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Fair Housing Act.

  • 1.  Fair Housing Act.

    Posted 03-06-2017 05:35 PM

    We are renovating an old, small 5 unis Efficiency Units Building.

    It is a major, level 3 renovation due to the extent of the work.

    Because it is more than 4 units, compliance with Fair Housing , ADA compliance is required.

    My question , do Toilets and Kitchens also require interior maneuvering spaces ?

    The units are small, under 400 SF. compliance with turning and maneuvering  spaces is possible but would be difficult to satisfy.  .

    Thanks,

    Regards,

    Manny

     

    Manuel Perez-Vichot, AIA

    Principal

    image001.png@01CFCE8E.52A02AA0

    627 Eldron Drive Suite 101, Miami Springs, FL 33166

    T 305.871.1648  F 305.871.1734  C 305.989.4132

    E mperez@sedainc.com

     



  • 2.  RE: Fair Housing Act.

    Posted 03-07-2017 10:15 PM
    There's really no shortcut to going through the tedious process of going through the regulations section by section. But here's a start for you on the ADA part:

    ADA Section 202 describes the amount of compliance required in alterations. With an extensive Level 3 renovation, the scoping provisions of section 233.3.1 would probably apply. So probably at least one of your 5 units will need to be accessible, meaning its kitchen will need to comply with section 804 and one bathroom with 603. 

    I hope that helps!

    ------------------------------
    Jody Keppers AIA
    Principal
    Keppers Design
    Duluth MN
    ------------------------------



  • 3.  RE: Fair Housing Act.

    Posted 03-08-2017 06:08 PM
    Note that the Fair Housing Act does not apply to buildings built for first occupancy before March 13, 1991. 
    The Act also says that it is illegal to prohibit an occupant from making reasonable modifications to their unit or common use areas at their own expense.
    Don't know if this provision applies to you.
     

    --
    Alan Stephenson, AIA, NCARB, LEED AP

    Collective Design Solutions, LLC
    2017 McGavock Pike
    Nashville, TN  37216
    Mobile: 615-417-7778
    e-mail:  c.alanstephenson@gmail.com





  • 4.  RE: Fair Housing Act.

    Posted 03-08-2017 08:16 PM
    I would say you are obligated to have one fully compliant type A accessible unit with all the clearances and accessible route, parking etc.   All the rest of the units will be regarded as type B units.   You do not have to meet clearances (push, pull and approach) for doors in Type B units, except  the entry door.  

    You should look at the section 1112 for alterations and whether you can claim that the it is technically infeasible to provide an accessible path and hence accessible units.  You might also look at 1107 for the exemptions.   I have a hard time making sense of code language well enough to direct you a clear direction.

    Can never figure out what the fair housing act has to do with the design of buildings other than if someone wants to live on the third floor and is incapable of self preservation,  they have a right to do that and the landlord can't say no.   

    ------------------------------
    Peter Carlsen AIA
    Carlsen & Frank Architects
    Saint Paul MN
    ------------------------------



  • 5.  RE: Fair Housing Act.

    Posted 03-07-2017 11:42 PM
    Hello All, and Mr. Perez-Vichot:

    Indeed, in a small Studio Unit, if the kitchens and baths were expanded to meet current space needs, they would "eat-up" the rest of the Unit!  
    A few Thoughts:
    1.     Upstairs Units should be exempted anyway; an elevator certainly can't be feasible!
    2.     Hate to say it, but --- re-mix space for fewer Units w/ more S.F. per Unit?
    3.     If each bathroom has a "blank wall" facing the living space, make that an operable wall:
            a.    Large sliding panel, or ---
            b.    Double bi-folds (tougher to operate?)
            For solo occupants especially, this provides wheelchair space w/o actually enlarging the bathroom. 
            But, zero / limited privacy if 2nd person is in Unit...
    4.     Simple, standard "pod addition" to each 1st-floor Unit to make space work.
    5.     Apply for exception due to lack of space, lack of budget for additions.
    6.     Apply to be allowed to do all-out update on 1 Unit w/ addition, keep others as-is.

    Quite the challenge; best of luck.

    Thanks ---
    Bill
    william j. devlin aia, inc.,
    ARCHITECT
    Springfield, MA

    ------------------------------
    William Devlin AIA
    William J. Devlin, AIA, Inc.
    Springfield MA
    ------------------------------



  • 6.  RE: Fair Housing Act.

    Posted 03-13-2017 05:50 PM
    I worked on a multi-family mixed use project several years ago and found the HUD manual very easy to use. The graphics are well done, dimwnsions are clear; it was obvious what they were trying to demonstrate with meaningful tolerances.
    There is also a wealth of resources under the heading of Universal Design for all levels of accessibility. One place to start is  www.universaldesign.com.

