[Federal Register Volume 72, Number 137 (Wednesday, July 18, 2007)]
[Proposed Rules]
[Pages 39540-39544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13886]



[[Page 39539]]

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Part IV





Department of Housing and Urban Development





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24 CFR Part 100



Design and Construction Requirements; Compliance With ANSI A117.1 
Standards; Proposed Rule

  Federal Register / Vol. 72, No. 137 / Wednesday, July 18, 2007 / 
Proposed Rules  

[[Page 39540]]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 100

[Docket No. FR-5006-P-01]
RIN 2529-AA92


Design and Construction Requirements; Compliance With ANSI A117.1 
Standards

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

ACTION: Proposed rule.

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SUMMARY: This proposed rule would amend HUD's regulations with respect 
to the design and construction requirements of the Fair Housing Act and 
its amendments by updating and clarifying the references to the 
American National Standards Institute (ANSI) building standard for 
accessibility and by codifying the current HUD recognized safe harbors 
under the Act. The ANSI A117.1 standard is the technical standard for 
the design of facilities that are accessible to persons with 
disabilities, including housing facilities, and is commonly referred to 
as ``ANSI A117.1.'' The ANSI A117.1 standard is referenced in the 1988 
amendments to the Fair Housing Act. Compliance with ANSI A117.1 
satisfies the accessibility requirements of the Fair Housing Act and 
its amendments. This proposed rule would update the references to the 
ANSI A117.1 to adopt the 2003 edition of the standard. This proposed 
rule would also clarify that compliance with the appropriate 
requirements of the 1986, 1992, and 1998 editions also remains 
sufficient to meet the design and construction requirements of the Fair 
Housing Act and its amendments.

DATES: Comment Due Date: September 17, 2007.

ADDRESSES: Interested persons are invited to submit comments regarding 
this proposed rule to the Office of General Counsel, Rules Docket 
Clerk, Department of Housing and Urban Development, 451 Seventh Street, 
SW., Room 10276, Washington, DC 20410-0500. Communications should refer 
to the above docket number and title.
    Electronic Submission of Comments. Interested persons may submit 
comments electronically through the Federal eRulemaking Portal at 
www.regulations.gov. HUD strongly encourages commenters to submit 
comments electronically. Electronic submission of comments allows the 
commenter maximum time to prepare and submit a comment, ensures timely 
receipt by HUD, and enables HUD to make them immediately available to 
the public. Comments submitted electronically through the 
www.regulations.gov Web site can be viewed by other commenters and 
interested members of the public. Commenters should follow the 
instructions provided on that site to submit comments electronically.
    No Facsimile Comments. Facsimile (FAX) comments are not acceptable. 
In all cases, communications must refer to the docket number and title.
    Public Inspection of Public Comments. All comments and 
communications submitted to HUD will be available, without charge, for 
public inspection and copying between 8 a.m. and 5 p.m. weekdays at the 
above address. Due to security measures at the HUD Headquarters 
building, an advance appointment to review the public comments must be 
scheduled by calling the Regulations Division at (202) 708-3055 (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) 877-8339. Copies of all comments 
submitted are available for inspection and downloading at 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Cheryl Kent, Special Advisor for 
Disability Policy, Office of Enforcement, Office of Fair Housing and 
Equal Opportunity, Department of Housing and Urban Development, 451 
Seventh Street, SW., Washington, DC 20410-2000; telephone number (202) 
708-2333 (this is not a toll-free number). Hearing-or speech-impaired 
individuals may access this number via TTY by calling the toll-free 
Federal Information Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION:

I. Background

    Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.) 
(the Fair Housing Act) prohibits discrimination in housing and housing-
related transactions based on race, color, religion, national origin, 
and sex. The Fair Housing Amendments Act of 1988 expanded the coverage 
of the Fair Housing Act to include families with children and persons 
with disabilities.\1\ The Fair Housing Act now provides that unlawful 
discrimination against persons with disabilities includes the failure 
to design and construct covered multifamily dwellings for first 
occupancy after March 13, 1991, in a manner that ``(1) the public and 
common use portions of such dwellings are readily accessible to and 
usable by handicapped persons; (2) all the doors designed to allow 
passage into and within all premises within such dwellings are 
sufficiently wide to allow passage by handicapped 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.'' 
Additionally, the Fair Housing Act states that compliance with the 
appropriate requirements of the American National Standard for 
buildings and facilities providing accessibility and usability for 
physically handicapped people (commonly cited as ``ANSI A117.1'') 
suffices to satisfy the above-listed requirements.
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    \1\ 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. 
Accordingly, this document hereinafter uses the terms ``persons with 
disabilities,'' ``disability,'' or ``disabled,'' unless directly 
quoting the Fair Housing Act.
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    On January 23, 1989 (54 FR 3232), HUD published its final 
regulation implementing the Fair Housing Amendments Act of 1988. In the 
final regulation, HUD adopted the 1986 edition of ANSI A117.1, which 
was the most recent edition in effect at that time, as the appropriate 
edition for acceptable compliance with the Fair Housing Act. HUD's 
regulation adopting ANSI A117.1 is located at 24 CFR 100.201. HUD's 
regulations implementing the design and construction requirements are 
located at 24 CFR 100.205.

