[Federal Register Volume 85, Number 10 (Wednesday, January 15, 2020)]
[Proposed Rules]
[Pages 2354-2359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00233]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 100
[Docket No. FR-6138-P-01]
RIN 2529-AA99
Fair Housing Act Design and Construction Requirements; Adoption
of Additional Safe Harbors
AGENCY: Office of the Assistant Secretary for Fair Housing and Equal
Opportunity, HUD.
ACTION: Proposed rule.
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SUMMARY: This rule proposes to amend HUD's Fair Housing Act design and
construction regulations by incorporating by reference the 2009 edition
of International Code Council (ICC) Accessible and Usable Building and
Facilities (ICC A117.1-2009) standard, as a safe harbor. The Accessible
and Usable Buildings and Facilities standard is a technical standard
for the design of facilities that are accessible to persons with
disabilities. HUD proposes to determine that compliance with ICC
A117.1-2009 satisfies the design and construction requirements of the
Fair Housing Act and its amendments. This rule also proposes to
designate the 2009, 2012, 2015 and 2018 editions of the International
Building Code (IBC) as safe harbors under the Fair Housing Act. The IBC
is a model building code and not law, but it has been adopted as law by
various states and localities. The IBC provides minimum standards for
public safety, health, and welfare as they are affected by building
construction.
DATES: Comment Due Date: March 16, 2020.
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 website 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 appointment to review the public comments must be
scheduled in advance by calling the Regulations Division at 202-708-
3055 (this is not a toll-free number). Hearing- or speech impairments
may access this number through TTY by calling the toll-free Federal
Information Relay Service, toll-free at 800-877-8339. Copies of all
comments submitted are available for inspection and downloading at
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Lynn Grosso, Director, 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 Federal Information Relay Service, toll-free, at
800-877-8339.
SUPPLEMENTARY INFORMATION:
I. Background
Title VIII of the Civil Rights Act of 1968, as amended, (42 U.S.C.
3601 et seq.) (the ``Fair Housing Act'' or ``Act'') prohibits
discrimination in housing and housing-related transactions based on
race, color, religion, national origin, sex, disability and familial
status.\1\ The Act
[[Page 2355]]
provides, inter alia, 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.'' The
Fair Housing Act does not contain specific technical design criteria
that need to be followed to comply with the design and construction
requirements. It does provide, however, that compliance with the
appropriate requirements of the ``American National Standard for
buildings and facilities providing accessibility and usability for
physically handicapped people (commonly referred to as ANSI A117.1),
suffices to satisfy the requirements of [42 U.S.C.
3604(f)(3)(C)(iii)],'' which states the Act's design and construction
requirements for the interiors of covered multifamily dwellings.
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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 November 7, 1988 (53 FR 44992), HUD published a proposed rule to
implement the design and construction provisions of the Fair Housing
Act, as amended. HUD's proposed rule provided that ``whenever ANSI
A117.1 is used, the reference is to the most recently published edition
of ANSI A117.1 as of the date bids for construction of a particular
building are solicited.'' Several commenters objected that an ``open-
ended'' reference to future ANSI standards would represent an unlawful
delegation of the Department's rulemaking authority. According to these
commenters, HUD should refer to a specific edition of the ANSI
standards and should incorporate future editions only through
rulemaking. As a result of these concerns, HUD's Fair Housing Act final
rule, published on January 23, 1989 (54 FR 3232), specifically stated
that compliance with the appropriate requirements of ANSI A117.1-1986,
the edition in effect at the time of the final rule, functions as a
safe harbor and satisfies the technical requirements of the Act. HUD
also stated that it would propose amending the definition of ANSI as
future editions of ANSI A117.1 are published.