    ------------------------------
    Barbara Richter-Norton, AIA
    Principal Architect
    Richter-Norton Architecture, PLLC
    Chapel Hill, NC
    ------------------------------



  • 7.  RE: Fair Housing Act.

    Posted 03-14-2017 05:57 PM
    How does the Fair Housing Act differ from the International Building Code? Our state building official told me that the Fair Housing Act told Minnesota that they could not regulate a 3 story apartment building as an institutional use under IBC when the owner wanted to rent the entire second floor to individuals who were not capable of self preservation. Because of the Fair Housing Act we now regard Sober houses with 16 unrelated people living in them the same building as a single family living in a house. Perhaps my assumption that the Fair Housing Act is more about letting people live where they want to live than a building code.

    Have not the regulations and implications of the Fair Housing Act been incorporated into the language of the IBC in much the same way as the ADA has been incorporated? If they haven't, why not?




  • 8.  RE: Fair Housing Act.

    Posted 03-15-2017 11:02 PM

    For one thing, the Fair Housing Act is a federal law enforceable in courts. The IBC is a code, not a law,  adopted by communities and is open to interpretation by the communities that use it.

     

    Thad A. Broom, AIA

    "The Beach Architect"

     

    "A home or building built to code is the worst that can be under the law. Want something better? Call an AIA Architect"

     






  • 9.  RE: Fair Housing Act.

    Posted 03-16-2017 05:32 PM
    The IBC (along with ICC A117.1) has incorporated substantially similar requirements to the design guidelines, relating to accessibility of buildings and sites for people with disabilities, of the ADA and the Fair Housing Act but both the ADA and the Fair Housing Act have lots of requirements besides the design guidelines. And, as Mr. Broom noted, different capabilities of the varying levels of government to interpret them. Finally, both the IBC and federal requirements continue to evolve, not always exactly in sync, so architects need to know and apply both. 

    That said, I'm also confused how the Fair Housing Act could cause the state building official to tell you what he did; generally state and local officials have no right or responsibility to enforce ADA or Fair Housing Act.  It might require an attorney to advise on that; perhaps there was a court case about some odd application of the law. Or it could be an attempt to circumvent the accessibility requirements, by considering a large building as a single unit instead of multiple apartments (four or more) that would be covered.

    ------------------------------
    David Esau AIA
    Cornerstone Design Inc.
    Ann Arbor MI
    ------------------------------



  • 10.  RE: Fair Housing Act.

    Posted 03-22-2017 10:18 AM
    Too many governmentals regulations ! ! !
    The drafters of the Federal ADA evidently believed in separation of Church and State, so for many different reasons, did not apply the regs. to churches.  (I am not saying that many ADA features should be applied to a well thought out church design.)  But then ICC comes along and writes up only part of the ADA in their "code".  But ICC's regs. apply to all buildings.  Including churches.  Hummm!






  • 11.  RE: Fair Housing Act.

    Posted 03-23-2017 06:18 PM
    If it's in the building code than it applies to all buildings unless the building code has an exception. Regardless of ADA not applying to churches. 





  • 12.  RE: Fair Housing Act.

    Posted 03-24-2017 06:37 PM

    Let me get this clear, the ADA does not  apply to churches?  Where is that documented?

    Adrian Martinez Architect AIA






  • 13.  RE: Fair Housing Act.

    Posted 03-27-2017 05:26 PM

    My understanding is that the Florida Accessibility Code excepts religious facilities from compliance.

    That includes Churches, offices , schools , and other Church related buildings.

    Regards,

    Manny

     

    Manuel Perez-Vichot, AIA

    Principal

    image001.png@01CFCE8E.52A02AA0

    627 Eldron Drive Suite 101, Miami Springs, FL 33166

    T 305.871.1648  F 305.871.1734  C 305.989.4132

    E mperez@sedainc.com

     






  • 14.  RE: Fair Housing Act.

    Posted 03-28-2017 07:03 PM

    Does anyone know if ADA is applicable to churches in California?  I have a feeling that it does.

     

    Adrian Martinez Architect AIA

    Sonoma CA






  • 15.  RE: Fair Housing Act.

    Posted 03-28-2017 07:18 PM
    ADA is federal code, typically the exemptions are identified in state codes 

    ------------------------------
    James Potts AIA
    Architect
    [Potts Architects, PLLC]
    Lexington KY
    James W. Potts - ArchitectsJames W. Potts - ArchitectsJames W. Potts - Architects
    ------------------------------



  • 16.  RE: Fair Housing Act.

