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The New FHA Safe Harbors: FAQs

word bubbles with a question mark and exclamation point insideNow that HUD has adopted the 2009 edition of the ICC A117.1 Standard and the 2009, 2012, 2015, and 2018 editions of the IBC as additional safe harbors that can be used to demonstrate compliance with the design and construction requirements of the FHA, what changes? What do designers need to know before moving forward with selecting their chosen safe harbor? Here are a few of the most common questions that our Accessibility Team has been asked about the use of the new safe harbors since they became effective on March 8, 2021:

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Five Misconceptions about The Americans with Disabilities Act

This past summer, the country celebrated the 30th anniversary of the passage of the Americans with Disabilities Act. Despite the progress of the past few decades, there are still misconceptions about what the law requires for buildings and facilities. Below are five of the most common misconceptions our consultants encounter.

Cover pages of the ADA Title III Regulations and the 2010 ADA Standards for Accessible Design1.      All buildings that predate the ADA are exempt from accessibility requirements.

Unlike building codes, the ADA does not contemplate the concept of “grandfathering.” Included in the ADA regulation is the ongoing obligation for barrier removal, despite the age of a building. Specifically, if a barrier to access exists in a building that predates the ADA, then there is an obligation to remove the barrier if it is readily achievable to do so. Readily achievable means that fixing the barrier does not involve too much difficulty or expense. Such determinations must be made on a case-by-case basis and consider many factors, including financial resources.

2.      Following the accessibility requirements of the building code will satisfy the accessibility requirements of the ADA.

Even though the 2010 Standards for Accessible Design (the technical standard referenced by the ADA) is similar to the technical standards referenced by many building codes (e.g., A117.1 Standard for Accessible and Usable Buildings and Facilities), they are mutually exclusive. Compliance with the accessibility requirements of the building code does not satisfy compliance with the accessibility requirements of the ADA; and, vice versa. The general rule of thumb is to apply all applicable laws, codes, and standards and comply with the most stringent requirement.

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Tech Notes: Sliding Doors at Dwelling Units

Private outdoor space is a desirable amenity for apartment dwellers, especially as COVID-19 restrictions have led to more time spent at home. Balconies and terraces accessed directly from multifamily residential dwelling units are increasingly popular with many of our clients, a trend we expect to see continue in the coming years. For designers looking to incorporate this feature, it is important to note that secondary exterior doors from dwelling units have specific accessibility considerations.

One of the most common problem areas that our accessibility consultants see in multifamily housing units are noncompliant secondary exterior sliding doors. The Fair Housing Act (FHA), as well as most building codes, strictly regulate these doors, from clear width and thresholds to door hardware at certain unit types. Our consultants highly recommend that swing doors are used in lieu of sliding doors at secondary exterior locations; however, if a sliding door is preferred, it is vital to consider the following requirements, among others:

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