The Fair Housing Act directs HUD to ``provide technical assistance
to states and units of local government and other persons to implement
[the design and construction requirements].'' On March 6, 1991 (56 FR
9472), the Department published the ``Final Fair Housing Accessibility
Guidelines'' which set forth specific technical guidance for designing
covered multifamily dwellings to be consistent with the Act. Section I
of the Guidelines states, ``[t]hese guidelines are intended to provide
a safe harbor for compliance with the accessibility requirements of the
Fair Housing Act.'' On June 24, 1994 (59 FR 33362), the Department
published its ``Supplement to Notice of Fair Housing Accessibility
Guidelines: Questions and Answers about the Guidelines.'' The
Department published a Fair Housing Act Design Manual (Design Manual)
in 1996 that was reissued in 1998 with minor changes. The Design Manual
is also a safe harbor for compliance with the Act.\2\
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\2\ The Fair Housing Design Manual, August 1996, revised 1998,
is available at https://www.huduser.gov/portal/publications/PDF/FAIRHOUSING/fairfull.pdf.
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Since HUD published its Fair Housing Act final rule in 1989, the
ANSI A117.1 accessibility standard has been updated several times. HUD,
as a member of the A117 Committee that updates the A117.1 standard,
participates in these updates. In addition, HUD, as part of its mandate
to provide technical assistance to state and local governments to
incorporate the design and construction requirements of the Act into
their laws and procedures for review and approval of newly constructed
multifamily dwellings, has periodically reviewed these updated
standards. HUD published a final rule on October 24, 2008 (73 FR 63614)
that incorporated by reference ICC/ANSI-2003 and clarified that
compliance with the appropriate requirements of CABO/ANSI A117.1-1992
and ICC/ANSI-1998 continued to meet the design and construction
requirements of the Fair Housing Act. See 24 CFR 100.201a(b)(1). As a
result of HUD's 2008 final rule, HUD's current regulations specify that
compliance with the appropriate requirements of ICC/ANSI A117.1-2003,
ICC/ANSI A117.1-1998, CABO/ANSI A117.1-1992 and ANSI A117.1-1986
satisfy the Fair Housing Act's accessibility requirements at subsection
804(f)(3)(C)(iii) of the Act. The 2008 final rule also updated the
regulations to reference certain editions of the IBC as safe harbors
for compliance with the accessibility requirements in the Fair Housing
Act. HUD's final rule codified these additional design and construction
standards that HUD recognized as safe harbors at Sec. 100.205(e).
II. This Proposed Rule
This proposed rule would amend HUD's regulations with respect to
the design and construction requirements of the Fair Housing Act by
incorporating by reference the 2009 edition of International Code
Council (ICC) Accessible and Usable Building and Facilities (ICC
A117.1-2009) \3\ as satisfying the design and construction requirements
of the Fair Housing Act. This rule would not change either the scoping
requirements or the substance of the existing accessible design and
construction requirements contained in the Fair Housing Act or its
regulation.
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\3\ Unlike prior versions of the American National Standard, the
ICC A117.1-2009 does contain ANSI in its title.
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This proposed rule would also designate the 2009, 2012, 2015 and
2018 editions of the IBC as safe harbors under the Fair Housing Act.
Unlike the Act, the IBC is a model building code, and not a law. It
provides standards for public safety, health, and welfare as they are
affected by building construction. The IBC is published by the ICC,
which was formed to bring national uniformity to building codes.
Representatives of three former national model code bodies joined
together to develop what are now called the International Codes, or I-
Codes. The IBC is a major volume of the I-Codes and contains provisions
for accessibility designed to reflect the intent of the Act, the
regulations, and the Guidelines. Compliance with the IBC or another
model building code is not required unless mandated by a state or local
jurisdiction. A jurisdiction may adopt a model building code in its
entirety or with modifications.
With respect to housing, the IBC contains requirements for three
different types of accessible units, which include sleeping units (when
such units are used as a residence). The most accessible of these three
types is an ``Accessible Unit,'' which is wheelchair accessible and may
be found in numerous types of residential buildings. A second level of
accessibility is set
[[Page 2356]]
forth in the requirements for ``Type A'' dwelling units. The IBC
specifies that a percentage of ``Type A'' units must be provided
containing a high level of accessibility, especially in kitchens and
bathrooms, as well as some features of adaptability. The third level of
accessibility is a ``Type B'' dwelling unit, which is a unit that is
intended to comply with those features of accessible and adaptable
design required under the Act. Like the Act, the requirements for Type
B dwelling units apply to a greater number of dwelling units in a
building, but the level of accessibility is less than that of the Type
A dwelling units.
