Party Walls

This blog post was originally published on March 23, 2020. It was updated on April 24, 2022 to provide the latest, most accurate information on HUD-approved safe harbors for FHA compliance.

Compliance with the accessible design and construction requirements of the Fair Housing Act (FHA), a federal civil rights law, has significantly improved since the early 1990s when the regulations were promulgated. Unfortunately, a quick search of recent news articles will reveal that noncompliance with basic FHA requirements continues to be a problem in newly constructed multifamily projects nationwide. Owners, developers, architects, and others are still cited for noncompliance with the FHA’s seven design and construction requirements even though it has been more than 30 years since those requirements went into effect.

Based on our experience, one of the contributing factors in continued noncompliance is the common misconception that following the accessibility requirements of a building code will result in compliance with the FHA. It is important to note that if the accessibility requirements of one of the HUD-approved safe harbors are not incorporated into the design of a multifamily development, and the project complies only with the accessibility requirements of a building code, the risk of noncompliance exists. (more…)

The 2017 edition of the A117.1 Standard for Accessible and Usable Buildings and Facilities comes with the most significant spatial changes that we have seen in any recent code cycle. As more states and local governments adopt A117.1-2017 as the technical standard of reference under Chapter 11: Accessibility of the International Building Code, builders, developers, architects, and agencies, among others, will be faced with some big changes when it comes to accessibility requirements.

Many of the basic building block clearances that have remained relatively the same since the 1986 edition of the standard have been expanded based on the findings of The Wheeled Mobility Task Group (PDF), a study of mobility device users conducted by The Center for Inclusive Design and Environmental Access (IDeA) out of the University at Buffalo, SUNY.

What has changed and how will designs be affected? Here are our top 5 spatial changes in A117.1-2017 and the impact those changes could have on building design: (more…)

Laws and codes governing accessibility ensure that the built environment is designed and constructed to serve its current and future occupants.

The first step in the design process is to determine which disability rights laws and building codes apply to your project. One such law is Section 504 of the Rehabilitation Act of 1973. When does Section 504 apply and how do you ensure that your project meets all relevant requirements?

At Steven Winter Associates, our accessibility consultants help our clients comply with every regulation that applies to their project, whether it’s a new construction or a renovation. Below, we pooled our knowledge to answer the most frequently asked questions about Section 504 and how to apply it to residential projects. (more…)

As an amenity provided to building occupants, hoppers—otherwise known as trash chutes—are required to be accessible. Most commonly, hoppers are included in conventional trash rooms and not located in closets like the one depicted in the image below. The hopper/closet design is uncommon, but we do see it in a fair number of projects.

Evaluating the hopper/closet design to ensure that it’s accessible is more complex than one might imagine. Let’s go through how we would conduct an evaluation of the hopper/closet design.

How to Evaluate for Accessibility Compliance

The image on the left depicts a trash chute closet (circled in red) in a residential building that’s accessed from a common hallway. The hopper is revealed when the conventional swing door is opened.

Step 1: Isolate the swing door

First, we’d think through how the conventional swing door is operated and used. We know that the door must be opened, which triggers requirements for maneuvering clearance on the common side of the door. Ample maneuvering clearance must be provided to support its use by those who might use a wheelchair or other mobility aid. (more…)

Human beings spend most of their time in or around the built environment. As we live, work, and play, the design of the spaces we occupy can have a profound impact on our wellbeing.

The way that our environments affect our physical and mental health has long been a topic of discussion in the fields of architecture, urban planning, and environmental psychology. Physical barriers to access can result in the exclusion of people with disabilities; lack of indoor air quality or access to natural light can impact cognitive development or lead to future health issues.

From a mental health perspective, studies have shown that most of our reactions to a space are on an emotional, rather than a rational level and emotional reactions can vary among the occupants of a space. [1,2] Some may feel uneasy, while others feel comfortable.

Articulating the characteristics of a space that trigger certain emotions is a challenge but by considering the people for whom a space is intended, designers can create spaces that positively impact quality of life for those who inhabit them.

With this in mind, we at SWA are developing a fresh approach to creating buildings that perform well for the occupants they serve.

