910 Ind. Admin. Code 2-3-6

Current through December 4, 2024

Section 910 IAC 2-3-6 - Design and construction requirements

Authority: IC 22-9.5-4-2

Affected: IC 22-9.5

Sec. 6.

(a) Covered multiple-family dwellings 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 multiple-family dwelling shall be deemed to be designed and constructed for the first occupancy on or before March 13, 1991, if:

(1) the dwelling is occupied by March 13, 1991; or

(2) the last building permit or renewal thereof for the covered multiple-family dwelling is issued by a state, county, or local government on or before July 13, 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.

(b) The application of subsection (a) may be illustrated by the following examples:

(1) A real estate developer plans to construct six (6) covered multiple-family dwelling units on a site with a hilly terrain. Because of the terrain, it will be necessary to climb a long and steep stairway in order to enter any of the dwellings. Since there is no practical way to provide an accessible route to any of the dwellings, one need not be provided.

(2) A real estate developer plans to construct a building consisting of ten (10) units of multiple-family 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 may lawfully 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.

(3) A real estate developer plans to construct a multiple-family 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, such a 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.

(c) All covered multiple-family dwellings for first occupancy after March 13, 1991, with a building entrance on an accessible route shall be designed and constructed in such a manner that:

(1) the public and common use areas are readily accessible to and usable by a handicapped person;

(2) all the doors designed to allow passage into and within all premises are sufficiently wide to allow passage by a handicapped person in a wheelchair; and

(3) all premises within a covered multiple-family dwelling unit contain the features of adaptable design such as:

(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) usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.

(d) The application of subsection (c) may be illustrated by the following examples:

(1) A developer plans to construct a one hundred (100) unit condominium apartment building with one (1) elevator. In accordance with subsection (c), the building has at least one (1) accessible route leading to an accessible entrance. All one hundred (100) units are covered multiple-family dwelling units and they all must be designed and constructed so that they comply with the accessibility requirements of section 3 of this rule.

(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 multiple-family 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 3 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.

(e) Compliance with the appropriate requirements of ANSI A117.1 suffices to satisfy the requirements of section 3 of this rule.

(f) Compliance with a duly enacted law of a state or units of general local government that includes the requirements of subsection (e) and section 3 of this rule satisfies the requirements of section 3 of this rule.

(g) It is the policy of the ICRC to encourage units of general local government to include, in their existing procedures for the review and approval of newly constructed covered multiple-family dwellings, determinations as to whether the design and construction of such dwellings are consistent with the following:

(1) A state or units of general local government may review and approve newly constructed multiple-family dwellings for the purpose of making determinations as to whether the requirements of subsection (e) and section 3 of this rule are met.

(2) Determination of compliance or noncompliance by a state or units of general local government under this section are not conclusive in enforcement proceedings under IC 22-9.5.

(h) This section does not invalidate or limit any law of the state or political subdivision of the state that requires a dwelling to be designed and constructed in a manner that affords a handicapped person greater access than is required by this section.

910 IAC 2-3-6

Civil Rights Commission; 910 IAC 2-3-6; filed Aug 20, 1993, 5:00 p.m.: 17 IR 20; readopted filed Oct 25, 2001, 2:15 p.m.: 25 IR 942; readopted filed Oct 29, 2007, 2:55 p.m.: 20071128-IR-910070566RFA; readopted filed Nov 19, 2013, 9:07 a.m.: 20131218-IR-910130454RFA

Readopted filed 9/27/2019, 2:32 p.m.: 20191030-IR-910190407RFA