II. This Proposed Rule

A. Updated ANSI A117.1 References Adopting 2003, 1998, and 1992 
Editions

    This proposed rule would update the references to ANSI A117.1 to 
adopt the appropriate requirements in the 2003, 1998, and 1992 editions 
as satisfying the design and construction requirements of the Fair 
Housing Act. Since HUD published its 1989 final rule implementing the 
Act and referencing the 1986 edition of ANSI A117.1-1986, three 
subsequent editions of ANSI A117.1 have been published--in 1992, 1998, 
and 2003. The Council of American Building Officials (CABO) published 
the 1992 edition, and the International Code Council (ICC)

[[Page 39541]]

published the 1998 and 2003 editions. These three latest editions are 
referred to as ICC/ANSI A117.1-2003, ICC/ANSI A117.1-1998, and CABO/
ANSI A117.1-1992. Both the 1998 and 2003 editions of ANSI contain 
requirements for various types of units containing accessible features: 
Accessible Units (which are not limited to dwelling units), Type A 
Dwelling Units, Type B Dwelling Units, and Dwelling Units with 
Accessible Communication Features. The Type B dwelling unit is intended 
to comply with those features of accessible and adaptable design 
required by the Fair Housing Act. Accessible units and Type A dwelling 
units provide for a stricter degree of accessibility than is required 
by the Fair Housing Act and, as such, would meet the requirements of 
the Fair Housing Act as long as the scoping requirements in the Fair 
Housing Act, HUD's regulations, and HUD's Fair Housing Accessibility 
Guidelines (``Guidelines'') also are met. However, the Fair Housing Act 
does not require compliance with Accessible units or with Type A 
dwelling units.
    In 1999 and 2004, and, more recently, in 2006, HUD reviewed certain 
model building codes to determine if those codes meet the design and 
construction requirements set forth in the Fair Housing Act, HUD's Fair 
Housing Act regulations (``regulations''), and the Guidelines. In 
conjunction with these reviews, HUD reviewed the 1992, 1998, and 2003 
editions of ANSI A117.1. On March 23, 2000 (65 FR 15740), HUD published 
its Final Report of HUD Review of Model Building Codes. In this report, 
HUD stated that it reviewed the 1992 CABO/ANSI A117.1 and the 1998 ICC/
ANSI A117.1 and determined that these editions provide at least the 
same level of accessibility as the 1986 edition of ANSI A117.1. HUD 
reiterated this view in its ``Final Report of HUD Review of the Fair 
Housing Accessibility Requirements in the 2003 International Building 
Code'' (70 FR 9738, published February 28, 2005), which uses the 1998 
edition of ICC/ANSI A117.1. Both of these reports are available at 
http://www.hud.gov/offices/fheo/disabilities/modelcodes/. More 
recently, in connection with its review of the 2006 International 
Building Code (IBC), HUD reviewed the 2003 ICC/ANSI A117.1. A notice 
about this latter review is published elsewhere in today's edition of 
the Federal Register. As a result of this latter review, the Department 
believes that compliance with the appropriate technical requirements of 
ICC/ANSI A117.1-2003 satisfies the design and construction requirements 
of the Fair Housing Act when used together with the Act, the 
Department's regulations, and the Fair Housing Accessibility Guidelines 
for the scoping requirements. As noted in the Department's earlier 
reports referenced above, the Department has determined that compliance 
with ICC/ANSI A117.1-1998, CABO/ANSI A117.1-1992, or ANSI A117.1-1986 
satisfies the design and construction requirements of the Fair Housing 
Act. These reports also indicate that because the ANSI A117.1 standard 
contains only technical criteria, designers and builders that are 
relying on the standard also need to consult the Fair Housing Act, the 
Department's implementing regulations, and the Fair Housing 
Accessibility Guidelines for the scoping criteria. Scoping criteria 
define when a building, element, or space must be accessible. Designers 
and builders also have the option of following one of the other HUD-
recognized safe harbors. This option is discussed in more detail below.