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Operable parts designed to be used by building occupants, including but not limited to, thermostats, dispensers, light switches, fire alarm pull stations, etc., must be located so that they are accessible to everyone. Technical standards referenced by federal, state, and local laws and building codes include design criteria developed to ensure that operable parts are accessible. A 30 x 48 inch clear floor space is required to be positioned at the operable part to support one of two types of reaches: a forward (perpendicular) or a side (parallel) reach. Of the two reach types, each can be unobstructed or obstructed. Unobstructed forward and side reaches do not require reaching over an element to access an operable part. Conversely, obstructed forward and side reaches require reach over an element, such as a countertop or shelf, to access an operable part. Of all the reaches to operable parts, the obstructed forward reach is the most challenging to design and construct. As we always say, the devil is in the details, so proper detailing of the obstructed forward reach is critical to nail down in design.

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“Trends in Healthcare” is a recurring series that focuses on exciting new designs and technologies we’re seeing in healthcare projects and provides best practices on how to ensure that these latest trends are accessible to persons with disabilities. We build on the wealth of knowledge we gain from working with healthcare design teams, construction crews, and practitioners to provide practical solutions for achieving accessible healthcare environments.

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Access to nature is known to promote healing and improve mental and physical wellbeing. The sights and sounds of the natural world have been proven to relieve anxiety, an attribute that can be immensely impactful in a hospital environment where patients, visitors, and staff experience increased stress on a consistent basis. With this in mind, hospital gardens that provide much needed respite have become an essential feature in many healthcare facilities. Even in hospitals built in places like New York City, where space is at a premium, healthcare owners and designers are prioritizing the integration of gardens and other natural spaces into facilities.

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Our accessibility consultants are constantly on the lookout for new products that will make it easier for our clients to comply with accessibility criteria while meeting their overarching design goals. As manufacturers become more familiar with accessibility requirements under applicable federal, state, and local regulations and building codes, new or modified products continue to emerge, making compliance simpler and more stylish.

Here are just a few examples of accessible products that we have been recommending…

SafePath EntryLevel™ Landings

One of the most common issues we see in remediation projects, especially as a result of litigation, is a non-compliant level change at exterior doors. Very often, a step up of more than ½ inch is provided from the exterior to the interior surface, resulting in a barrier to access for a person who uses a wheelchair or other mobility device. SafePath provides a range of customizable ramps and reducers to help overcome vertical barriers to access at interior or exterior conditions. One of the product lines we have frequently recommended is their EntryLevel™ Landings. The product provides a compliant ramped transition (1:12 max) along with a level landing (1:48 max slope in any direction) to accommodate the required maneuvering clearance at doors. Because the landings are fixed in place and easy to customize, they provide a great option for clients looking to create an accessible building entrance.

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Now that HUD has adopted the 2009 edition of the ICC A117.1 Standard and the 2009, 2012, 2015, and 2018 editions of the IBC as additional safe harbors that can be used to demonstrate compliance with the design and construction requirements of the FHA, what changes? What do designers need to know before moving forward with selecting their chosen safe harbor? Here are a few of the most common questions that our Accessibility Team has been asked about the use of the new safe harbors since they became effective on March 8, 2021:

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Even though the Fair Housing Act (FHA) has been in effect for more than 30 years, owners, developers, architects and others are still cited for noncompliance with the FHA’s seven design and construction requirements. Based on our experience, a major contributing factor to this continued noncompliance is the common misconception that following the accessibility requirements of a building code (e.g., current editions of The International Building Code) will result in compliance with the FHA. To ensure compliance with the design and construction requirements of the FHA, it is important to incorporate one of the U.S. Department of Housing and Urban Development (HUD) approved safe harbors into the design of a multifamily development. The long-standing list of safe harbors has not been updated in nearly 14 years, when the 2003 edition of the ICC A117.1 Standard was approved by HUD. Before that, the 2006 edition of the International Building Code was the latest version of the code to be HUD- approved as meeting the design and construction requirements of the Act. As a result, while the building codes have continued to progress, HUD has lagged behind – until now.

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