[Federal Register Volume 69, Number 151 (Friday, August 6, 2004)]
[Notices]
[Pages 47947-47948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17942]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4943-N-01]


Notice of Draft Report of the U.S. Department of Housing and 
Urban Development Review of the Fair Housing Accessibility Requirements 
in the 2003 International Building Code Accessibility Provisions and 
Solicitation of Comments

AGENCY: Office of the Assistant Secretary for Fair Housing and Equal 
Opportunity, HUD.

ACTION: Notice and solicitation of comments.

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SUMMARY: The United States Department of Housing and Urban Development 
(HUD or the Department) announces a draft report of its review of the 
Fair Housing Act's accessibility requirements in the 2003 International 
Building Code.\1\ The Department conducted this review in response to a 
request from the International Code Council (ICC). The draft report 
identifies the variances between the Fair Housing Act's design and 
construction requirements and the 2003 International Building Code.
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    \1\ The 2003 International Building Code (copyright) is a 
copyrighted work owned by the International Code Council, Inc.
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    The draft report discusses only variances that may not meet the 
Fair Housing Act's design and construction requirements. As stated in 
the SUPPLEMENTARY INFORMATION section of this notice, the draft report 
is a precursor to a final report that HUD will publish in the Federal 
Register. After receipt and review of public comments, the Department 
will make its final revisions to the draft report and then issue the 
final report.

DATES: Comments Due Date: September 7, 2004.
    Submission of Comments & Addresses: Interested persons are invited 
to submit comments regarding the issues discussed in this draft report. 
Written comments should be submitted to Surrell Silverman, Reports 
Liaison Officer, Office of Fair Housing and Equal Opportunity at 451 
Seventh Street, SW., Room 5124, Washington, DC 20410-0500. Telephone 
number (202) 708-4150. Written comments must be submitted by close of 
business (6 p.m. EDT).
    Location of Documents: The HUD draft report is located at [http://www.hud.gov/offices/fheo/disabilities/modelcodes/]. The Fair Housing 
Act, the Fair Housing Act regulations, and the Fair Housing 
Accessibility Guidelines can also be obtained through links provided at 
this Web site. The report is designed primarily to provide technical 
assistance in response to the request the Department received from ICC 
and thus, because the report is responding to code language, it may be 
using terms unfamiliar to the general public. The Department has 
arranged to have all of the source documents that the Department used 
in the analysis available to the public during the period of this 
request for public comments. The source documents that the Department 
reviewed are available at http://fairhousing.iccsafe.org/nt_2000. ICC 
has agreed to provide free of charge access to the chapters of the 2003 
IBC that the Department reviewed. The 1998 edition of the American 
National Standards Institute (ANSI) A117.1 standard, ``Accessible and 
Usable Buildings and Facilities,'' is available for purchase at that 
Web address.
    Copies of all the relevant documents are also available for viewing 
at the HUD Library at 451 Seventh St., SW., Washington, DC 20410. To 
gain admission to the HUD Library you must present identification to 
the security guards and ask to visit the library. Photocopying in the 
HUD library is limited to 40 pages. With the exception of the HUD draft 
report, all of the source documents are copyrighted and therefore not 
available for photocopying.

FOR FURTHER INFORMATION CONTACT: Cheryl Kent, Special Advisor for 
Disability Policy, Office of Fair Housing and Equal Opportunity, 
Department of Housing and Urban Development, 451 Seventh Street, SW., 
Room 5240, Washington, DC 20410-0500; telephone (202) 708-2333, 
extension 7058 (voice). (This is not a toll-free number). Hearing or 
speech-impaired individuals may access this number through TTY by 
calling the toll-free Federal Information Relay Service at 800-877-8399 
(TTY).

