Section R10-2-109. Design and Construction Requirements

A.      Covered multifamily dwellings for first occupancy after March 13, 1991, shall be designed and constructed to have at least one building entrance on an accessible route unless it is impractical to do so because of the terrain or unusual charac- teristics of the site. For purposes of this Section, a covered multifamily dwelling shall be deemed to be designed and con- structed for first occupancy on or before March 13, 1991, if the dwelling is occupied by that date, or if the certificate of occu- pancy was issued, or a building permit or renewal for the dwelling was issued by a state, county, or local government before March 13, 1991. The burden of establishing impracti- cality because of terrain or unusual site characteristics is on the person or persons who owns or contracted for the construction of the housing facility.

B.       All covered multifamily dwellings for first occupancy after March 13, 1991, with a building entrance on an accessible route shall have:

1.        Public and common-use areas, if any, that are readily accessible to and usable by handicapped persons;

2.        All doors into and throughout the premises that are suffi- ciently wide to allow passage of handicapped persons in wheelchairs; and

3.        The following features of adaptable design:

a.        An accessible route into and through the covered dwelling unit;

b.        Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;

c.        Reinforcements in bathroom walls to allow later installation of grab bars around the toilet, tub, shower stall, and shower seat where such facilities are provided; and

d.        Kitchens and bathrooms that permit an individual in a wheelchair to maneuver about the space.

C.      Compliance with the applicable requirements of 24 CFR 40 (1993), incorporated by reference and with no additions or amendments, satisfies the requirements of paragraph (B)(3).

Historical Note

Adopted effective December 2, 1994 (Supp. 94-4).