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Five Misconceptions about Fair Housing Act Design and Construction Compliance

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From “If I comply with the building code, then I comply with the Fair Housing Act” to “Everything is adaptable, so it doesn’t need to work day one, right?” – our accessibility consultants have heard it all. Here are five of the most common misconceptions about the Fair Housing Act that we come across on a regular basis…

1.  Following the accessibility requirements of the building code will satisfy the design and construction requirements of the Fair Housing Act.

Not true. Following the accessibility requirements of the building code may not always satisfy the design and construction requirements of the Fair Housing Act. Building codes and federal laws are mutually exclusive; a building department or building official is responsible for ensuring compliance with the code – not the law. And, HUD is responsible for enforcement of the Fair Housing Act – not building codes. Meeting the requirements of one may not always satisfy the requirements of the other. There is only one code, i.e., the International Building Code (2000, 2003, and 2006 editions, with a few caveats) that are HUD-approved ‘safe harbors’ for compliance with the design and construction requirements of the Fair Housing Act. Later editions of the code are not approved by HUD as meeting the requirements of the FHA. And, any edition of the International Building Code adopted by a local jurisdiction and edited to fit the context of the local jurisdiction is not a safe harbor for compliance. The general rule of thumb is to apply the accessible design and construction requirements of the code and the law and comply with the most stringent provision.

2.  Meeting the design and construction requirements of the Fair Housing Act is not required at the time of design and construction. Because the Fair Housing Act permits adaptability, modifying a feature to accommodate a resident’s particular need is the best way to comply with the Fair Housing Act.

Not true. Meeting the design and construction requirements of the Fair Housing Act at the time of design and construction is required. To say that its permissible to meet the requirements by adapting features as needed and only upon request makes the design and construction requirements of the Act meaningless. Adaptability is permitted by the law, but only after the minimum design and construction requirements are met. And, what is permitted to be adapted post construction is included in the technical standards. For example, a forward or parallel approach is required to be provided at a kitchen sink in a dwelling unit. In order to accommodate the front approach, the base cabinet must be designed to be removable, i.e., adaptable. Adaptability in this case is contemplated by the requirements for usable kitchens. On the other hand, a light switch is required by the Fair Housing Act Accessibility Guidelines to be installed below 48 inches above the finished floor. The Act does not permit the light switch to be installed higher and modified as requested. To install a light switch higher than 48 inches above the finish floor is in violation of the design and construction requirements of the Fair Housing Act Accessibility Guidelines. Adaptability in this case is not contemplated or permitted by the requirements for usable kitchens.

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Top 10 Accessible Design Oversights: Hotels

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Our Accessibility Team works on a wide variety of project types across the country, and each comes with its own unique set of challenges. It is common for even our most experienced accessibility consultants to encounter a design problem we have never seen before. However, there are also recurring issues that we see crop up again and again and again; common accessible design oversights that are not difficult to avoid if accounted for early enough in the design process.

In this post, we dive into the top ten accessible design oversights that our consultants find in…Hotels.

1. Dispersion of Accessible Guest Rooms

Guest rooms required by the ADA to include mobility features must be dispersed among the various classes of guest rooms provided. Accessible rooms need to provide guests with the same range of choice afforded to guests without a disability. Often, designers select one or two room types to meet the minimum number of accessible guest rooms required by the ADA (e.g., a King room and a Double Queen room) while failing to account for other room types and amenities. For example, if a hotel provides multi-room suites, king rooms, double rooms, rooms with couches or seating areas, rooms with kitchenettes, etc., then the number of required accessible rooms must be distributed among each of those room classes. Other factors to consider when dispersing accessible rooms include view, floor level, price, bathroom fixtures like hot tubs, or other amenities provided to guests. Only when a hotel contains more room classes than the number of accessible guest rooms required are you permitted to have rooms classes without an accessible equivalent. In this case, you still must disperse the accessible guest rooms in the priority of guest room type, number of beds, and then amenities.

2. Required Rooms without Roll-in Showers

When designing bathrooms for accessible guest rooms, many designers overlook the fact that there are a specific number of rooms required to provide roll-in showers, and a specific number that cannot include roll-in showers (i.e., the accessible bathing fixture must be a bathtub or transfer shower). We frequently review plans where all accessible guest rooms are designed with roll-in showers. Older codes and standards focused on ensuring that a minimum number of roll-in showers were provided, but they did not limit that number. As a result, hotels could be designed with all accessible guest rooms containing roll in showers; however, that is no longer the case under the current requirements. Despite common misconceptions, a roll-in shower is not necessarily the best bathing option for all guests. The variety of bathing fixtures required by the 2010 ADA Standards accommodates the needs of people with a range of disabilities.

