Ordinance No. 981007-A

AN ORDINANCE AMENDING CHAPTER 7-1 OF THE CITY CODE TO REQUIRE BARRIER-FREE RESIDENTIAL CONSTRUCTION WHERE CITY FUNDS ARE EXPENDED.

     BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN:

PART 1. The City Council finds that:

1. Persons with disabilities and their immediate families are often isolated in their homes because the homes of most of their acquaintances contain barriers insurmountable to persons with disabilities;
2. Person with disabilities and their immediate families often experience difficulty in finding suitable housing; and
3. There are features in construction which can make new houses visitable, and in many cases livable, for persons with disabilities.

PART 2. Statement of Intent. The provisions of this ordinance are enacted to implement the City's policy that new single family dwellings, duplexes, and triplexes constructed with public funds be constructed using design features that provide accessibility and usability for persons disabilities, and to promulgate standards that may be less restrictive than ANSI A117.1 while economically providing greater opportunity for accessibility.

PART 3. Chapter 7-1 of the City Code is amended to add Article IV to read as follows:

ARTICLE IV. ACCESSIBILITY IN HOUSING CONSTRUCTED WITH PUBLIC FUNDS

DIVISION 1. GENERAL PROVISIONS

Sec. 7-1-171 APPLICABILITY.

1. Except as otherwise provided in this section, this article applies to the new construction of a single family dwelling, duplex, and triplex after the effective date of this article that is funded with financial assistance from the City.
2. This article does not apply to an application for financial assistance from the City on a dwelling structure for which a certificate of occupancy has been issued under the City of Austin Building Code.
3. City financial assistance covered by this article includes:
   1. a building contract or similar contractual agreement involving a City-funded program or fund, including the Austin Housing Finance Corporation, or a similar program;
   2. a real estate purchase, lease, or donation by the City or its agents;
   3. preferential tax treatment, bond assistance, mortgage assistance, or similar financial advantages from the City or its agents;
   4. disbursement of federal or state construction funds including a Community Development Block Grant; or
   5. a City contract to provide funding or a financial benefit for housing.

Sec. 7-1-172 WAIVER OF EXTERIOR ACCESSIBILITY REGULATIONS

1. A person requesting a waiver under this section must file an application with the building official, attaching any documents necessary to demonstrate the applicant's eligibility for the waiver.
2. The building official may waive the requirements of Section 7-1-181 by issuing an exterior disability accessibility waiver if the applicant demonstrates that the topographical conditions of a site render compliance with this article an undue hardship.
3. When the building official receives a waiver application, the building official shall post a notice stating that:
   1. the building official has received the application;
   2. written comments may be filed with the building official not later than the 10th day after the notice of application was posted; and a decision on the application will be made and posted not later than the 15th day after the notice of application was posted.
4. If the building official determines that the waiver is appropriate, the building official shall issue a waiver to the applicant, in writing, not later than the 15th day after the notice of application is posted.

Sec. 7-1-173 APPEAL.

1. A waiver applicant or a person who submits written comments under Section 7-1-172 (C)(2) may appeal a decision of the building officials under Section 7-1-172 to the Building and Fire Code Board by filling a written notice to appeal with the building official not later than the 20th day after the decision was issued.
2. The building official shall forward a copy of the notice of appeal to the City Clerk and request a hearing of the appeal on the next available Building and Fire Code Board meeting.

Sec. 7-1-174 MONITORING REQUIRED The City Manager shall monitor the administration of this article.      DIVISION 2. DESIGN AND CONSTRUCTION REQUIREMENTS Sec. 7-1-181 BUILDING ENTRANCES.

1. A dwelling unit must provide at least one building entrance that complies with the City of Austin Building Code standard for an accessible entrance on an accessible route served by a ramp or no-step entrance. A building entrance door must have a minimum net clear opening of 32 inches.
2. The entrance may be at the front, side, or back of a dwelling as long as it is served by an accessible route such as a garage or sidewalk.

Sec. 7-1-182 INTERIOR DOORS

Except for a door that provides access to a closet of fewer than 15 square feet in area, interior doors located on the first floor of a dwelling unit must have a minimum clear opening of at least 30 inches. A 2' 8" door or standard 6'0" sliding patio door assembly complies with this requirement. Lever door handle hardware is required on the affected doors.

Sec. 7-1-183 ACCESSIBLE ROUTES WITHIN THE DWELLING UNIT.

A dwelling unit must provide an accessible route through the hallways and passageways of the first floor of the dwelling unit. The route must provide a minimum width of 36 inches and be level with ramped or beveled changes at door thresholds.

Sec. 7-1-184 WALL REINFORCEMENT IN BATHROOMS

First floor bathroom walls of a dwelling unit must be designed and constructed with reinforcements using the following standards:

1. Lateral two-inch x six-inch or larger nominal wood blocking must be installed flush with stud engines of bathroom walls.
2. The centerline of the blocking must be 34 inches from and parallel to the floor.

Sec. 7-1-185 LIGHT SWITCHES, ELECTRICAL OUTLETS, THERMOSTATS, AND OTHER ENVIRONMENTAL CONTROLS.

1. A light switch, thermostats, or electrical panel located on the first floor must be no higher than 42 inches above the floor. Receptacles must be at least 18 inches above the floor.
2. An electrical panel located outside the dwelling unit must be no higher than 42 inches above the ground, at least 18 inches above the ground, and adjacent to an accessible route.

PART 4. The Council waives the requirements of Sections 2-2-3 and 2-2-7 of the City Code for this ordinance.

PART 5. This ordinance takes effect on November 1, 1998.

PASSED AND APPROVED October 7, 1998.

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