In addition, the IBC provides scoping requirements for the three
types of dwelling units described above. The scoping requirements for
the Type B dwelling units are intended to be consistent with the
scoping requirements in the Act, the regulations, and the Guidelines.
For the technical requirements, the IBC references the A117.1
accessibility standard. Thus, the IBC contains both scoping
requirements and technical requirements that are consistent with the
Act, the regulations and the Guidelines.
HUD is also proposing to amend Sec. 100.205(e)(3) to provide that,
in the future, HUD may propose new safe harbors by Federal Register
notice. HUD would provide a minimum of 30 days public comment period
and, after considering public comment, publish a final notice
announcing any new safe harbor. HUD will periodically codify new safe
harbors in part 100 in the course of later rulemaking. HUD proposes to
provide that compliance with safe harbors established by Federal
Register notice will satisfy the requirements of paragraphs (a) and (c)
of Sec. 100.205.
III. HUD's Review of ICC A117.1-2009, and 2009, 2012, 2015 and 2018 IBC
In 2013 and 2015, and most recently in 2018, representatives of the
multifamily housing industry contacted the Department to request that
HUD review the accessibility requirements contained in the 2009, 2012,
2015 and 2018 editions of the IBC to make a determination as to whether
these editions would be deemed safe harbors for compliance with the
Act's design and construction requirements. These organizations also
made this request with respect to ICC A117.1-2009, Accessible and
Usable Buildings and Facilities. Based on assistance provided
specifically by ICC in the past, the Department requested, and ICC
provided, a side-by-side matrix comparing the relevant 2006 provisions
of the IBC, which HUD had previously reviewed and declared as a safe
harbor, with the 2009, 2012, 2015 and 2018 provisions in the IBC and
related code documents. ICC also provided copies of the 2009, 2012,
2015 and 2018 IBC, related Code Commentary, and other relevant code
documents. In addition, ICC provided a similar matrix for ICC/ANSI
A117.1-2003 and ICC A117.1-2009, along with copies of ICC A117.1-2009
and related documents.
In conducting its review of these documents, the Department
carefully reviewed the matrices provided by ICC, as well as the code
documents and the accessibility standards. The Department determined
that the accessibility provisions in the IBC and the ICC A117.1
standard provide at least the same level of accessibility as that
required by the Act, HUD's implementing regulations, and the
Guidelines.
The Department also notes that following its earlier reviews of the
model building codes, the Department worked with representatives from
the building industry, code organizations and advocacy groups to
develop code text for certain editions of the IBC and participated in
public hearings to aid in the passage of these code text changes. The
Department is also a voting member of the A117 Committee, which is the
Committee that reviews and makes changes to the A117.1 accessibility
standard, and in this role, the Department has been actively involved
in updating all editions of the A117.1 standard that have followed the
1986 edition.
Having reviewed the 2009, 2012, 2015 and 2018 editions of the IBC,
the Department finds that the accessibility provisions in these
editions of the IBC are consistent with the requirements in the Act,
HUD's regulations and the Guidelines. The Department did not find any
provision that it believes provides for less accessibility than what is
required in the Act, the regulations and the Guidelines, and the
Department notes that in certain respects, the IBC provides for greater
accessibility. Similarly, in its review of the ICC A117.1-2009, the
Department did not find any provisions that provide for less
accessibility than what is required in the Act, HUD's regulations and
the Guidelines. However, the Department welcomes comments concerning
provisions that may provide for less accessibility than what is
required in the Act, HUD's regulations and the Guidelines.
IV. HUD-Recognized Safe Harbors for Compliance With the Fair Housing
Act's Design and Construction Requirements and HUD Policy Regarding
These Safe Harbors
This proposed rule would amend Sec. 100.205(e) to add ICC A117.1-
2009, and the 2009, 2012, 2015 and 2018 versions of the IBC to HUD's
current list of safe harbors for compliance with the design and
construction requirements of the Fair Housing Act.