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Tech Notes: Accessible Parking in Precast Garages

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When designing accessible parking spaces, it is important to remember that the slope of the ground surface for the entire parking space and adjacent access aisle must not exceed 2% in any direction. We frequently see noncompliant slopes at accessible spaces, especially when the ground surface is asphalt or permeable pavers.  The slope along the perimeter of spaces at curbs or gutters is frequently more than 2% at up to 5%, which requires careful detailing and planning on the part of the architect, civil engineer, and on site contractors to ensure that a compliant slope is achieved at the accessible parking spaces. At parking structures and precast garage systems, we have found that important details and coordination needed to achieve compliant ground surface slopes are often overlooked.

 

Ground surface slopes at walls or parapets often exceed 2%, (blue highlight) resulting in noncompliant slopes at the heads of accessible parking spaces.

In parking structures, it is common for an area along the perimeter of the slab (adjacent to walls or parapets) to slope in excess of 2% for drainage purposes. In some cases, this slope is embedded into the precast system. As a result, accessible parking spaces must be located away from the sloped edges during the initial design phase.

In other cases, noncompliance results from the application of a cast in place (CIP) wash applied to the top of the precast slab. In the detail shown below, note the slope condition at the CIP topping. The wash is often indicated only in section details on the precast drawing set, making it easy to miss if designers are not specifically looking for how these details affect accessible parking spaces. The entire project team involved in the design and/or construction of the garage must be made aware of where accessible parking spaces are located and understand the specific slope requirements to ensure that details are properly coordinated.

The cast in place topping results in a slope of more than 2% at 8.33% at the head of the accessible parking space in this precast garage.

 

Once the garage is constructed, it is nearly impossible and very costly to fix noncompliant slopes at the head of accessible parking spaces. In some garages, we have been able to solve the problem by shifting the striping at accessible parking spaces. This results in the steeply sloped ground surface being located fully outside of the parking space and access aisle. The problem is that this solution is dependent upon whether the spaces can be shifted without compromising the minimum required width of the drive aisle or obstructing access to other parking spaces.

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Environments for Aging: Designing Better Senior Housing

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The 2019 Environments for Aging Conference took place last month in Salt Lake City, UT.

Last month, I had the opportunity to attend the Environments for Aging conference in Salt Lake City. Hundreds of professionals involved in the complex world of senior living gathered to learn from each other and to explore products and services that are designed for the senior population. It was not surprising to see the level of interest in the event; according to the US Census Bureau, 20 percent of the current US population will be 65 or older by 2029. The Baby Boomer generation, which accounts for the majority of that 20 percent, is moving into their 70s and are beginning to consider how and where they want to age. Some Boomers prefer to remain in their current homes in the communities that they helped build. Others want to move into smaller homes or prefer to transition to senior living communities. Many of these senior living communities are popping up both in suburbia and active urban centers in response to the current trend in senior housing preferences.

There are many senior housing typologies: among the most common are independent living, assisted living, and dementia care. Each type of living arrangement has specific needs that must be addressed from a design perspective.

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Trends in Healthcare: Nurse Call Devices

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“Trends in Healthcare” is a recurring series that focuses on exciting new designs and technologies we’re seeing in healthcare projects and provides best practices on how to ensure that these latest trends are accessible to persons with disabilities. We build on the wealth of knowledge we gain from working with healthcare design teams, construction crews, and practitioners to provide practical solutions for achieving accessible healthcare environments.

According to the U.S. Centers for Disease Control and Prevention (CDC), falls account for 3 million injuries treated in emergency rooms, 800,000 hospitalizations, and 28,000 deaths each year in the U.S. One in five falls cause serious injuries such as concussions/traumatic brain injuries and hip fractures. Not only is this a public health concern, it is extremely costly. According to the CDC, medical costs directly related to injuries resulting from falls totaled more than $50 billion in 2015.[1] Within hospitals and long-term care facilities, effective implementation of interventions and design strategies to reduce patient falls are key to increased patient safety and decreased medical costs. However, it may not be possible to eliminate patient falls altogether, so features like a properly installed nurse call system can be life changing.[2]

Accessible Nurse Call Stations

Most state and local standards and regulations require nurse call devices in each public toilet room and within inpatient bath, toilet, and shower rooms.[3,4] Where provided in spaces required to be accessible, the nurse call device must also be accessible. An accessible nurse call device is one that meets the following requirements:

  • All operable parts, including call reset switches, are within accessible reach range (15-48″ AFF);
    • NOTE: Determining compliant mounting height requires coordinating with the location of operable parts on the specific model used.
  • Operable parts do not require tight grasping, pinching, or twisting of the wrist to operate; and
  • Operable parts can be activated with no more than 5 pounds of force.

The location of operable parts differs between models of nurse call devices. It is important to determine mounting location based on the specific model of device being used.
Models shown (clockwise, L to R): Intercall Emergency Stations; Becas BeSmart Nurse Call System; Cornell Visual Nurse Call System

While these criteria appear straightforward, proper placement of nurse calls can become complicated when coordinated with minimum grab bar clearances and additional requirements under FGI, NFPA 99, NFPA 70, Ul 1069, UL 2560, and other local codes.

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