B. HUD-Recognized Safe Harbors for Compliance With the Fair Housing 
Act's Design and Construction Requirements

    Pursuant to publication of HUD's March 23, 2000, and February 28, 
2005, reports, representatives from the building industry, code 
organizations, and advocacy groups requested technical assistance from 
the Department in developing code text changes for certain editions of 
the IBC, as well as in the development of a document that would compile 
housing-related code provisions in one document. Based on these 
requests, the Department has taken several steps, in addition to those 
discussed above, to effect code text changes to the IBC that will 
ensure that future editions of the IBC meet the accessibility 
requirements of the Fair Housing Act with respect to facilities subject 
to the Fair Housing Act. With the recognition of ICC/ANSI A117.1-2003 
and the 2006 IBC as safe harbors, the Department currently recognizes 
ten safe harbors for compliance with the design and construction 
requirements of the Fair Housing Act. These documents are:
    1. Fair Housing Accessibility Guidelines, March 6, 1991 (http://www.hud.gov/offices/fheo/disabilities/fhefhag.cfm), in conjunction with 
the June 28, 1994, Supplement to Notice of Fair Housing Accessibility 
Guidelines: Questions and Answers About the Guidelines (http://www.hud.gov/offices/fheo/disabilities/fhefhasp.cfm);
    2. Fair Housing Act Design Manual (http://www.huduser.org/publications/destech/fairhousing.html), published by HUD in 1996 and 
updated in 1998;
    3. ANSI A117.1-1986, Accessible and Usable Buildings and 
Facilities, in conjunction with the Fair Housing Act (available from 
Global Engineering Documents, 15 Inverness Way East, Englewood, 
Colorado 90112), HUD's regulations, and the Guidelines for the scoping 
requirements;
    4. CABO/ANSI A117.1-1992, Accessible and Usable Buildings and 
Facilities, in conjunction with the Fair Housing Act (http://www.iccsafe.org), HUD's regulations, and the Guidelines for the scoping 
requirements;
    5. ICC/ANSI A117.1-1998, Accessible and Usable Buildings and 
Facilities, in conjunction with the Fair Housing Act (http://www.iccsafe.org), HUD's regulations, and the Guidelines for the scoping 
requirements;
    6. ICC/ANSI A117.1-2003, Accessible and Usable Buildings and 
Facilities, in conjunction with the Fair Housing Act (http://www.iccsafe.org), HUD's regulations, and the Guidelines for the scoping 
requirements;
    7. 2000 ICC Code Requirements for Housing Accessibility (CRHA), 
published by the International Code Council (ICC), October 2000 (http://www.iccsafe.org) (ICC has issued an errata sheet to the CRHA);
    8. 2000 International Building Code, as amended by the 2001 
Supplement to the International Building Code (2001 IBC Supplement);
    9. 2003 International Building Code published by ICC (http://www.iccsafe.org), December 2002, with one condition: Effective February 
28, 2005, HUD determined that the IBC 2003 is a safe harbor, 
conditioned upon ICC publishing and distributing a statement to 
jurisdictions and past and future purchasers of the 2003 IBC stating, 
``ICC interprets Section 1104.1, and specifically the Exception to 
Section 1104.1, to be read together with Section 1107.4, and that the 
Code requires an accessible pedestrian route from site arrival points 
to accessible building entrances, unless site impracticality applies. 
Exception 1 to Section 1107.4 is not applicable to site arrival points 
for any Type B dwelling units because site impracticality is addressed 
under Section 1107.7''; and
    10. 2006 International Building Code, published by ICC (http://www.iccsafe.org) \2\ in January 2006, with