    Posted 03-29-2017 05:55 PM

    "ADA is federal code, typically the exemptions are identified in state codes "

     

    In the last CE Seminar on the ADA I attended, the "expert" stated that there is no local AHJ that can exempt any ADA requirements.  It is, as correctly noted, a federal code and local officials have no authority to issue any exemptions.  The gist was "it didn't matter what the local guy/gal said was OK, you could still be sued if your design was not totally in compliance."  Of course, you could still be sued even when blameless but there's no sense making it easy for them.

     

    Darrel Odom AIA

    Little Rock






  • 17.  RE: Fair Housing Act.

    Posted 03-31-2017 07:32 AM
    The ADA is a federal law and enforced by the Federal Government, not the local AHJ.

    The State Building Code, which ANSI 117.3 is part (not the ADA), at least in Ohio, is enforced by the local AHJ.  The local AHJ does not enforce the ADA.

    There are occasions, like the Existing Building section of the Building Code, where even the ANSI 117.3 does not apply.

    John A. Feick, AIA, CSI, LEED AP
    224 East Water Street
    Sandusky, Ohio 44870
    419-625-2554 (w)
    419-656-3017 (c)
     





  • 18.  RE: Fair Housing Act.

    Posted 03-31-2017 07:07 PM
    The ADA is a Federal anti-discrimination LAW.
    Requirements are constantly being added and there is no "grandfathering" clause.
    By understanding is that an individual can file a complaint with the local county prosecutor's office, who must investigate and follow through, if they are not too busy.







  • 19.  RE: Fair Housing Act.

    Posted 03-29-2017 01:11 PM

    It is important to consider that most churches rent out their facilities to other groups and would consider ADA compliance an asset. Also, they are most likely hosting weddings and funerals with quite a few elderly people.  Because of this gap between the need for compliance and the exemption for compliance, there have been a number of organizations that have sprung up to provide funds so churches can upgrades their facilities so they are accessible.  In the Chicago area, one of these is Faith in Place but there are many others.  I worked on a church where we did a major remodel and used several grants to help add an elevator to the space.  It wouldn't have happened without those grants!

    Suzie

     

    Revised email template

     






  • 20.  RE: Fair Housing Act.

    Posted 03-27-2017 05:30 PM
    In my experience, in Maryland, it has been incorporated into state law and it does apply to churches. The churches have an option of pursuing a waiver to exempt them from meeting those standards.

    ********************
    Elizabeth Craver, Architect
    Principal
    CRAVER Architects, LLC

    P: 703-765-2780
    F: 703-765-2747







  • 21.  RE: Fair Housing Act.

    Posted 03-27-2017 05:40 PM
    28 CFR Part 36, Subpart A, Section 36.102(e) "Exemptions and exclusions. This part does not apply to any private club (except to the extent that the facilities of the private club are made available to customers or patrons of a place of public accommodation), or to any religious entity or public entity." (Published 26 July 1991; re-published 15 September 2010, 11 August 2016 and 2 December 2016)


    ------------------------------
    Sean Catherall AIA
    Herriman UT
    ------------------------------



  • 22.  RE: Fair Housing Act.

    Posted 03-28-2017 05:31 PM
    To clarify: the exemptions quoted are from the ADA's Title III regulations which relate to design and construction (obviously the part most applicable to architects!). I don't know if there's a similar exemption in Title I relating to employment, on the off chance you're interested in a broader question of religious exemptions.  Also my understanding is that if a church becomes a landlord to a non-religious entity (i.e. leasing space to a private daycare) the religious exemption in Title III doesn't apply to the portions leased.

    ------------------------------
    David Esau AIA
    Cornerstone Design Inc.
    Ann Arbor MI
    ------------------------------



  • 23.  RE: Fair Housing Act.

    Posted 03-29-2017 05:33 PM
    Regardless of the laws, the local AHJ may require items or waive rules.  We are working on a small synagogue.  The local officials here (Davie, Florida) indicated that only the "religious rooms" such as the mikvah and main synagogue were exempt.  If you have classrooms, and banquet rooms that the "public" can attend ( anyone that isn't a member) then my understanding is that those areas must still meet ADA.  We are trying to say the "kosher kitchen" need not meet ADA, and are waiting for a response.

    ------------------------------
    Debora Fields AIA
    Principal
    DLFC Architects
    North Miami FL
    ------------------------------



  • 24.  RE: Fair Housing Act.

    Posted 03-28-2017 08:24 PM





  • 25.  RE: Fair Housing Act.

    Posted 03-27-2017 05:44 PM
    Title III, Section 36.102(e) "Exemptions and exclusions. This part does not apply to any private club (except to the extent that the facilities of the private club are made available to customers or patrons of a place of public accommodation), or to any religious entity or public entity."

