigation links has no substantive legal effect.
These tools are designed to help you understand the official document better and aid in comparing the online edition to the print edition. These markup elements allow the user to see how the document follows the Document Drafting Handbook that agencies use to create their documents. These can be useful for better understanding how a document is structured but are not part of the published document itself.
More information and documentation can be found in our developer tools pages. This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format. This final rule follows a July 18, , proposed rule and takes into consideration the public comments received on that rule.
This final rule makes no substantive changes to the proposed rule, but adds a new section on incorporation by reference and makes other technical revisions consistent with recent guidelines on incorporation by reference. The standards incorporated by reference in this final rule are approved by the Director of the Federal Register as of November 24, Hearing-or speech-impaired individuals may access this number via TTY by calling the toll-free Federal Information Relay Service at The Fair Housing Amendments Act of expands the coverage of the Fair Housing Act to include families with children and persons with disabilities.
Since the ANSI standards are incorporated by reference, this final rule also adds a section on incorporation by reference and otherwise revises the language incorporating the ANSI standards. This change is technical and not substantive.
The final rule also updates the regulation to acknowledge all 10 safe harbors currently recognized by HUD. This rule does not change either the scoping requirements or the substance of the existing accessible design and construction requirements contained in the regulations, nor does the rule state that compliance with the ANSI standard is no longer appropriate. This is an editorial change only for purposes of greater clarity.
This final rule applies only to the accessibility requirements of the Fair Housing Act. When more than one law applies to a project, and there are different accessibility standards for each law, the governing principle to follow is that the more stringent requirements of each law apply.
For example, when a residential property that is covered by the Fair Housing Act receives federal financial assistance, it must also comply with the accessibility requirements of Section of the Rehabilitation Act of Section and 24 CFR part 8. However, to the extent that the requirements of the Fair Housing Act apply to the same dwelling units that are subject to the requirements of Section , the ABA, or the ADA, the safe harbors for compliance outlined in this final rule shall be applied to those dwelling units that are subject to the Fair Housing Act, but may not be used in lieu of more stringent accessibility requirements mandated by Section and the ABA, or the ADA, where applicable.
The Department published its proposed rule on July 18, 72 FR , for public comment. The public comment period ended on September 17, A total of eight comments were received from the following: An individual building owner; a consultant who monitors compliance with the Fair Housing Act; a nonprofit organization that addresses design issues for persons with disabilities and older persons; a nonprofit organization representing paralyzed veterans; an organization representing building safety and fire prevention professionals; a coalition representing both the multifamily rental housing industry and an international federation representing owners and managers of commercial properties; a national, nonprofit organization of diverse communities within the disability community; and an organization representing wheelchair users.
Comment: Several commenters expressed support for HUD's proposal to update its regulations and to clarify the accessibility building requirements. Another commenter objected to use of the , , and editions, writing that only the edition of ANSI meets the design and construction requirements of the Fair Housing Act.
Conversely, certain building industry commenters objected to HUD's adopting any edition of ANSI except for the edition, arguing that Congress adopted the edition as the version meeting the Act.
Congress, in the Fair Housing Act, specifically referenced the ANSI standard and encouraged its use for compliance with the Act's accessibility requirements. Contrary to the commenters' assertion that Congress adopted the edition, the Fair Housing Act did not reference a specific edition of the standard.
In its final regulations implementing the Fair Housing Act, the Department elected to specify the edition—the edition in effect at that time—in response to public comments that the Department should refer to a specific edition and incorporate future editions through rulemaking proceedings.
This issue was addressed during the Department's initial review of several model building codes, all of which referenced a more recent edition of the ANSI standard. In its final report, published in the Federal Register , on its review of these model building codes, the Department noted that many commenters commended the Department for recognizing the ANSI A Further, as newer editions of ANSI have been developed, many organizations have encouraged the Department to adopt these newer editions.
One major organization that represents home builders wrote to the Department in , pointing out that a edition of the ANSI standard was about to be published and that it is logical to rely on the latest version of a standard, unless the statute specifically refers to a specific edition. This organization stated that there are sound policy reasons for adopting the latest version of the ANSI standard, since it reflects new developments in accessible design.
