Senate File 115 - Introduced SENATE FILE 115 BY BOLKCOM and JOCHUM A BILL FOR An Act requiring that certain housing constructed using public 1 funds incorporate minimum universal design standards 2 relating to accessibility. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1938XS (2) 84 aw/sc

S.F. 115 Section 1. NEW SECTION . 104A.3 Minimum universal design 1 standards —— accessibility. 2 1. Findings. The general assembly finds and declares 3 it is the policy of this state to encourage the design and 4 construction of affordable homes and apartments that people 5 of all ages and abilities can independently access, enter, 6 and visit. Incorporating universal design features into new 7 construction dramatically reduces the need to make and pay 8 for home modifications that address accessibility and use 9 restrictions related to aging and temporary or long-term 10 injury, illness, or disability. 11 2. Definitions. For purposes of this section, unless the 12 context otherwise requires: 13 a. “New construction” means housing that is being 14 constructed on-site and did not previously exist in residential 15 or nonresidential form. “New construction” does not include the 16 alteration, renovation, or remodeling of an existing structure. 17 b. “Publicly financed housing” includes any single-family 18 home, townhouse, duplex, and any other building with three or 19 fewer dwelling units constructed in whole or in part using 20 public funding or assistance provided by or through the state 21 or any political subdivision of the state. 22 3. Standards. 23 a. All new construction of publicly financed housing shall 24 incorporate minimum universal design standards in its design 25 and construction. 26 b. The state building code commissioner shall, after 27 consultation with the Iowa finance authority, the Iowa 28 department of economic development, the Iowa civil rights 29 commission, the department on aging, representatives of 30 the homebuilding industry, and advocates for persons with 31 disabilities, adopt rules, pursuant to chapter 17A, to 32 establish minimum universal design standards. The rules shall 33 address, at a minimum, the following subjects: 34 (1) Accessible entrances, doorways, and hallways. At least 35 -1- LSB 1938XS (2) 84 aw/sc 1/ 3

S.F. 115 one entrance shall be accessible and on an accessible route 1 into and through the dwelling. 2 (2) Accessible and adaptable bathrooms. At least one 3 bathroom shall be accessible and adaptable. 4 (3) Accessible electrical, light, and environmental 5 controls. 6 (4) Provisions to allow elements of the minimum universal 7 design standards to be waived for a specific project if 8 strict compliance is determined to be prohibitively costly 9 or technically infeasible. The state agency or political 10 subdivision administering or providing the public funds shall 11 make such determinations and shall report such determinations 12 to the building code commissioner. 13 4. Enforcement. The entity by or through which the 14 public funding or assistance for publicly financed housing is 15 administered shall enforce the requirements of this section. 16 This section shall not be construed to require the department 17 of public safety to engage in enforcement activities. 18 5. Applicability. The requirements of this section shall 19 apply to any publicly financed housing for which a building 20 permit is requested on or after July 1, 2012. 21 EXPLANATION 22 This bill requires the state building code commissioner to 23 adopt by rule minimum universal design standards relating to 24 accessibility and applicable to publicly financed housing. 25 Publicly financed housing is defined as any single-family home, 26 townhouse, duplex, and any other building with three or fewer 27 dwelling units constructed in whole or in part with public 28 funds. 29 The bill provides that the design standards shall apply 30 to new construction of publicly financed housing for which 31 a building permit is requested on or after July 1, 2012. 32 The bill requires the state building code commissioner to 33 consult with the Iowa finance authority, the Iowa department 34 of economic development, the Iowa civil rights commission, 35 -2- LSB 1938XS (2) 84 aw/sc 2/ 3

S.F. 115 the department on aging, representatives of the homebuilding 1 industry, and advocates for persons with disabilities prior to 2 adopting rules. The bill further provides that the universal 3 design standards shall address accessible entrances, doorways, 4 hallways, bathrooms, and environmental controls, and shall 5 include a waiver provision. 6 The bill provides that enforcement of the bill shall be by 7 the public entity providing the public funds for the housing. 8 -3- LSB 1938XS (2) 84 aw/sc 3/ 3