Design and Construction Requirements

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 Sections of the Missouri Human Rights Act 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. AUTHORITY: sections 213.030 and 213.040, RSMo Supp. 1992.* Original rule filed Dec. 2, 1992, effective June 7, 1993. *Original authority: 213.030, RSMo 1959, amended 1978, 1986, 1992 and 213.040, RSMo 1986, amended 1992.