Also, the organization stated that the standard would be used by state and local officials around the country and urged the Department to state that the most recent edition of the ANSI standard meets the requirements of the Fair Housing Act. Other comments the Department received on its proposed rule support the need to continue to recognize earlier editions of the standard because state and local building codes are not updated on any particular established schedule nor are they updated as frequently as the model building code is updated.
Similarly, there are state and local jurisdictions that have adopted HUD's Fair Housing Accessibility Guidelines into their building code or state fair housing law. Accordingly, the Department believes that it is appropriate at this time to continue to recognize all four editions of the ANSI A Comment: One of the commenters expressed concern that the Department's discussion of how it enforces the Fair Housing Act was an announcement of new enforcement policy and did not belong in the preamble of a proposed rule relating to the adoption of the , , and ANSI standards.
Response: The commenter does not correctly characterize HUD's statements about enforcement of the Fair Housing Act in the preamble to the proposed rule.
Rather than announcing new policy, the preamble merely restated HUD's existing enforcement policy as part of the agency's effort to explain the safe harbor provisions. Start Printed Page Comment: One commenter wrote that if the proposed rule is promulgated, it would directly contradict the creativity and diversity of solutions to accessibility needs that the Fair Housing Act encourages and that it would also establish a national building code.
The commenter wrote that the lack of specificity under the Fair Housing Act reflects the intent of Congress that builders retain flexibility in designing housing covered by the law.
The commenter wrote that, in enacting the Fair Housing Act, Congress did not direct or empower HUD to promulgate binding regulations for accessible design features. Response: The Department disagrees that its proposal either expands the intent of the Fair Housing Act or limits designers and builders with respect to the design and construction of covered multifamily dwellings.
Moreover, the recognition of additional safe harbors does not in any way result in the adoption of a mandatory national building code. Rather, designers and builders may continue to use alternative methods of complying, with the following caveat, which the Department has stated since the publication of the regulations and the Fair Housing Accessibility Guidelines in If a designer or builder does not rely on one of the HUD-recognized safe harbors, that designer or builder has the burden of demonstrating how its efforts comply with the accessibility requirements of the Fair Housing Act.
Comment: One commenter wrote that while HUD's effort to list in a binding regulation the standards and codes accepted as safe harbors for compliance with the Fair Housing Act's accessibility requirements is appreciated, the many limiting comments and exceptions attending HUD's designation of these standards as safe harbors detracts significantly from their usefulness and reliability.
The commenter wrote that to follow the safe harbors as described by the proposed rule assumes extensive prior knowledge and study not only of the standards themselves, but also of the administrative guidance, enforcement actions, and judicial decisions surrounding them. The commenter wrote that it is unrealistic to expect multifamily housing professionals to have that sort of complex understanding of the difficult technical nuances. Response: The Department does not agree that including the 10 currently recognized safe harbors in its regulations will create difficulty in complying with the Act.
The Department has placed very few conditions on the use of the building codes as safe harbors. The IBC was deemed a safe harbor with only one condition, and this condition is spelled out in the same paragraph in which the Department specified the IBC. The IBC had text missing, upon its initial publication, and it was necessary to alert users about the text that was missing. In addition, it was determined that it would be helpful to alert users of the IBC code about its Commentary because users may not have been aware that a Commentary with guidance exists or they may need additional guidance on how to interpret the code.
The commenter wrote that this would avoid circumstances where people relying on ANSI overlook the need to reference those Guidelines. Response: The Department is mindful of the importance of the Guidelines in the Department's work as a member of the ANSI A Committee and its involvement in the code development process. The Department also wishes to point out that individuals using an edition of the IBC that has been recognized by HUD as a safe harbor will not need to refer to the Guidelines because these editions of the IBC contain scoping requirements consistent with the Fair Housing Act, HUD's regulations implementing the Act, and the Guidelines.
The Department also provided commentary to ICC, which ICC included in this same document, to provide guidance in interpreting language that the Department recommended and which the code body accepted for inclusion in Chapter 11 of the IBC. Comment: One commenter recommended that HUD continue to participate in the model code development process. Two commenters recommended that HUD participate as a full and equal partner on the A The Department also hopes to be actively engaged in the IBC code development process, and has participated in recent code hearings.