[[Page 39542]]

a January 31, 2007, erratum to correct the text missing from Section 
1107.7.5 (see the Department's report on its review of this document 
elsewhere in today's Federal Register) and interpreted in accordance 
with the relevant 2006 IBC Commentary.
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    \2\ ICC's Web site includes information about the condition on 
the 2003 IBC at the following links: http://www.iccsafe.org/news/nr/2005/index.html; http://www.iccsafe.org/government/news/; and http://www.iccsafe.org/news/ePeriodicals/eNews/archive/ICCeNews_0305.html.
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    HUD's March 23, 2000, Final Report addresses HUD's policy with 
respect to the above safe harbors. If a state or locality has adopted 
one of the above documents without modification to the provisions that 
address the Fair Housing Act requirements, a building covered by the 
Act's design and construction requirements will be deemed compliant, 
provided: (1) The building is designed and constructed in accordance 
with plans and specifications approved during the building permitting 
process and (2) the building code official does not waive, incorrectly 
interpret, or misapply one or more of those requirements. However, 
neither the fact that a jurisdiction has adopted a code that conforms 
with the accessibility requirements of the Fair Housing Act, nor that 
construction of a building subject to the Fair Housing Act was approved 
under such a code, changes HUD's statutory responsibility to conduct an 
investigation, following receipt of a complaint from an aggrieved 
person, to determine whether the requirements of the Fair Housing Act 
have been met. Nor does either fact prohibit the Department of Justice 
from investigating whether violations of the Fair Housing Act's design 
and construction provisions may have occurred. The Fair Housing Act 
provides that: ``determinations by a State or unit of general local 
government under paragraphs 5(A) and (B) shall not be conclusive in 
enforcement proceedings under this title.''
    HUD's investigation of an accessibility discrimination complaint 
under the Fair Housing Act typically involves a review of building 
permits, certificates of occupancy, and construction documents showing 
the design of the buildings and the site, and conduct of an on-site 
survey of the buildings and property. During the investigation, HUD 
investigators take measurements of relevant interior and exterior 
elements on the property. All parties to the complaint have an 
opportunity to present evidence concerning whether HUD has jurisdiction 
over the complaint, and whether the Act has been violated as alleged. 
In enforcing the design and construction requirements of the Fair 
Housing Act, a prima facie case may be established by proving a 
violation of HUD's Fair Housing Accessibility Guidelines. This prima 
facie case may be rebutted by demonstrating compliance with a 
recognized, comparable, objective measure of accessibility. See Order 
on Secretarial Review, U.S. Department of Housing and Urban Development 
and Montana Fair Housing, Inc. v. Brent Nelson, HUD ALJ 05-068FH 
(September 21, 2006) (2006 WL 4540542). In making a determination as to 
whether the design and construction requirements of the Fair Housing 
Act have been violated, HUD uses the Fair Housing Act, the regulations, 
and the Guidelines, all of which reference the technical standards 
found in ANSI A117.1-1986.
    It is the Department's position that the above-named documents 
represent safe harbors only when used in their entirety; that is, once 
a specific safe harbor document has been selected, the building in 
question should comply with all of the provisions in that document that 
address the Fair Housing Act design and construction requirements to 
ensure the full benefit of the safe harbor. The benefit of safe harbor 
status may be lost if, for example, a designer or builder chooses to 
select provisions from more than one of the above safe harbor documents 
or from a variety of sources, and will be lost if waivers of provisions 
are requested and obtained. A designer or builder taking this approach 
runs the risk of building an inaccessible property. While this does not 
necessarily mean that failure to meet all of the respective provisions 
of a specific safe harbor document will result in unlawful 
discrimination under the Fair Housing Act, designers and builders that 
choose to depart from the provisions of a specific safe harbor bear the 
burden of demonstrating that their actions result in compliance with 
the Act's design and construction requirements. HUD's purpose in 
recognizing a number of safe harbors for compliance with the Fair 
Housing Act's design and construction requirements is to provide a 
range of options that, if followed in their entirety during the design 
and construction phase without modification or waiver, will result in 
residential buildings that comply with the design and construction 
requirements of the Act.
    This proposed rule therefore proposes to update the references to 
the ANSI A117.1 standard to adopt the 2003 edition, and to stipulate 
that compliance with the appropriate requirements of the 1998, 1992, 
and 1986 editions continues to satisfy the requirements of the Fair 
Housing Act. The proposed rule also updates the regulation to 
acknowledge all ten safe harbors currently recognized by HUD. This rule 
would not change either the scoping requirements or the substance of 
the existing accessible design and construction requirements contained 
in the regulations, nor would the rule state that compliance with the 
1986 ANSI standard is no longer appropriate. The appropriate 
requirements of the 1986, 1992, 1998, and 2003 editions of ANSI A117.1 
would all constitute safe harbors for compliance with the accessibility 
requirements of the Fair Housing Act, when used together with the Act, 
HUD's regulations, and the Guidelines for the scoping requirements.

