Access Required in Existing Buildings

During the International Code Council hearings in Baltimore on November 5, 2009, the International Existing Building Code (IEBC) Committee voted to require existing residential occupancies undergoing alterations to comply with the requirements of the Fair Housing Accessibility Guidelines (FH Act) in the 2012 International Building Code (IBC) and IEBC.

The final action hearings for the next generation of codes will be held next fall (October 28-November 1, 2010 in Charlotte, North Carolina). For the IEBC Committee decision to be overturned, 2/3 of the code officials present will have to vote against the historic initiative.

“Not likely,” said James Bartl Director of Code Enforcement for Mecklenburg County Government in Charlotte, North Carolina. “Our state just adopted Chapter 11 of the International Building Code and A117.1 which made people with disabilities feel as if they lost some of the benefits of the old North Carolina Accessibility Code (Volume 1C) thus they will want to support this historic initiative.”

United Spinal Association’s Accessibility Services staff introduced proposal “EB14” mandating that “Type B” requirements be provided in residential occupancies when alterations exceed 50% of the total building area. “Type B” is the name that the International Building Code (IBC) and the American National Standard for Accessible and Usable Building & Facilities (A117.1) give to the adaptable dwelling units required to comply with the FH Act.

Testimony provided by Marsha Mazz from the US Access Board and Cheryl Kent from the US Department of Housing and Urban Development (HUD) convinced the 15 person IEBC committee and the voting members in the audience.

Newly constructed multi-family housing buildings with four or more units occupied on or after March 13, 1991 were required to comply with the FH Act. This new construction rule will be expanded to existing apartment buildings undergoing “Level III” alterations.

Residential developers have been targeted in lawsuits by State Attorney Generals in various states as well as by the United States Department of Justice (DOJ) and HUD for not complying with Fair Housing Accessibility Guidelines and their local code. Accessibility Services works with residential designers, developers and builders in responding to these complaints. The new requirement should reduce the number of violations. If the residential developer missed complying with the FH Act during initial planning and construction, large alteration projects will now trigger compliance that will be enforced by code enforcement officials.

The 2009 edition of A117.1 will be referenced by the 2012 IBC and IEBC and expands on the original Fair Housing Guidelines by requiring maneuvering clearance on the interior of unit doors, clear floor space centered on both washer and dryer, and fuse boxes provided within accessible reach ranges.

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