The Department reiterates its policy with respect to safe harbors.
A covered multifamily building will be deemed compliant with the Act's
design and construction requirements if the State or locality where the
building is located has adopted one of HUD's safe harbors without
modification of the provisions that address the Act's design and
construction requirements, 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. The fact that a jurisdiction has adopted a code that
conforms to the accessibility requirements of the Fair Housing Act or
that construction of a building subject to the Act was approved under
such a code, however, does not alter 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 and to issue a charge of discrimination if
warranted. Similarly, neither fact precludes the Department of Justice
from investigating whether violations of the Act's design and
construction provisions may have occurred and filing a lawsuit in
federal court to enforcement compliance with the Act where appropriate.
The Fair Housing Act provides that, ``[d]eterminations by a State or
unit of general local government under [the Act] shall not be
conclusive in enforcement proceedings under this title.'' 42 U.S.C.
3604(f)(6)(a).
HUD's investigation of a complaint under the Fair Housing Act's
design and construction requirements typically involves, inter alia, a
review of building permits, certificates of occupancy, and construction
documents showing the design of the buildings and the site, and an on-
site survey of the buildings and property. During the investigation,
HUD investigators take measurements of relevant interior and exterior
elements of the property. All parties to the complaint have an
opportunity to present evidence concerning, inter alia,
[[Page 2357]]
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 Act, a prima facie case may be established by
proving that the covered multifamily dwellings were not designed and
constructed in accordance with HUD's Fair Housing Accessibility
Guidelines. This prima facie case may be rebutted by evidence
demonstrating compliance with a recognized, comparable, objective
measure of accessibility. See Order on Secretarial Review, U.S. Dept.
of Housing and Urban Development v. Nelson, HUD ALJ 05-068FH, 2006 HUD
ALJ LEXIS 56, *14 (Sept. 21, 2006) (2006 WL 4540542), aff'd, Nelson v.
HUD, 320 Fed. Appx. 635, 2009 US App. LEXIS 6142, *4-5 (9th Cir. Mar.
26, 2009). In making a determination as to whether the design and
construction requirements of the Act have been violated, HUD uses the
Act, the regulations, and the Guidelines, all of which reference the
technical standards found in ANSI A117.1-1986.
The standards and codes adopted by HUD as safe harbors represent
safe harbors only when used in their entirety; that is, once a specific
safe harbor document has been selected, the covered multifamily
dwellings in question should comply with all of the provisions in that
document that address the Act's design and construction requirements.
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. In
addition, the benefit of safe harbor status will be lost if waivers of
accessibility provisions are requested and/or obtained from state or
local governmental agencies. HUD's purpose in recognizing a number of
safe harbors for compliance with the 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 Act's design and construction requirements.
As part of its review of the various editions of the IBC, the
Department also reviewed the related IBC Commentary to determine
whether certain commentary that the Department drafted for inclusion in
the IBC Commentary continues to appear in the IBC Commentary from one
edition to the next. The Department reviewed the IBC Commentary only in
this respect and did not review the Commentary with respect to other
sections of Chapter 11 of the IBC or to commentary not drafted by the
Department. Therefore, the Department's review of the code commentary
applies only to the code commentary the Department previously provided
to ICC. The commentary which the Department previously provided to ICC
is commentary that relates to Exception 1 under Section 1107.4 of the
IBC, which addresses requirements for an Accessible Route. This
commentary is intended to ensure that the IBC's Accessible Route
requirements do not provide for less accessibility than the Act's
Accessible Route requirements. The Department reviewed the IBC
Commentary for the 2009, 2012, 2015 and 2018 editions of the IBC and
notes that this commentary is included and remains unchanged. For a
detailed discussion of this commentary, see 72 FR 39432 (July 18,
2007).
