Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This rule establishes accessibility
requirements in the design and construction of covered multifamily
dwellings.
PUBLISHER'S NOTE: The secretary of state has
determined that the publication of the entire text of the material which is
incorporated by reference as a portion of this rule would be unduly cumbersome
or expensive. Therefore, the material which is so incorporated is on file with
the agency who filed this rule, and with the Office of the Secretary of State.
Any interested person may view this material at either agency's headquarters or
the same will be made available at the Office of the Secretary of State at a
cost not to exceed actual cost of copy reproduction. The entire text of the
rule is printed here. This note refers only to the incorporated by reference
material.
(1) Covered
multifamily dwellings planned for first occupancy after March 13, 1991 shall be
designed and constructed to have at least one (1) building entrance on an
accessible route unless it is impractical to do so because of the terrain or
unusual characteristics of the site. For purposes of this section, a covered
multifamily dwelling shall be deemed to be designed and constructed for first
occupancy before March 14, 1991 if it is occupied before that date or if the
last building permit or permit renewal for the covered multifamily dwellings is
issued by a state, county or local government before January 14, 1990. The
burden of establishing impracticality because of terrain or unusual site
characteristics is on the person or persons who designed or constructed the
housing facility.
(A) Example 1: A real estate
developer plans to construct six (6) covered multifamily dwelling units on a
site with a hilly terrain. Because a long and steep stairway is necessary in
order to enter the dwellings and since there is no practical way to provide an
accessible route to any of the dwellings, one need not be provided.
(B) Example 2: A real estate developer plans
to construct a building consisting of ten (10) units of multifamily housing on
a waterfront site that floods frequently. Because of this unusual
characteristic of the site, the builder plans to construct the building on
stilts. It is customary for housing in the geographic area where the site is
located to be built on stilts. The housing lawfully may be constructed on the
proposed site on stilts even though this means that there will be no practical
way to provide an accessible route to the building entrance.
(C) Example 3: A real estate developer plans
to construct a multifamily housing facility on a particular site. The developer
would like the facility to be built on the site to contain as many units as
possible. Because of the configuration and terrain of the site, it is possible
to construct a building with one hundred five (105) units on the site, provided
the site does not have an accessible route leading to the building entrance. It
is also possible to construct a building on the site with an accessible route
leading to the building entrance. However, this building would have no more
than one hundred (100) dwelling units. The building to be constructed on the
site must have a building entrance on an accessible route because it is not
impractical to provide such an entrance because of the terrain or unusual
characteristics of the site.
(2) All covered multifamily dwellings planned
for first occupancy after March 13, 1991 with a building entrance on an
accessible route shall be designed and constructed in a manner that-
(A) The public and common use areas are
readily accessible to and usable by handicapped persons (compliance with the
appropriate requirements of American National Standards Institute (ANSI)
A117.1-1986 suffices to satisfy these requirements);
(B) All the doors designed to allow passage
into and within all premises are sufficiently wide to allow passage by
handicapped persons in wheelchairs; and
(C) All premises within covered multifamily
dwelling units contain the following features of adaptable design:
1. An accessible route into and through the
covered dwelling unit;
2. Light
switches, electrical outlets, thermostats and other environmental controls in
accessible locations;
3.
Reinforcements in bathroom walls to allow later installation of grab bars
around the toilet, tub, shower stall and shower seat, where these facilities
are provided; and
4. Usable
kitchens and bathrooms so that an individual in a wheelchair can maneuver about
the space.
A. Example 1: A developer plans to
construct a one hundred (100)-unit condominium apartment building with one (1)
elevator. In accordance with section (1), the building has at least one
accessible route leading to an accessible entrance. All one hundred (100) units
are covered multifamily dwelling units and they all must comply with the
accessibility requirements of section (1) of this rule.
B. Example 2: A developer plans to construct
thirty (30) garden apartments in a three (3)-story building. The building will
not have an elevator. The building will have one (1) accessible entrance which
will be on the first floor. Since the building does not have an elevator, only
the ground floor units are covered multifamily units. The ground floor is the
first floor because that is the floor that has an accessible entrance. All of
the dwelling units on the first floor must meet the accessibility requirements
of section (1) of this rule and must have access to at least one (1) of each
type of public or common use area available for residents in the
building.
(3) Compliance with a duly enacted law of a
state or unit of general local government that includes the requirements of
(3)(C)1.-4. of this rule satisfies the requirements of sections (1) and (3) of
the rule.
*Original authority: 213.030, RSMo 1959, amended 1978,
1986, 1992 and 213.040, RSMo 1986, amended
1992.
