Senate File 2106 - IntroducedA Bill ForAn Act 1requiring that certain housing constructed using public
2funds incorporates minimum universal design standards
3relating to accessibility.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  NEW SECTION.  104A.3  Minimum universal design
2standards — accessibility.
  
   31.  Findings.  The general assembly finds and declares
4it is the policy of this state to encourage the design and
5construction of affordable homes and apartments that people
6of all ages and abilities can independently access, enter,
7and visit. Incorporating universal design features into new
8construction dramatically reduces the need to make and pay
9for home modifications that address accessibility and use
10restrictions related to aging and temporary or long-term
11injury, illness, or disability.
   122.  Definitions.  For purposes of this section, unless the
13context otherwise requires:
   14a.  “New construction” means housing that is being
15constructed on-site and did not previously exist in residential
16or nonresidential form. “New construction” does not include the
17alteration, renovation, or remodeling of an existing structure.
   18b.  “Publicly financed housing” includes any single-family
19home, townhouse, duplex, and any other building with three or
20fewer dwelling units constructed in whole or in part using
21public funding or assistance provided by or through the state
22or any political subdivision of the state.
   233.  Standards.
   24a.  All new construction of publicly financed housing shall
25incorporate minimum universal design standards in its design
26and construction.
   27b.  The state building code commissioner shall, after
28consultation with the Iowa finance authority, the Iowa
29department of economic development, the Iowa civil rights
30commission, the department on aging, representatives of
31the homebuilding industry, and advocates for persons with
32disabilities, adopt rules, pursuant to chapter 17A, to
33establish minimum universal design standards. The rules shall
34address, at a minimum, the following subjects:
   35(1)  Accessible entrances, doorways, and hallways. At least
-1-1one entrance shall be accessible and on an accessible route
2into and through the dwelling.
   3(2)  Accessible and adaptable bathrooms. At least one
4bathroom shall be accessible and adaptable.
   5(3)  Accessible electrical, light, and environmental
6controls.
   7(4)  Provisions to allow elements of the minimum universal
8design standards to be waived for a specific project if
9strict compliance is determined to be prohibitively costly
10or technically infeasible. The state agency or political
11subdivision administering or providing the public funds shall
12make such determinations and shall report such determinations
13to the building code commissioner.
   144.  Enforcement.  The entity by or through which the
15public funding or assistance for publicly financed housing is
16administered shall enforce the requirements of this section.
17This section shall not be construed to require the department
18of public safety to engage in enforcement activities.
   195.  Applicability.  The requirements of this section shall
20apply to any publicly financed housing for which a building
21permit is requested on or after July 1, 2021.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
   25This bill requires the state building code commissioner to
26adopt by rule minimum universal design standards relating to
27accessibility and applicable to publicly financed housing.
28“Publicly financed housing” is defined as any single-family
29home, townhouse, duplex, and any other building with three
30or fewer dwelling units constructed in whole or in part with
31public funds.
   32The bill provides that the design standards shall apply
33to new construction of publicly financed housing for which
34a building permit is requested on or after July 1, 2021.
35The bill requires the state building code commissioner to
-2-1consult with the Iowa finance authority, the Iowa department
2of economic development, the Iowa civil rights commission,
3the department on aging, representatives of the homebuilding
4industry, and advocates for persons with disabilities prior to
5adopting rules. The bill further provides that the universal
6design standards shall address accessible entrances, doorways,
7hallways, bathrooms, and environmental controls, and shall
8include a waiver provision.
   9The bill provides that enforcement of the bill shall be by
10the public entity providing the public funds for the housing.
-3-
ss/rn