    Richard
    -------------------
    Richard Morrison
    Architect-Interior Designer
    570 El Camino Real, #150-242
    Redwood City, CA 94063
    (650) 321-3729





  • 26.  RE: Fair Housing Act.

    Posted 03-27-2017 06:50 PM
    ADA does not apply to churches or private clubs.

    42 USC 12187.  Exemptions for private clubs and religious organizations

    The provisions of this subchapter shall not apply to private clubs or establishments exempted from coverage under title II of the Civil Rights Act of 1964 (42 U.S.C. 2000-a(e)) or to religious organizations or entities controlled by religious organizations, including places of worship.

    28 CFR 36.102(e)  Exemptions and exclusions. This part does not apply to any private club (except to the extent that the facilities of the private club are made available to customers or patrons of a place of public accommodation), or to any religious entity or public entity.

    ------------------------------
    Karen Campbell
    ------------------------------



  • 27.  RE: Fair Housing Act.

    Posted 03-28-2017 06:04 PM
    So:
    An individual can't seek enforcement via the Federal Department of Justice for lack of barrier-free accommodation at their private club or religious institution.

    However, that club, church, temple, or whatever still likely has to meet ANSI A117.1 (incorporated into the IBC) in order to get a building permit.

    So for an architect, it is rather moot.  By complying with the building code, most of the technical aspects of the ADA will be met.

    ------------------------------
    Joel Niemi AIA
    Joel Niemi Architect
    Snohomish, WA
    ------------------------------



  • 28.  RE: Fair Housing Act.

    Posted 03-29-2017 11:47 AM
    That depends on the jurisdiction and how they write their amendments. In most areas of CA, you're right. In the City of San Francisco the City Code adds accessibity to all facilities of assembly.



    Sent from my Verizon, Samsung Galaxy smartphone





  • 29.  RE: Fair Housing Act.

    Posted 03-29-2017 04:17 PM
    While ADA as it is written by Federal law does not apply, a local jurisdiction can impose accessibility as a part of their building code and it that will apply. Case in point, Howard County Maryland.

    ------------------------------
    Kathleen Starghill-Sherrill AIA
    Principal
    SP Arch
    Windsor Mill MD
    ------------------------------



  • 30.  RE: Fair Housing Act.

    Posted 03-24-2017 11:13 AM
    In this case, the regulators are regulating the regulators, and while that might qualify as over regulation, the sad part is that once again, leadership fails to identify who is in charge. 

    ------------------------------
    Allen E Neyman
    Rockville, MD
    ------------------------------



  • 31.  RE: Fair Housing Act.

    Posted 03-16-2017 06:56 PM
    The IBC in Minnesota has been slightly modified and adopted as part of the State Building Code. It is also the law. I'm just wondering what building issues are in the Fair Housing Act that are not in the IBC. The ADA is a federal equal rights law that has been incorporated in the IBC. The promise of the IBC was that there would be just one code we all were responsible for if not completely understood.




  • 32.  RE: Fair Housing Act.

    Posted 03-08-2017 01:45 PM
    Look at the criteria for a Type B unit, which may allow you to use the T style 30"x48" wheelchair maneuvering clearances for accessibility.  Have a discussion with your building plans examiner in the local municipality as well.  There are situations like this which allows for more flexibility, but you have to make sure the local building official is OK with it.  Review the ANSI commentaries as well, because they may have configurations that work that you are not aware of.

    ------------------------------
    Jack Rosebery AIA
    Rosebery Architectural Studio
    Medford NY
    ------------------------------



  • 33.  RE: Fair Housing Act.

    Posted 03-09-2017 06:35 PM
    Meeting the requirements of the Fair Housing Act and the ADA relative to housing is less of an ordeal than it may seem at first. The FHA excludes other than ground floor units in buildings that do not have elevators or on-grade access to the upper levels (visualize a steep hillside), and the ADA applicability is rather limited in private developments. ICC/ANSI A117.1 has chapters dedicated to dwelling units and clarifies the space requirements in bathrooms and kitchens, which are essential for compliant designs, but do not necessarily include turning radii or the alternative T-turning space as commercial occupancies require.

    I've come to see these requirements as helpful guidelines toward creating an environment that is easier for those with mobility or other challenges to negotiate, without excess space requirements or cost increases. It does take admittedly tedious scrutiny of the applicable laws and codes but their logic becomes more evident with application, in my experience and opinion.

    To Manny and anyone else entering the multifamily segment I suggest if you haven't already done so to read the Fair Housing Accessibility Guidelines from start to finish, then refer to the Code documents as they apply. You've already identified the need to comply with Fair Housing but exactly what that involves is less obvious.

    ------------------------------
    Ralph Meacham AIA
    Senior Project Manager
    Niles Bolton Associates
    Atlanta GA
    ------------------------------