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HUD Report on Accessibility Requirements Raises Compliance Concerns

A preliminary review of a draft report from the Department of Housing and Urban Development has identified nine provisions in the 2003 International Building Code (IBC) that the agency claims do not meet the accessibility requirements of the Fair Housing Act. This is a disturbing finding for multifamily builders, because it jeopardizes the effort to endorse the 2003 edition of the International Building Code as providing a “safe harbor” for compliance with those requirements.

NAHB worked diligently with HUD to secure the safe harbor endorsement of the 2000 edition of the IBC, which has been widely adopted and is working as an effective vehicle for compliance. The association considers endorsement of the 2003 edition, which is now being adopted by many localities, equally critical.

Without the endorsement, builders and designers can’t verify that they are in compliance and will be exposed to costly legal action in which the courts would have to determine whether they met federal accessibility requirements.

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Under the act, all new multifamily dwellings with four or more units, whether for rent or sale, constructed for first occupancy on or after March 13, 1991, must meet certain design and construction requirements to make them accessible to people with disabilities. Covered units include all ground-floor units in buildings without elevators; all units in buildings with elevators; single-story townhouses; and all indoor and outdoor common-use areas.

NAHB currently is reviewing the report in detail and will be meeting with HUD, in addition to submitting formal comments, to resolve any obstacles to endorsing the 2003 code as a safe harbor.

HUD is accepting public comments on the report until Sept. 7. To read the report, click here.

For additional information, e-mail Jeff Inks at NAHB, or call him at 800-368-5242 x8547.
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