The Fair Housing Act (FHA) and the International Building Code (IBC)


Tuesday, April 19, 2022
2:00 PM - 3:30 PM Eastern Time Zone

Description

Join us for this session as the presenters discuss the application of the accessibility guidelines under the Fair Housing Act (FHA) and the International Building Code (IBC) to residential housing. The presentation will cover what types of residential housing facilities/units are subject to the federal requirements and building codes. Differences and similarities between the FHA accessibility guidelines and IBC requirements will be highlighted. Following the presentation participants will have an opportunity to ask questions of the speakers.

Continuing Education Recognition Available

Certificate Credit hours
ACTCP 1.5
AIA HSW CES 1.5
Certificate of Attendance 1.5

Speakers:

Kim Paarlberg, Senior Staff Architect in Technical Services, International Code Council (ICC)

Rex Pace, Senior Advisory for Accessible Design, U.S. Department of housing and Urban Development

Questions for presenters:

1 1. When HUD/DOJ recognized editions of the IBC are used as a safe harbor for a project, does that mean that for FHA compliance, Type 'A' units must fully comply with all provisions for Type 'A' Units found in ICC A117.1, including those that are above and beyond what is allowed for "covered" units in the Fair Housing Act Design Manual or The Fair Housing Act Guidelines?
2 2. The 1998 Fair Housing Act Design Manual is explicit that where guest parking is provided, accessible guest parking be provided. The IBC does not explicitly state this, but instead requires a minimum of not less than 1 of each "type" of parking space provided, be accessible. Do you consider guest parking (whether designated or undesignated) to be a "type" of parking per the IBC, thus requiring a minimum of 1 accessible parking space?
3 3. If a project does not specifically identify on their drawings or in other means, a HUD/DOJ recognized safe harbor for compliance with the Fair Housing Act, at any time in the future, should an FHA complaint arise, can the project utilize any of the HUD/DOJ recognized safe harbors, including the oldest ones, to assess the project for FHA compliance? Conversely, what if a project does specifically identify a HUD/DOJ recognized safe harbor (say 2018 IBC/ICC A117.1-2009)
4 4. For compliance with the FHA, using the 1998 Fair Housing Act Design Manual (FHADM) as a safe harbor, per pages 1.2, 1.4, 2.5, 13, 15, 16 of the FHADM it appears that more recent editions of ANSI/ICC A117.1 (such as 2009) are allowed to be used in conjunction with the 1998 FHADM, instead of the 1986 edition which the 1998 FHADM uses. Could you please confirm that?
5 5. Where to start on the differences between the IBC and FHA!?!...especially depending upon which FHA "safe harbor" is utilized? Is it "The Guidelines" or is it the 1998 FHADM that "interprets" The Guidelines? Example at Units: The Guidelines: required side approach clear floor space (CFS) at accessible lavatory in bathroom is NOT required to be centered on lavatory, (implied by an illustration (Fig. 7(c)), but no corresponding words (Req. 7(2)(a)(ii)), 1998 FHADM: side approach CFS is required to be centered on lavatory basin, ICC A117.1 (2003, 2009): side approach CFS is required to be centered on lavatory. How about using 2003 ANSI A117.1 (A "safe harbor") and its max. 24" depth and max. 34" height for reach range at Type 'B' Units? Choose wisely.
6 Please add 20% zero-threshold units to all new multi-family housing developments.
7 How does FHA handle accessible means of egress to make sure that there is an accessible exit in case of an emergency.
8 Is the same relationship applicable to the Uniform Building Code 1997?
9 In a UFAS unit, is one full bathroom that is fully accessible required for UFAS compliance and additional bathrooms are required to be FHA compliant? UFAS 4.34.2(12) which states that a mobility accessible units only needs, “At least one full bathroom shall comply with 4.34.5. A full bathroom shall include a water closet, a lavatory, and a bathtub or a shower.” If FHA requires all UFAS bathrooms to be fully accessible, can you provide a Section 504 reference that confirms this?
10 In a UFAS apartment Unit with multiple bathrooms, is one full bathroom that is designed and constructed to be fully accessible adequate to meet accessibility requirements for UFAS and HUD all while any additional bathroom(s) within that same apartment Unit are not required to have any specific accessibility requirements? UFAS 4.34.2(12) states that a mobility accessible unit only needs, “At least one full bathroom shall comply with 4.34.5. A full bathroom shall include a water closet, a lavatory, and a bathtub or a shower.” If FHA or other HUD regulations require that all UFAS bathrooms be fully accessible, can you provide documentation that confirms this?
11 Please use my second question. Thanks
12 Can you please elaborate on the reach range requirements for outlets/receptacles within a kitchen- the maximum height of the obstruction, depth of the obstruction, distance from a corner, etc.

Session Questions

This session is accepting questions from registered users. After you have registered to participate in this session you can submit your questions on your Account Manager page. Please note: the number of questions will be limited and submissions will be closed well before the session starts to provide time to prepare answers.