SUPPLEMENTARY INFORMATION: Title VIII of the Civil Rights Act of 1968, 
as amended (commonly known as the Fair Housing Act), 42 U.S.C. 3601 et 
seq., makes it unlawful to discriminate in any aspect relating to the 
sale or rental of dwellings, in the availability of residential real 
estate-related transactions, or in the provision of services and 
facilities in connection therewith because of race, color, religion, 
sex, disability (handicap),\2\ familial status, or national origin.
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    \2\ The Fair Housing Act refers to people with ``handicaps.'' 
Subsequently, in the Americans with Disabilities Act of 1990 and 
other legislation. Congress adopted the term ``persons with 
disabilities,'' or ``disability,'' which is the preferred usage.
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    The Fair Housing Act (the Act) and the Department's implementing 
regulations provide that discrimination includes the failure to design 
and construct covered multifamily dwellings built for first occupancy 
after March 13, 1991 to include certain features of accessible and 
adaptable design. Covered multifamily dwellings are ``buildings 
consisting of 4 or more units if such buildings have one or more 
elevators; and ground floor units in other buildings consisting of 4 or 
more units.'' 42 U.S.C. 3604(f)(7). The Act's requirements apply 
irrespective of type of ownership, covering both rental and for sale 
units, as long as there are four or more units in the building. Covered 
multifamily dwellings must be designed and constructed so that: (1) The 
public and common use portions of such dwellings are readily accessible 
to and usable by persons with disabilities; (2) All the doors designed 
to allow passage into and within all premises within such dwellings are 
sufficiently wide to allow passage by disabled persons in wheelchairs; 
and (3) All premises within such dwellings contain the following 
features of adaptive design: (a) An accessible route into and through 
the dwelling; (b) Light switches, electrical outlets, thermostats, and 
other environmental controls in accessible locations; (c) 
Reinforcements in bathroom walls to allow later installation of grab 
bars; and (d) Usable kitchens and bathrooms such that an individual in 
a wheelchair can maneuver about the space. 42 U.S.C. 3604(f)(3)(C). 
These basic accessibility requirements are known as the Act's design 
and construction requirements.
    The Act does not set forth specific technical design criteria that 
have to be followed in order to comply with the design and construction 
requirements. It does provide, however, that compliance with the 
appropriate requirements of the American National Standard Institute 
for Buildings and Facilities--Providing Accessibility and Usability for 
Physically Handicapped People,

[[Page 47948]]

commonly referred to as ANSI A117.1, satisfies the Act's design and 
construction requirements for the interiors of dwelling units. 42 
U.S.C. 3604(f)(4).
    The Act states that Congress did not intend the Department to 
require states and units of local government to include the Act's 
accessibility requirements in their state and local procedures for the 
review and approval of newly constructed covered multifamily dwellings. 
42 U.S.C. Sec. 3604(f)(5)(C). However, Congress authorized the 
Department to encourage the inclusion of these requirements into their 
state and local procedures. Id. In addition, Congress directed the 
Secretary of HUD to ``provide technical assistance to states and units 
of local government and other persons to implement [the design and 
construction requirements].''
    ICC requested that the Department determine whether the 
accessibility provisions of the 2003 International Building Code meet 
the accessibility requirements of the Act, the Department's regulations 
implementing the 1988 Amendments to the Act, and the Fair Housing 
Accessibility Guidelines (the Guidelines). The Department believes such 
reviews fall under its authority to provide technical assistance under 
the Act. The purpose of the Department's draft report is to present the 
results of and seek public comment on the Department's review of 
certain accessibility provisions of the 2003 International Building 
Code (``2003 IBC''), published by ICC.
    The Department is not promulgating any new technical requirements 
or standards by way of this draft report. This draft report and the 
final report will serve solely to respond to ICC's request for 
technical assistance and to provide technical assistance to other 
interested parties. This request for comment on the draft report is not 
a solicitation for changes to the design and construction requirements 
of the Act, the Department's implementing regulations, or the 
Guidelines.
    Prior to finalizing this report, the Department seeks public 
comment on the identification of variances and the recommendations 
contained in the draft report. Department staff have carefully reviewed 
and commented on the draft report and would like to hear from persons 
with disabilities, organizations representing persons with 
disabilities, code officials, home builders, and other interested 
parties prior to finalizing the report.
    The draft report focuses only on the areas where the 2003 IBC does 
not meet the requirements of the Act, the Department's regulations 
implementing the Act, the Guidelines, or ICC/ANSI A117.1-1998. If a 
particular provision of a code is not discussed, then the reader should 
presume that the position of the Department is that the provision meets 
the requirements of the Act even if the wording of the code provision 
and the Act's requirements are not identical.
    The Department will consider all comments received by close of 
business (6:00 p.m. EDT) on September 7, 2004 and will then publish its 
final report in the Federal Register.

    Dated: July 30, 2004.
Carolyn Peoples,
Assistant Secretary for Fair Housing and Equal Opportunity.
[FR Doc. 04-17942 Filed 8-5-04; 8:45 am]
BILLING CODE 4210-28-P