V. Incorporation by Reference
Before HUD issues a final rule, the referenced standard proposed
for incorporation must be approved by the Director of the Federal
Register, in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. This
rulemaking proposes to incorporate the voluntary consensus standard ICC
A117.1-2009 Accessible and Usable Building and Facilities, as
satisfying the design and construction requirements of the Fair Housing
Act. It would not incorporate interpretations of ICC A117.1-2009 issued
by the ICC or any other entity or person. The rulemaking also cannot
account for editions of ICC A117.1 issued after the 2009 edition.
Therefore, if HUD wishes to revise the standard in the future to codify
newer editions of ICC A117.1, further rulemaking would be required.
ICC A117.1-2009 is available online for review during this rule's
comment period, via read-only access, at https://codes.iccsafe.org/content/ICCA117_12009?site_type=public. Members of the public may visit
the link and create a username and password to view the free-access
edition. The standard may also be obtained from the International Code
Council, 500 New Jersey Avenue NW, 6th Floor, Washington, DC 20001-
2070, telephone number 1-888-422-7233, http://www.iccsafe.org/e/category.html.
VI. 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.
Small entities include small businesses, small not-for-profit
organizations, and small governmental jurisdictions.
The purpose of this proposed rule is to update a codified
regulation that provides technical standards for the design of covered
multifamily dwellings to ensure accessibility for persons with
disabilities as required by the Fair Housing Act. Specifically, the
rule would incorporate by reference the 2009 edition of ICC A117.1 as a
safe harbor, compliance with which would satisfy the requirements of
the Fair Housing Act. The proposed rule also retains as safe harbors
the 1986, 1992, 1998 and 2003 editions of ANSI A117.1, as well as the
2000, 2003 and 2006 IBC, which HUD has previously adopted. In addition,
the rule would add the 2009, 2012, 2015 and 2018 versions of the IBC as
safe harbors. Consequently, small entities would not incur a
significant economic impact as they may continue to use any of the
previously codified standards. Additionally, adopting the 2009 ICC
A117.1 and the other new safe harbors may alleviate a significant
economic impact for small entities, as those entities may find
compliance with these standards to be less burdensome because their
state or local building codes may use these later editions of the
A117.1 standard or the IBC. 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.
[[Page 2358]]
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 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
Aged, Fair housing, Incorporation by reference, Individuals with
disabilities, Mortgages, Reporting and recordkeeping requirements.
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
0
1. The authority for 24 CFR part 100 continues to read as follows:
Authority: 42 U.S.C. 3535(d), 3600-3620.
0
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 A117.1-2009 (proposed for incorporation by
reference, see Sec. 100.201a), ICC/ANSI A117.1-2003 (incorporated by
reference, see Sec. 100.201a), ICC/ANSI A117.1-1998 (incorporated by
reference, see Sec. 100.201a), CABO/ANSI A117.1-1992 (incorporated by
reference, see Sec. 100.201a), ANSI A117.1-1986 (incorporated by
reference, see Sec. 100.201a) or a comparable standard is 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 A117.1-2009
(proposed for incorporation by reference, see Sec. 100.201a), ICC/ANSI
A117.1-2003 (incorporated by reference, see Sec. 100.201a), ICC/ANSI
A117.1-1998 (incorporated by reference, see Sec. 100.201a), CABO/ANSI
A117.1-1992 (incorporated by reference, see Sec. 100.201a), ANSI
A117.1-1986 (incorporated by reference, see Sec. 100.201a) or a
comparable standard is an ``accessible route'' within the meaning of
this paragraph.
* * * * *
``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 A117.1-2009 (proposed for
incorporation by reference, see Sec. 100.201a), ICC/ANSI A117.1-2003
(incorporated by reference, see Sec. 100.201a), ICC/ANSI A117.1-1998
(incorporated by reference, see Sec. 100.201a), CABO/ANSI A117.1-1992
(incorporated by reference, see Sec. 100.201a), ANSI A117.1-1986
(incorporated by reference, see Sec. 100.201a) or a comparable
standard is a ``building entrance on an accessible route'' within the
meaning of this paragraph.
