SENATE FILE 115

BY  BOLKCOM and JOCHUM

A BILL FOR

An Act requiring that certain housing constructed using public funds incorporate minimum universal design standards relating to accessibility.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  NEW SECTION.  104A.3  Minimum universal design standards —— accessibility.
   1.  Findings.  The general assembly finds and declares it is the policy of this state to encourage the design and construction of affordable homes and apartments that people of all ages and abilities can independently access, enter, and visit. Incorporating universal design features into new construction dramatically reduces the need to make and pay for home modifications that address accessibility and use restrictions related to aging and temporary or long-term injury, illness, or disability.
   2.  Definitions.  For purposes of this section, unless the context otherwise requires:
   a.  “New construction” means housing that is being constructed on-site and did not previously exist in residential or nonresidential form. “New construction” does not include the alteration, renovation, or remodeling of an existing structure.
   b.  “Publicly financed housing” includes any single-family home, townhouse, duplex, and any other building with three or fewer dwelling units constructed in whole or in part using public funding or assistance provided by or through the state or any political subdivision of the state.
   3.  Standards.
   a.  All new construction of publicly financed housing shall incorporate minimum universal design standards in its design and construction.
   b.  The state building code commissioner shall, after consultation with the Iowa finance authority, the Iowa department of economic development, the Iowa civil rights commission, the department on aging, representatives of the homebuilding industry, and advocates for persons with disabilities, adopt rules, pursuant to chapter 17A, to establish minimum universal design standards. The rules shall address, at a minimum, the following subjects:
   (1)  Accessible entrances, doorways, and hallways. At least one entrance shall be accessible and on an accessible route into and through the dwelling.
   (2)  Accessible and adaptable bathrooms. At least one bathroom shall be accessible and adaptable.
   (3)  Accessible electrical, light, and environmental controls.
   (4)  Provisions to allow elements of the minimum universal design standards to be waived for a specific project if strict compliance is determined to be prohibitively costly or technically infeasible. The state agency or political subdivision administering or providing the public funds shall make such determinations and shall report such determinations to the building code commissioner.
   4.  Enforcement.  The entity by or through which the public funding or assistance for publicly financed housing is administered shall enforce the requirements of this section. This section shall not be construed to require the department of public safety to engage in enforcement activities.
   5.  Applicability.  The requirements of this section shall apply to any publicly financed housing for which a building permit is requested on or after July 1, 2012.
EXPLANATION
   This bill requires the state building code commissioner to adopt by rule minimum universal design standards relating to accessibility and applicable to publicly financed housing. Publicly financed housing is defined as any single-family home, townhouse, duplex, and any other building with three or fewer dwelling units constructed in whole or in part with public funds.
   The bill provides that the design standards shall apply to new construction of publicly financed housing for which a building permit is requested on or after July 1, 2012. The bill requires the state building code commissioner to consult with the Iowa finance authority, the Iowa department of economic development, the Iowa civil rights commission, the department on aging, representatives of the homebuilding industry, and advocates for persons with disabilities prior to adopting rules. The bill further provides that the universal design standards shall address accessible entrances, doorways, hallways, bathrooms, and environmental controls, and shall include a waiver provision. 
   The bill provides that enforcement of the bill shall be by the public entity providing the public funds for the housing.