# FHA exemption due to curb?



## BayPointArchitect (Dec 7, 2019)

Given:

New four unit apartment building being proposed.  I denied the plan simply because of a general note that reads, "kitchen cabinetry will be designed and arranged during construction by the carpenter".  I explained that because the single story units were accessible, then the kitchen layout will need to comply with FHA.  Then he explained to me that the units will not be accessible because each unit will have a structural stoop in front the entry door and a 7 inch curb will prevent a wheelchair from access.

Question:

Does the building owner need to then provide a ramp (7' or longer) up to these entry doors?  He would rather call these inaccessible and illuminate the need to comply with FHA.  This is not an ADA question.

See illustration.

Thank you,

ICC Certified Plan Reviewer
NFPA Certified Fire Plan Examiner


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## mark handler (Dec 7, 2019)

Who "He"? The owner? He does need access
Really, not a good design.
What is the distance from the front of the car and the door? Do you have maneuvering room?
Can He add a sloping sidewalk to the side of the driveway? Area that is shown as landscape (Green).


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## mark handler (Dec 7, 2019)

*HUD in Illinois*
*Chicago Regional Office*
Ralph Metcalfe Federal Building
77 West Jackson Boulevard
Chicago, Illinois 60604

*Phone:* (312) 353-6236
*Fax:* (312) 913-8293


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## BayPointArchitect (Dec 7, 2019)

Mark,

He (being the savvy real estate developer) does need to provide an accessible entrance because...

(A) It is otherwise not a good design

(B) It is feasible to provide a ramp

(C) The Fair Housing Act requires all single level units located near the ground level to have an accessible entrance based on section ... [insert chapter and page here]

Which is the correct answer?  A, B, C, or all of the above?

Thank you!


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## ADAguy (Dec 7, 2019)

All of the above or turn him in!


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## steveray (Dec 9, 2019)

"Because I put a step there" is not a valid exemption....Check 1107 or CH 11 in general, but I do not think you guys use that in Cali....


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## BayPointArchitect (Dec 9, 2019)

Sorry.  I forgot to mention that this is NOT an ADA question.
FHA is an acronym that stands for "Fair Housing Act".
The Fair Housing Act is similar but not the same as ADA.
This is not an ADA question for reasons that would take too long to explain.

Never-the-less, I do see an exception in section 1107 of the International Building Code that reads, "If due to circumstances outside the control of the owner, either the slope of the finished ground level between accessible facilities and buildings exceeds one unit vertical in 12 units horizontal (1:12), or where physical barriers or legal restrictions prevent the installation of an accessible route..."

And that section of the IBC is similar to the FHA language that reads, "The only exception applies to ground floor units where terrain or unusual characteristics of the site make an accessible entrance on an accessible route impractical."  That language appears in Part Two, Chapter 1, page 1.26 of the Fair Housing Act.

I found that answer while waiting for Harris of FHA to call me back.
Harris did not call me back but here is his number anyway:
312-353-6236 extension 8544
another helpful person who will actually return your call is John 312-995-5322

After comparing the verbiage between the ADA and FHA, the general intent is the same.

In the end, I will agree with SteveRay that the building owner can not simply put a step in front of the entrance and dismiss the need for compliance where it is feasible to also have a 1:12 ramp.  I was not correct in my thinking. If it is practical and possible to make 20% of the apartment units comply with FHA, then 20% of the apartment units need to comply.


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## mark handler (Dec 9, 2019)

Yes, the building owner can not simply put in a step and avoid compliance when it is feasible to put in an accessible ramp.


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## Yikes (Dec 9, 2019)

"Terrain and unusual characteristics" has a more detailed explanation.  See page 1.38-1.58 of the Fair Housing Act Design Manual.


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