* * * * *
0
3. Revise Sec. 100.201a to read as follows:
Sec. 100.201a Incorporation by reference.
Certain material is incorporated by reference into this part with
the approval of the Director of the Federal Register under 5 U.S.C.
552(a) and 1 CFR part 51. All approved material is available for
inspection at Department of Housing and Urban Development, 451 Seventh
Street SW, Room 5240, Washington, DC 20410-0001, telephone number 202-
708-2333, and is available from the sources listed in the following
paragraphs. It is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, email [email protected] or
go to www.archives.gov/federal-register/cfr/ibr-locations.html. The
effect of compliance with this material is as stated in 24 CFR 100.205.
(a) American National Standards Institute (ANSI), 25 W 43rd Street,
4th Floor, New York, NY 10036, Telephone (212) 642-4980, ANSI Webstore,
https://webstore.ansi.org.
(1) ANSI A117.1-1986, American National Standard for Buildings and
Facilities: Providing Accessibility and Usability for Physically
Handicapped People, 1986 edition, IBR approved for Sec. Sec. 100.201,
100.205.
(2) [Reserved]
(b) International Code Council, 500 New Jersey Avenue NW, 6th
Floor, Washington, DC 20001-2070, telephone number 1-888-422-7233,
http://www.iccsafe.org/e/category.html.
(1) CABO/ANSI A117.1-1992, American National Standard: Accessible
and Usable Buildings and Facilities, 1992 edition, IBR approved for
Sec. Sec. 100.201, 100.205.
(2) ICC/ANSI A117.1-1998, American National Standard: Accessible
and Usable Buildings and Facilities, 1998 edition, IBR approved for
Sec. Sec. 100.201, 100.205.
(3) ICC/ANSI A117.1-2003, American National Standard: Accessible
and Usable Buildings and Facilities, 2003 edition, IBR approved for
Sec. Sec. 100.201, 100.205.
(4) ICC A117.1-2009, American National Standard: Accessible and
Usable Buildings and Facilities, 2009 edition, IBR approved for
Sec. Sec. 100.201, 100.205.
0
4. In Sec. 100.205, revise paragraph (e)(1), add paragraphs
(e)(2)(vii) through (x), and revise paragraph (e)(3), to read as
follows:
Sec. 100.205 Design and construction requirements.
* * * * *
(e)(1) Compliance with the appropriate requirements of ICC A117.1-
2009 (proposed to be incorporated by reference, see Sec. 100.201a),
ICC/ANSI A117.1-2003 (incorporated by reference, see Sec. 100.201a),
ICC/ANSI A117.1-1998
[[Page 2359]]
(incorporated by reference, see Sec. 100.201a), CABO/ANSI A117.1-1992
(incorporated by reference, see Sec. 100.201a), or ANSI A117.1-1986
(incorporated by reference, see Sec. 100.201a), or suffices to satisfy
the requirements of paragraph (c)(3) of this section.
(2) * * *
(vii) 2009 International Building Code, published by ICC (http://www.iccsafe.org), and interpreted in accordance with the relevant 2009
IBC Commentary;
(viii) 2012 International Building Code, published by ICC (http://www.iccsafe.org), and interpreted in accordance with the relevant 2012
IBC Commentary;
(ix) 2015 International Building Code, published by ICC (http://www.iccsafe.org), and interpreted in accordance with the relevant 2015
IBC Commentary; and
(x) 2018 International Building Code, published by ICC (http://www.iccsafe.org), and interpreted in accordance with the relevant 2018
IBC Commentary.
(3) HUD may propose safe harbors by Federal Register notice that
provides for a minimum of 30 days public comment period. HUD will
publish a final notice announcing safe harbors after considering public
comments. Compliance with safe harbors established by Federal Register
notice will satisfy the requirements of paragraphs (a) and (c) of this
section.
* * * * *
Dated: January 6, 2020.
David H. Enzel,
General Deputy Assistant Secretary for Fair Housing and Equal
Opportunity.
[FR Doc. 2020-00233 Filed 1-14-20; 8:45 am]
BILLING CODE 4210-67-P