C. Request for Public Comment

    While the Department's current position is outlined above, the 
Department is also interested in receiving public comments on the 
efficacy of continuing to recognize older editions of the ANSI A117.1 
standard. The Department anticipates updating its Fair Housing 
Accessibility Guidelines to reference a newer edition of ANSI A117.1 
for the technical requirements on how to make dwelling units and public 
and common use areas accessible. Once this happens, one option would be 
that buildings designed and constructed after the Guidelines are 
updated would need to meet the more recent edition of ANSI A117.1 
specified in the Guidelines, with respect to technical criteria. 
Another option would be to stipulate that the two most recent editions 
would suffice to meet the Act's technical criteria, when used with the 
scoping requirements in the Act, HUD's regulations, and the Guidelines. 
Similarly, the Department seeks public comment on how long the 
Department should continue to recognize earlier editions of the IBC. 
The Department recognizes that a model building code is not enforceable 
until a state or local jurisdiction adopts the model building code. The 
Department also recognizes that the code adoption process takes time 
and is not carried out by state or local jurisdictions on the same 
timetable under which the model building code is updated. The 
Department neither wishes nor intends to create burdens for state and 
local governments, and welcomes and encourages comments from state and 
local building code jurisdictions on this matter.

D. Other Accessibility Standards

    Nothing in the Fair Housing Act precludes a jurisdiction from 
adopting accessibility standards that provide a greater degree of 
accessibility than is required under the Fair Housing Act. In addition, 
residential properties may be subject to more than one accessibility 
standard. For example, when a residential property receives federal

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financial assistance, it must also comply with the accessibility 
requirements of Section 504 of the Rehabilitation Act of 1973 (Section 
504) and 24 CFR part 8. A complex that is covered by the Fair Housing 
Act may also be covered, in part, by the Americans with Disabilities 
Act (ADA), e.g., the rental office and any other place of public 
accommodation that is leased or used by persons other than the 
residents and their guests. This proposed rule would apply only to the 
accessibility requirements of the Fair Housing Act. Therefore, this 
proposed rule would not constitute a change in the requirements for 
compliance for federally funded facilities and dwelling units covered 
by Section 504 or the Architectural Barriers Act (ABA), which must 
comply with their respective regulatory requirements at 24 CFR part 8 
and 24 CFR part 40, including the Uniform Federal Accessibility 
Standard (UFAS), the ADA, and the Department of Justice's regulations 
for the ADA. However, to the extent that the requirements of the Fair 
Housing Act apply to the same dwelling units that are subject to the 
requirements of Section 504, the ABA, or the ADA, the safe harbors for 
compliance outlined in this proposed rule shall be applied to those 
dwelling units that are subject to the Fair Housing Act, but shall not 
be applied to dwelling units covered by the stricter requirements of 
Section 504 and the ABA, or the ADA, where applicable.

III. Additional Information

    A link to the Department's report of its review of the 2006 
International Building Code, as well as the February 28, 2005 and March 
23, 2000, reports, is located at http://www.hud.gov/offices/fheo/disabilities/modelcodes/. The Fair Housing Act, as amended in 1988, and 
the Fair Housing Accessibility Guidelines can also be obtained through 
links provided at this Web site. The Fair Housing Act regulations are 
located at http://www.access.gpo.gov/nara/cfr/waisidx_00/24cfr100_00.html. CABO/ANSI A117.1-1992, ICC/ANSI A117.1-1998, and ICC/ANSI 
A117.1-2003 are available for purchase at http://www.iccsafe.org/e/category.html. ANSI A117.1-1986 is available for purchase from Global 
Engineering Documents, 15 Inverness Way East, Englewood, Colorado 
80112.

