S3160-2013 Actions

• Jan 31, 2013: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

S3160-2013 Memo

BILL NUMBER:S3160

TITLE  OF BILL:  An act to amend the real property law, in relation to
the visitability of new homes by persons with disabilities

PURPOSE:   The  purpose  of  this  article  is  to  establish  minimum
regulations  for  the  design  and  construction  of new single family
homes, townhouses or the ground unit of a building with three or fewer
dwellings units by builders who receive state  or  federal  funds  and
subsidies  to  provide for the occupancy and 'visitability' for and by
person with disabilities.

SUMMARY OF PROVISIONS:  The real property law is amended by  adding  a
new Article 16:  "Visitability" of New Construction.

The article establishes minimum standards for the accessibility by the
mobility  impaired  1)  from  the  public  street  or  driveway to the
exterior door of a  dwelling,  2)  interior  doors,  3)  environmental
controls, 4) habitable space and 5) interior bathroom requirements.

The  article  also  has an enforcement/penalty clause of not less than
fifty and not more t:han five hundred dollars for each offense and for
each day the violation continues to occur.

* Amendment: to include height and dimensions  omitted  from  original
draft and enforcement provisions.

JUSTIFICATION:     The  availability  of  accessible,  affordable  and
integrated housing  opportunities  for  people  with  disabilities  is
critical to sustaining fully independent lives in their communities.

"Visitability"  is a movement to change home construction practices so
that new homes offer a few specific features that would make it easier
for people with a mobility impairment to occupy and visit. The  spirit
of "visitability" is the belief that it is unacceptable that new homes
continue  to  be built with gross barriers, given the ease of building
basic access into the majority of new  homes  and  the  harsh  effects
major  barriers  have  on  people's lives, including physically unsafe
conditions, social isolation and unwanted institutionalization.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  One hundred eightieth day after it shall have  become
a  law  and shall apply to dwelling units for which construction shall
begin on or after such date.

S3160-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    3160

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 31, 2013
                                 ___________

  Introduced  by Sens. KRUEGER, ADDABBO, VALESKY -- read twice and ordered
    printed, and when printed to be committed to the Committee on Housing,
    Construction and Community Development

  AN ACT to amend the real property law, in relation to  the  visitability
    of new homes by persons with disabilities

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. The real property law is amended by adding a new article 16
  to read as follows:

                                 ARTICLE 16
                      VISITABILITY OF NEW CONSTRUCTION
  SECTION 480. PURPOSE.
          481. APPLICABILITY OF NEW CONSTRUCTION.
          482. VISITABILITY REQUIREMENT.
          483. EXCLUSION.
          484. ENFORCEMENT.
    S 480. PURPOSE. THE PURPOSE OF THIS ARTICLE IS  TO  ESTABLISH  MINIMUM
  REGULATIONS  FOR  THE  DESIGN  AND  CONSTRUCTION OF NEW HOMES TO PROVIDE
  VISITABILITY TO SUCH HOMES BY PERSONS WITH DISABILITIES.
    S 481. APPLICABILITY OF NEW CONSTRUCTION. ANY NEW DWELLING UNIT  WHICH
  WAS  DESIGNED,  CONSTRUCTED,  OR  COMMISSIONED,  CONTRACTED OR OTHERWISE
  ARRANGED FOR DESIGN OR CONSTRUCTION, BY ANY PERSON OR ENTITY WHO, AT ANY
  TIME DURING THE COMMISSIONING DESIGN OR CONSTRUCTION, RECEIVED NEW  YORK
  STATE  OR  FEDERAL  FINANCIAL ASSISTANCE FOR SUCH DESIGN OR CONSTRUCTION
  SHALL COMPLY WITH THE PROVISIONS  OF  THIS  ARTICLE.    STATE  FINANCIAL
  ASSISTANCE SHALL NOT INCLUDE LOANS BACKED BY THE STATE OF NEW YORK MORT-
  GAGE  AGENCY  (SONYMA).   FEDERAL FINANCIAL ASSISTANCE SHALL NOT INCLUDE
  LOANS BACKED BY FEDERAL NATIONAL MORTGAGE ASSOCIATION  (FANNIE  MAE)  OR
  FEDERAL  HOUSING  ADMINISTRATION (FHA) FINANCING OR OTHER MORTGAGE LOANS
  BACKED BY A FEDERAL  MORTGAGE  LOAN  PROGRAM.    FOR  PURPOSES  OF  THIS
  SECTION,  THE  TERM  "DWELLING UNIT" SHALL MEAN A DETACHED SINGLE FAMILY

