A. This issue was addressed in the preamble to the Guidelines, but continues to be a frequently asked question. (See the preamble to the Guidelines under the discussion of Section...
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14.4 Q. If a covered multifamily dwelling has a below grade common use parking garage, is there a requirement for a vertical clearance to allow vans to park?
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1(5) Accessible route
(5) Accessible route. An accessible route that complies with ANS14.3 would meet section 100.205(a). If the slope of the finished grade between covered multifamily dwellings and a...
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1(1) Building entrance
(1) Building entrance. Each building on a site shall have at least one building entrance on an accessible route unless prohibited by the terrain, as provided in paragraphs (2)(a)(i)...
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Additional Design Specifications for Requirement 1
In addition to the site impracticality determinations, the final Guidelines for Requirement 1 specify that an accessible entrance on an accessible route is practical when (1) there...
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22.1 Q. Must the switches on range hood kitchen ventilation fans be in accessible locations?
A. No. Kitchen ventilation fans located on a range hood are considered to be part of the appliance. The Fair Housing Act has no requirements for appliances in the interiors of...
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13.1 Q. Are the public and common use areas of a newly constructed development that consists entirely of buildings having four or more multistory townhouses, with no elevators, required to be accessible?
A. No. The Fair Housing Act applies only to new construction of covered multifamily dwellings. Multistory townhouses, provided that they meet the definition of multistory in the...
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11.3 Q. The site analysis test calls for a calculation of the percentage of the buildable areas having slopes of less than 10 percent. What is the definition of buildable areas?
A. The buildable area is any area of the lot or site where a building can be located in compliance with applicable codes and zoning regulations.
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3. Ground and floor surface treatments
Accessible element or space ANSI A117.1 section APPLICATION 3. Ground and floor surface treatments 4.5 Accessible routes,...
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Section 35.150(b)(2) Safe Harbor (Section-by-Section Analysis)
In these circumstances, the public entity is entitled to a safe harbor, and is only required to modify elements to comply with the proposed standards if the public entity is, independently...
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Requirement 2 -- Public and Common Use Areas
[See subsections ...]
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4.3 Q. If the only new construction is an addition consisting of four or more dwelling units, would the existing public and common use spaces have to be made accessible?
A. No, existing public and common use areas would not have to be made accessible. The Fair Housing Act applies to new construction of covered multifamily dwellings. (See section...
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11. Toilet rooms and bathing facilities
Accessible element or space ANSI A117.1 section APPLICATION 11. Toilet rooms and bathing facilities (including water closets,...
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4. Parking and passenger loading zones
Accessible element or space ANSI A117.1 section APPLICATION 4. Parking and passenger loading zones 4.6 If provided at the...
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12. Seating, tables, or work surfaces
Accessible element or space ANSI A117.1 section APPLICATION 12. Seating, tables, or work surfaces 4.30 If provided in...
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(2) Accessible and usable public and common use areas
The Option One guidelines for public and common use areas remain unchanged in the final Guidelines.
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1(2)(b) Site impracticality due to unusual characteristics
(b) Site impracticality due to unusual characteristics. Unusual characteristics include sites located in a federally-designated floodplain or coastal high-hazard area and sites...
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Requirement 2. Accessible and usable public and common use areas.
Section 100.205(c)(1) provides that covered multifamily dwellings with a building entrance on an accessible route shall be designed in such a manner that the public and common use...
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7(2)(b)
(b) Bathrooms that have reinforced walls for grab bars (see Requirement 6) would meet section 100.205(c)(3)(iv) if: Note: Clear floor space beside tub may overlap with clear floor...
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28.1 Q. If an architect or builder chooses to follow the bathroom specifications in Requirement 7...are the other bathrooms in the dwelling unit required to have reinforced walls for grab bars?
A. Yes. Requirement 6 of the Guidelines requires reinforced walls in bathrooms for later installation of grab bars. Even though Requirement 6 was not repeated under Requirement...
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15. Laundry rooms
Accessible element or space ANSI A117.1 section APPLICATION 15. Laundry rooms 4.32.6 If provided in the facility or at the...
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10. Drinking fountains and water coolers
Accessible element or space ANSI A117.1 section APPLICATION 10. Drinking fountains and water coolers 4.15 Fifty percent of...
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10.1 Q. Is it necessary to have an accessible path of travel from a subterranean garage to single-story covered multifamily dwellings built on top of the garage?
A. Yes. The Fair Housing Act requires that there be an accessible building entrance on an accessible route. To satisfy Requirement 1 of the Guidelines, there would have to be an...
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Safe harbor for qualified small businesses regarding what is readily achievable. (Section-by-Section Analysis)
The Department is offering for public comment a modification to the barrier removal requirement at § 36.304(d)(5) that provides a safe harbor for qualified small businesses as defined in...
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NAADAC Webinar Series: "ADA: The Next Generation" - Virtual and At-Home Training
Regulations, Part 1 (10/6/10), Run time: 1.5 hrs Overview of Title II and III Regulations, Part 2 (10/13/10), Run time: 1.5 hrs Planning for the transition and beyond, Safe...