IV. Findings and Certifications

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) 
generally requires an agency to conduct a regulatory flexibility 
analysis on any rule subject to notice and comment rulemaking 
requirements, unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
This proposed rule would adopt the 2003 edition of ANSI A117.1 for 
purposes of defining technical standards for accessibility for covered 
multifamily dwellings. The proposed rule would also provide that 
compliance with the 1986 edition of ANSI A117.1 HUD previously adopted, 
as well as with the 1992 and 1998 editions of ANSI A117.1, would meet 
with the requirements of the Fair Housing Act and of HUD-recognized 
safe harbors. Small entities need not incur a significant economic 
impact, as small entities can still be in compliance with the 
requirements of the Fair Housing Act if they continue to use the 1986 
ANSI A117.1 technical standard. Adopting the 2003 edition, as well as 
the 1992 and 1998 editions of the standard, may even alleviate a 
significant economic impact for small entities, as those entities may 
find compliance with more recent editions of the ANSI A117.1 standard 
to be less burdensome than compliance with the 1986 edition. The 
proposed rule would not impose an undue burden on small entities, as 
the rule would merely codify the use of more recent ANSI A117.1 
standards as satisfying the design and construction requirements of the 
Fair Housing Act. Therefore, the undersigned certifies that this 
proposed rule will not have a significant economic impact on a 
substantial number of small entities.
    Notwithstanding HUD's determination that this rule will not have a 
significant economic effect on a substantial number of small entities, 
HUD specifically invites comments regarding any less burdensome 
alternatives to this rule that will meet HUD's objectives as described 
in this preamble.

Federalism Impact

    Executive Order 13132 (entitled ``Federalism'') prohibits, to the 
extent practicable and permitted by law, an agency from promulgating a 
regulation that has federalism implications and either imposes 
substantial direct compliance costs on state and local governments and 
is not required by statute, or preempts state law, unless the relevant 
requirements of section 6 of the Executive Order are met. This rule 
does not have federalism implications and does not impose substantial 
direct compliance costs on state and local governments or preempt state 
law within the meaning of the Executive Order.

Environmental Impact

    This proposed rule is a policy document that sets out fair housing 
and nondiscrimination standards. Accordingly, under 24 CFR 50.19(c)(3), 
this proposed rule is categorically excluded from environmental review 
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.).

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act (UMRA) of 1995 (2 
U.S.C. 1531-1538) requires federal agencies to assess the effects of 
their regulatory actions on state, local, and tribal governments, and 
on the private sector. This proposed rule does not impose, within the 
meaning of the UMRA, any federal mandates on any state, local, or 
tribal governments, or on the private sector.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance number for this program 
is 14.400.

List of Subjects in 24 CFR Part 100

    Fair housing, Individuals with disabilities.

    For the reasons stated in the preamble, HUD proposes to amend 24 
CFR part 100 as follows:

PART 100--DISCRIMINATORY CONDUCT UNDER THE FAIR HOUSING ACT

    1. The authority for 24 CFR part 100 continues to read as follows:

    Authority: 42 U.S.C. 3535(d), 3600-3620.

    2. In Sec.  100.201, revise the definitions of Accessible, 
Accessible route, ANSI A117.1, and Building entrance on an accessible 
route to read as follows:


Sec.  100.201  Definitions.

* * * * *
    Accessible when used with respect to the public and common use 
areas of a building containing covered multifamily dwellings, means 
that the public or common use areas of the building can be approached, 
entered, and used by individuals with physical disabilities. The phrase 
readily accessible to and usable by is synonymous with accessible. A 
public or common use area that complies with the appropriate 
requirements of ICC/ANSI A117.1-2003 or a comparable standard is deemed 
accessible within the meaning of this paragraph. A public or common use 
area that complies with the appropriate requirements of ANSI A117.1-
1986, CABO/ANSI A117.1-1992, or ICC/ANSI