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01793-01-3

 S. 3160                             2

  HOME, A GROUND FLOOR UNIT IN A TOWN HOUSE, OR A GROUND FLOOR UNIT  IN  A
  BUILDING  OF  THREE  OR  FEWER  DWELLING  UNITS WHICH IS DESIGNED AS, OR
  INTENDED FOR OCCUPANCY AS A RESIDENCE.
    S  482. VISITABILITY REQUIREMENT. THE DESIGN AND CONSTRUCTION OF A NEW
  DWELLING UNIT SHALL COMPLY WITH THE FOLLOWING REQUIREMENTS:

    1. ACCESSIBLE ENTRANCE. (A) EXCEPT AS PROVIDED  IN  PARAGRAPH  (B)  OF
  THIS  SUBDIVISION,  THE GROUND LEVEL OF SUCH DWELLING UNIT SHALL CONTAIN
  AT LEAST ONE ENTRANCE TO THE DWELLING UNIT THAT:

    (I) IS ACCESSIBLE TO, AND USABLE BY,  PEOPLE  WITH  DISABILITIES  SUCH
  THAT ALL ROOMS ON THE LEVEL ARE CONNECTED BY AN ACCESSIBLE ROUTE;
    (II)  DOES  NOT  CONTAIN  ANY STEPS OR ANY DOOR THRESHOLD THAT EXCEEDS
  ONE-HALF INCH IN HEIGHT; AND
    (III) IS LOCATED ON A CONTINUOUS UNOBSTRUCTED  PATH  FROM  THE  PUBLIC
  STREET  OR  DRIVEWAY  THAT SERVES THE UNIT, WHICH PATH AT NO POINT HAS A
  SLOPE EXCEEDING ONE INCH IN RISE FOR EVERY TWELVE INCHES IN LENGTH,  HAS
  A  WIDTH  OF  NOT  LESS THAN THIRTY-SIX INCHES AND HAS A CROSS SLOPE NOT
  GREATER THAN TWO PERCENT OF THE WIDTH. SUCH UNOBSTRUCTED PATH  SHALL  BE
  ABLE  TO  BE  NEGOTIATED BY A PERSON AND MAY INCLUDE CURB RAMPS, PARKING
  ACCESS AISLES, WALKS, AND RAMPS.
    (B) THE PROVISIONS OF PARAGRAPH (A)  OF  THIS  SUBDIVISION  SHALL  NOT
  APPLY TO A DWELLING UNIT IF:

    (I)  THE  FINISHED  GRADE  OF  THE SITE IS TOO STEEP TO PROVIDE A PATH
  HAVING A SLOPE OF ONE INCH IN RISE FOR EVERY TWELVE INCHES IN LENGTH  AT
  THE FRONT, SIDE, OR BACK OF THE UNIT;
    (II) THERE IS NO DRIVEWAY SERVING THE UNIT; AND
    (III)  THERE IS NO ALLEY OR OTHER ROADWAY CAPABLE OF PROVIDING VEHICU-
  LAR ACCESS TO THE REAR OR SIDE OF THE UNIT.
    2. ACCESSIBLE INTERIOR DOORS. ALL DOORS THAT  ARE  DESIGNED  TO  ALLOW
  PASSAGE  WITHIN  THE  GROUND  LEVEL  OF SUCH DWELLING UNIT SHALL HAVE AN
  UNOBSTRUCTED OPENING OF AT LEAST THIRTY-SIX INCHES WHEN THE DOOR IS OPEN
  AT A NINETY-DEGREE ANGLE.
    3. ACCESSIBLE ENVIRONMENTAL CONTROLS. ALL ENVIRONMENTAL  CONTROLS  AND
  OUTLETS  LOCATED  ON  THE  GROUND  LEVEL  OF SUCH DWELLING UNIT SHALL BE
  LOCATED ON  THE  WALL  AT  LEAST  FIFTEEN  INCHES,  BUT  NOT  MORE  THAN
  FORTY-EIGHT  INCHES,  ABOVE  THE  FLOOR OR, IN THE CASE OF ENVIRONMENTAL
  CONTROLS AND OUTLETS LOCATED DIRECTLY ABOVE A COUNTER, SINK,  OR  APPLI-
  ANCE, NOT MORE THAN THREE INCHES ABOVE SUCH COUNTER, SINK, OR APPLIANCE.
    4.  ACCESSIBLE  HABITABLE SPACE AND BATHROOM. THE GROUND LEVEL OF SUCH
  DWELLING UNIT SHALL CONTAIN THE FOLLOWING:

    (A) AT LEAST ONE INDOOR ROOM THAT HAS AN AREA OF NOT LESS THAN SEVENTY
  SQUARE FEET AND CONTAINS NO SIDE OR DIMENSION NARROWER THAN SEVEN  FEET;
  AND
    (B) AT LEAST ONE BATHROOM THAT CONTAINS, AT A MINIMUM, THE FOLLOWING:

    (I)  CLEAR FLOOR SPACE OF THIRTY BY FORTY-EIGHT INCHES CENTERED ON AND
  CONTIGUOUS TO THE SINK, WHICH IS NOT ENCROACHED BY THE SWING PATH OF THE
  BATHROOM DOOR;
    (II) A SINK AND A TOILET THAT EACH ALLOW FOR  A  PARALLEL  OR  HEAD-ON
  APPROACH BY A PERSON IN A WHEELCHAIR; AND
    (III)  WALLS THAT ARE REINFORCED TO BE CAPABLE OF SUPPORTING GRAB BARS
  THAT RESIST SHEAR AND BENDING FORCES OF A MINIMUM OF TWO  HUNDRED  FIFTY
  POUNDS, AS FOLLOWS:

    (A)  ALL  WALLS  ADJACENT  TO THE TOILET SHALL HAVE HORIZONTAL BACKING
  REINFORCEMENTS, EACH AT LEAST THIRTY-THREE INCHES,  BUT  NOT  MORE  THAN
  THIRTY-SIX  INCHES, ABOVE THE FLOOR, AND SUFFICIENT TO ALLOW FOR A TWEN-
  TY-FOUR-INCH GRAB  BAR  ON  THE  WALL  BEHIND  THE  TOILET  AND  ANOTHER

 S. 3160                             3

  FORTY-TWO-INCH  GRAB  BAR  ON  ONE  OR  THE  OTHER WALLS ADJACENT TO THE
  TOILET.
    (B) IF A BATHTUB IS PRESENT IN THE BATHROOM, SUCH REINFORCEMENTS SHALL
  INCLUDE:

    (I)  TWO  BACKING REINFORCEMENTS ON THE BACK WALL OF THE BATHTUB, EACH
  AT LEAST TWENTY-FOUR INCHES LONG, AT LEAST TWENTY INCHES  WIDE  AND  NOT
  MORE  THAN  TWENTY-FOUR  INCHES FROM THE HEAD END WALL AND NOT MORE THAN
  TWELVE INCHES FROM THE FOOT END WALL, ONE IN A  HORIZONTAL  POSITION  AT
  LEAST  THIRTY-THREE  INCHES,  BUT NOT MORE THAN THIRTY-SIX INCHES, ABOVE
  THE FLOOR, AND ONE NINE INCHES ABOVE THE RIM OF THE BATHTUB;
    (II) ONE BACKING REINFORCEMENT ON THE FOOT END WALL OF THE BATHTUB, AT
  LEAST TWENTY INCHES LONG, AT LEAST EIGHTEEN INCHES WIDE AND  LOCATED  AT
  THE FRONT EDGE OF THE BATHTUB; AND
    (III)  ONE  BACKING REINFORCEMENT ON THE HEAD END WALL OF THE BATHTUB,
  AT LEAST TWELVE INCHES LONG, AT LEAST EIGHTEEN INCHES WIDE  AND  LOCATED
  AT THE FRONT EDGE OF THE BATHTUB.
    (C)  IF A SHOWER IS PRESENT IN THE BATHROOM, SUCH REINFORCEMENTS SHALL
  INCLUDE BACKING REINFORCEMENTS ON  AT  LEAST  TWO  WALLS  ON  WHICH  THE
  CONTROL  VALVES  ARE  NOT  LOCATED,  EACH CENTERED AT LEAST THIRTY-THREE
  INCHES, BUT NOT MORE THAN THIRTY-SIX INCHES,  ABOVE  THE  FLOOR  AND  AT
  LEAST EIGHTEEN INCHES WIDE.
    S 483. EXCLUSION. THIS ARTICLE SHALL NOT APPLY TO SITES WHOSE PHYSICAL
  CHARACTERISTICS RENDERS COMPLIANCE WITH THIS ARTICLE UNREASONABLE.
    S  484. ENFORCEMENT. ANY PERSON, FIRM, CORPORATION, PARTNERSHIP OR ANY
  OTHER BUSINESS ENTITY THAT VIOLATES ANY PROVISION OF THIS ARTICLE  SHALL
  BE  SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN FIFTY NOR MORE THAN FIVE
  HUNDRED DOLLARS FOR EACH  SUCH  OFFENSE  AND  EACH  DAY  ON  WHICH  SUCH
  VIOLATION OCCURS OR CONTINUES TO OCCUR SHALL BE A SEPARATE OFFENSE.  ANY
  VIOLATION  OF  THIS ARTICLE SHALL BE ENFORCEABLE BY THE ATTORNEY GENERAL
  AND ANY AGGRIEVED PARTY, AND ANY SUCH PARTY SHALL HAVE THE RIGHT TO SEEK
  LEGAL AND EQUITABLE RELIEF AND THE COURT MAY AWARD REASONABLE COSTS  AND
  ATTORNEY'S FEES ASSOCIATED WITH SUCH ACTION.
    S 2. This act shall take effect on the one hundred eightieth day after
  it  shall  have  become  a  law  and  shall  apply to dwelling units the
  construction of which begins on or after such date.