House File 567 - Introduced
HOUSE FILE
BY MASCHER, HEDDENS, and SMITH
(COMPANION TO 2105SS
BY BOLKCOM)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act requiring that public housing constructed using public
2 funds incorporate minimum universal design standards relating
3 to accessibility.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2105HH 81
6 ec/sh/8
PAG LIN
1 1 Section 1. NEW SECTION. 104A.3 MINIMUM UNIVERSAL DESIGN
1 2 STANDARDS == ACCESSIBILITY.
1 3 1. FINDINGS. The general assembly finds and declares it
1 4 is the policy of this state to encourage the design and
1 5 construction of affordable homes and apartments that people of
1 6 all ages and abilities can independently access, enter, and
1 7 visit. Incorporating universal design features into new
1 8 construction dramatically reduces the need to make and pay for
1 9 home modifications that address accessibility and use
1 10 restrictions related to aging and temporary or long=term
1 11 injury, illness, or disability.
1 12 2. DEFINITIONS. For purposes of this section, unless the
1 13 context otherwise requires:
1 14 a. "New construction" means housing that is being
1 15 constructed on=site and did not previously exist in
1 16 residential or nonresidential form. "New construction" does
1 17 not include the alteration, renovation, or remodeling of an
1 18 existing structure.
1 19 b. "Publicly financed housing" includes any single=family
1 20 home, townhouse, duplex, and any other building with three or
1 21 fewer dwelling units constructed in whole or in part using
1 22 public funding or assistance provided by or through the state
1 23 or any political subdivision of the state.
1 24 3. STANDARDS.
1 25 a. All new construction of publicly financed housing shall
1 26 incorporate minimum universal design standards in its design
1 27 and construction.
1 28 b. The state building code commissioner shall, after
1 29 consultation with the Iowa finance authority, the Iowa
1 30 department of economic development, the Iowa civil rights
1 31 commission, the department of elder affairs, representatives
1 32 of the homebuilding industry, and advocates for persons with
1 33 disabilities, adopt rules, pursuant to chapter 17A, to
1 34 establish minimum universal design standards. The rules shall
1 35 address, at a minimum, the following subjects:
2 1 (1) Accessible entrances, doorways, and hallways. At
2 2 least one entrance shall be accessible and on an accessible
2 3 route into and through the dwelling.
2 4 (2) Accessible and adaptable bathrooms. At least one
2 5 bathroom shall be accessible and adaptable.
2 6 (3) Accessible electrical, light, and environmental
2 7 controls.
2 8 (4) Provisions to allow elements of the minimum universal
2 9 design standards to be waived for a specific project if strict
2 10 compliance is determined to be prohibitively costly or
2 11 technically infeasible. The state agency or political
2 12 subdivision administering or providing the public funds shall
2 13 make such determinations and shall report such determinations
2 14 to the building code commissioner.
2 15 4. ENFORCEMENT. The entity by or through which the public
2 16 funding or assistance for publicly financed housing is
2 17 administered shall enforce the requirements of this section.
2 18 This section shall not be construed to require the department
2 19 of public safety to engage in enforcement activities.
2 20 5. APPLICABILITY. The requirements of this section shall
2 21 apply to any publicly financed housing constructed in whole or
2 22 in part with public funds, for which a building permit is
2 23 requested on or after July 1, 2006.
2 24 EXPLANATION
2 25 This bill requires the state building code commissioner to
2 26 adopt rules to adopt by rule minimum universal design
2 27 standards, relating to accessibility, applicable to publicly
2 28 financed housing constructed in whole or in part with public
2 29 funds. Publicly financed housing is defined as any single=
2 30 family home, townhouse, duplex, and any other building with
2 31 three or fewer dwelling units constructed with public funds.
2 32 The bill provides that the design standards shall apply to
2 33 new construction of publicly financed housing for which a
2 34 building permit is requested on or after July 1, 2006. The
2 35 bill requires the state building code commissioner to consult
3 1 with the Iowa finance authority, the Iowa department of
3 2 economic development, the Iowa civil rights commission, the
3 3 department of elder affairs, representatives of the
3 4 homebuilding industry, and advocates for persons with
3 5 disabilities prior to adopting rules. The bill further
3 6 provides that the universal design standards shall address
3 7 accessible entrances, doorways, hallways, bathrooms, and
3 8 environmental controls, and shall include a waiver provision.
3 9 The bill provides that enforcement of the bill shall be by the
3 10 public entity providing the public funds for the housing.
3 11 LSB 2105HH 81
3 12 ec:nh/sh/8