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A117.1-1998 or a comparable standard is also deemed accessible within 
the meaning of this paragraph.
    Accessible route means a continuous unobstructed path connecting 
accessible elements and spaces in a building or within a site that can 
be negotiated by a person with a severe disability using a wheelchair 
and that is also safe for and usable by people with other disabilities. 
Interior accessible routes may include corridors, floors, ramps, 
elevators, and lifts. Exterior accessible routes may include parking 
access aisles, curb ramps, walks, ramps, and lifts. A route that 
complies with the appropriate requirements of ICC/ANSI A117.1-2003 or a 
comparable standard is an accessible route. A route that complies with 
the appropriate requirements of ANSI A117.1-1986, CABO/ANSI A117.1-
1992, or ICC/ANSI A117.1-1998 or a comparable standard also is an 
accessible route.
    ANSI A117.1 means the American National Standard for Accessible and 
Usable Buildings and Facilities. ICC/ANSI A117.1-2003 means the 2003 
edition of the American National Standard for Accessible Buildings and 
Facilities. ICC/ANSI A117.1-1998 means the 1998 edition of the American 
National Standard for Accessible and Usable Buildings and Facilities. 
CABO/ANSI A117.1-1992 means the 1992 edition of the American National 
Standard for Accessible and Usable Buildings and Facilities. ``ANSI 
A117.1-1986'' means the 1986 edition of the American National Standard 
for Buildings and Facilities--Providing Accessibility and Usability for 
Physically Handicapped People. This incorporation by reference was 
approved by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. Copies of ICC/ANSI A117.1-2003, ICC/
ANSI A117.1-1998, and CABO/ANSI A117.l-1992 may be obtained from the 
International Code Council, 5203 Leesburg Pike, Suite 600, Falls 
Church, Virginia 22041-3405. Copies of ANSI A117.1-1986 may be obtained 
from Global Engineering Documents, 15 Inverness Way East, Englewood, 
Colorado 80112. Copies of the 1986, 1992, 1998, and 2003 editions of 
ANSI A117.1 may be inspected at the Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 10276, Washington, DC 20410-
0001.
* * * * *
    Building entrance on an accessible route means an accessible 
entrance to a building that is connected by an accessible route to 
public transportation stops, to accessible parking and passenger 
loading zones, or to public streets or sidewalks, if available. A 
building entrance that complies with ICC/ANSI A117.1-2003 or a 
comparable standard complies with the requirements, of this paragraph. 
A building entrance that complies with ANSI A117.1-1986, CABO/ANSI 
A117.1-1992, or ICC/ANSI A117.1-1998 also complies with the 
requirements of this paragraph.
* * * * *
    3. Revise Sec.  100.205(e) to read as follows:


Sec.  100.205  Design and construction requirements.

* * * * *
    (e)(1) Compliance with the appropriate requirements of ICC/ANSI 
A117.1-2003 suffices to satisfy the requirements of paragraph (c)(3) of 
this section. Compliance with ANSI A117.1-1986, CABO/ANSI A117.1-1992, 
or ICC/ANSI A117.1-1998 also suffices to satisfy the requirements of 
paragraph (c)(3) of this section.
    (2) The following also qualify as HUD-recognized safe harbors for 
compliance with the Fair Housing Act design and construction 
requirements:
    (i) Fair Housing Accessibility Guidelines, March 6, 1991, in 
conjunction with the Supplement to Notice of Fair Housing Accessibility 
Guidelines: Questions and Answers About the Guidelines, June 28, 1994;
    (ii) Fair Housing Act Design Manual, published by HUD in 1996, 
updated in 1998;
    (iii) 2000 ICC Code Requirements for Housing Accessibility (CRHA), 
published by the International Code Council (ICC), October 2000 (with 
corrections contained in ICC-issued errata sheet), if adopted without 
modification and without waiver of any of the provisions;
    (iv) 2000 International Building Code (IBC), as amended by the 2001 
Supplement to the International Building Code (2001 IBC Supplement), if 
adopted without modification and without waiver of any of the 
provisions intended to address the Fair Housing Act's design and 
construction requirements;
    (v) 2003 International Building Code (IBC), if adopted without 
modification and without waiver of any of the provisions intended to 
address the Fair Housing Act's design and construction requirements, 
and conditioned upon the ICC publishing and distributing a statement to 
jurisdictions and past and future purchasers of the 2003 IBC stating, 
``ICC interprets Section 1104.1, and specifically, the Exception to 
Section 1104.1, to be read together with Section 1107.4, and that the 
Code requires an accessible pedestrian route from site arrival points 
to accessible building entrances, unless site impracticality applies. 
Exception 1 to Section 1107.4 is not applicable to site arrival points 
for any Type B dwelling units because site impracticality is addressed 
under Section 1107.7.''
    (vi) 2006 International Building Code; published by ICC, January 
2006, with the January 31, 2007, erratum to correct the text missing 
from Section 1107.7.5, if adopted without modification and without 
waiver of any of the provisions intended to address the Fair Housing 
Act's design and construction requirements, and interpreted in 
accordance with the relevant 2006 IBC Commentary;
    (3) Compliance with any other safe harbor recognized by HUD in the 
future and announced in the Federal Register will also suffice to 
satisfy the requirements of paragraphs (a) and (c) of this section.
* * * * *

    Dated: June 18, 2007.
Kim Kendrick,
Assistant Secretary for Fair Housing and Equal Opportunity.
[FR Doc. E7-13886 Filed 7-17-07; 8:45 am]
BILLING CODE 4210-67-P