The Department proposed changes to the code that it believes will ensure greater compliance with the Fair Housing Act. Comment: One commenter asked about requirements for townhouse units in the State of California, stating that in buildings with four or more townhouse style units, the State requires 10 percent at least one of these units to be accessible on the primary entrance level.
The commenter stated that neither the townhouse units nor the buildings have an elevator, and that the units are multistory with garage, living room, powder room, and den on the first floor ground level and the kitchen, dining room, bathrooms, and bedrooms on the second level.
Response: The Fair Housing Act and HUD's Fair Housing Accessibility Guidelines require multistory townhouse units to be accessible only if they have an internal elevator, or if they are located in a building that has one or more elevators.
However, the Fair Housing Act does not preclude states or units of local government from Start Printed Page establishing requirements that are more stringent than the requirements of the Act. It appears that the State of California may have established a more stringent requirement. However, if the commenter would like further technical guidance on this matter, the Department has established a technical guidance program called Fair Housing Accessibility FIRST, to provide technical guidance to the building industry on the accessibility requirements of the Fair Housing Act.
Comment: In its proposed rule, the Department requested public comments on both the efficacy of continuing to recognize older editions of ANSI A The Department made this request to obtain feedback for consideration for possible future rulemaking. Another commenter objected to use of the , , and editions, writing that only the edition of the ANSI meets the design and construction requirements of the Fair Housing Act.
One commenter also wrote that it is illogical to suggest that older standards and safe harbors, which have been recognized to provide accessible housing over the past 20 years, are no longer adequate because a newer standard for compliance is being recognized as an additional safe harbor by HUD. The commenter urged HUD to withdraw its proposed regulatory changes. This commenter also proffered that rather than requiring full compliance with any particular safe harbor document, HUD should encourage the flexibility of using standards from more than one such document without losing benefits of the safe harbor status.
One commenter wrote that given the likelihood that state and local jurisdictions will continue to rely on legal adoptions of or references to the 10 safe harbor documents, it is incumbent on HUD to maintain its regulatory recognition of these documents. In addition, the commenter wrote that any action regarding the recognition of a safe harbor should be understood to preserve the legal status of buildings constructed using that safe harbor.
Another commenter wrote that the numerous conditions imposed on the use of the IBC make it possible that the full complement of required information will not be conveyed to every intended recipient and user. The Design Manual has, in the commenter's view, proven to be the most useful and popular safe harbor and offers a significant number of illustrations that enhance the users' understanding of the Fair Housing design and construction requirements.
The commenter wrote that once the final rule is published, the next step should be the updating of the Design Manual, referencing ANSI and The commenters wrote that reliance on the latest edition would avoid any confusion regarding the applicable accessibility requirements. One of the commenters wrote that, in reference to a building with dwelling units to which the Fair Housing Act and Section apply, these dual standards for housing accessibility coupled with the multiplicity of safe harbors could result in confusion.
Response: The Department has considered all of the comments offered on its request for comment on the appropriateness of sunsetting some of the current HUD-recognized safe harbors at some future time. At present, the Department has not determined whether in the future it might be appropriate to sunset some of the safe harbors.
If it decides to do so in the future, the Department will give the public appropriate notice and opportunity to comment at that time. See 72 FR
Design and Construction Requirements; Compliance With ANSI A117.1 Standards
The Public Inspection page on FederalRegister. The Public Inspection page may also include documents scheduled for later issues, at the request of the issuing agency. The President of the United States manages the operations of the Executive branch of Government through Executive orders. The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. Each document posted on the site includes a link to the corresponding official PDF file on govinfo.
Course Outline. It provides details, dimensions, and specifications to help design professionals develop their plans so that the buildings and facilities will offer unobstructed entry and ease of use to all users with disabilities. These new criteria are intended to provide a level of coordination between the accessible provisions of this standard and the Fair Housing Accessibility Guidelines. This course includes a multiple-choice quiz at the end, which is designed to enhance the understanding of course materials. Learning Objective. At the conclusion of this course, the student should be able to understand:. The first edition of the International Building Code IBC was officially published in March , following several public hearings in and and a public comment forum in