HOUSE BILL No. 2020*
An Act establishing accessibility standards for certain dwellings.
Section 1. As used in this act:
(a) ``Dwelling'' means any single family residence and each individual
living unit in a duplex or triplex residential building which is constructed
with public financial assistance.
(b) ``Public financial assistance'' means:
(1) A building contract or similar contractual agreement with any
(2) any real estate received by the owner through a donation by the
(3) state tax credits;
(4) grant assistance from state funds;
(5) state loan guarantees; or
(6) federal funds administered by the state or a state agency.
(c) ``Secretary'' means the secretary of the Kansas department of
commerce and housing.
Sec. 2. (a) Except as provided by this act, dwellings shall be designed
and constructed to have at least one accessible entrance on an accessible
route. If the entrance is served by a ramp, the ramp shall have a maximum
slope not to exceed a ratio of one inch rise to every 12 inch horizontal
run and shall have a level landing at the top and bottom of each run.
Accessible entrance doors and doorways shall have a minimum clear
opening of 32 inches. The accessible entrance may be any entrance at
the front, side, back or garage of the dwelling that is served by an acces-
sible route. The accessible route shall be no less than 36 inches wide with
a slope not to exceed a ratio of one inch rise to every 20 inch horizontal
run. If a patio door serves as an accessible entrance, a standard six-foot
sliding patio door assembly shall be deemed to be sufficient to comply
with the requirements of this subsection. The threshold of such doors
shall not exceed 1/2 inch or, in the case of a sliding door, 3/4 inch.
(b) All doorways located on the same floor on which the accessible
entrance is located within the dwelling intended for user passage within
the dwelling shall be sufficiently wide to allow passage by persons using
wheelchairs. Except for doors serving closets having less than 15 square
feet in area, all doors located on the same floor on which the accessible
entrance is located which are intended for user passage shall provide a
minimum 32-inch clear opening with the door open 90 degrees measured
between the face of the door and the doorstop.
(c) An accessible route located on the same floor on which the ac-
cessible entrance is located shall be designed and constructed in such a
manner that a 36-inch wide route is provided with a slope not to exceed
a ratio of one inch rise to every 20 inch horizontal run. Such route shall
have ramped or beveled changes at door thresholds. Beveled edges of
such thresholds shall not exceed 1/2 inch or, in the case of a sliding door,
(d) In bathrooms located on the same floor on which the accessible
entrance is located, the walls at the bathtub, shower and toilet shall be
reinforced so that grab bars may be installed at a later date, if needed.
Such reinforcement shall be sufficient enough to support a sheer force
of 250 pounds.
(e) Light switches, electrical outlets, thermostat controls and other
controls located on the same floor on which the accessible entrance is
located shall be placed so that a person using a wheelchair can access the
controls using either a forward or sideward approach. Such controls shall
be placed no less than 15 inches nor more than 48 inches from the floor
in the case of a forward approach. Such controls shall be placed no less
than nine inches nor more than 54 inches from the floor in the case of a
sideward approach. If multiple controls serve the same elements, only
one need be accessible.
Sec. 3. Except as provided by this act, the design and construction
of all new dwellings shall conform to the accessibility standards specified
in section 2, and amendments thereto.
Sec. 4. (a) Whenever public financial assistance for dwellings is avail-
able, information concerning the requirements of this act shall be in-
cluded in any notice or educational material regarding the availability of
such financial assistance. Prior to releasing funds to a person receiving
such financial assistance, the administrator of the program or other ap-
propriate officer or employee shall require the person who is to receive
such financial assistance to sign an affidavit of intent to comply with the
requirements of this act.
(b) Except as provided by section 5, and amendments thereto, any
person who accepts public financial assistance and fails to comply with
the requirements of this act may be ineligible to receive public financial
assistance in the future.
Sec. 5. (a) Upon application therefor, the secretary may waive any
requirement of section 2, and amendments thereto. Applications for a
waiver shall be submitted to the secretary. If the secretary determines
that such compliance is financially or environmentally impractical, the
secretary may waive such requirement. The secretary shall render a de-
cision regarding any application submitted pursuant to this section within
60 days of receipt thereof.
(b) Unless otherwise provided by rules and regulations adopted by
the secretary, proceedings to consider a waiver under this section shall
be conducted in accordance with the provisions of the Kansas adminis-
trative procedure act.
(c) Appeals from the decision of the secretary shall be governed by
the provisions of the act for judicial review and civil enforcement of
Sec. 6. The provisions of this act shall not apply to any dwelling which
(a) A private residence which is owner-occupied or which is under
contract for occupation by the owner;
(b) a private residence for which an individual tax credit;
(c) a private residence which is financed with funds from the federal
housing administration, rural development programs administered by the
United States department of agriculture or under a single-family mort-
gage guarantee assistance program;
(d) a private residence for which rental vouchers or certificates under
42 U.S.C. § 1437 are accepted;
(e) financed with public funds other than state funds or federal funds
administered by the state or a state agency; or
(f) a dwelling the design or construction of which commenced prior
to July 1, 2002, as evidenced by (1) a payment for such design or con-
struction, (2) a contract for such design or construction or (3) or other
proof sufficient to the secretary as prescribed by rules and regulations.
Sec. 7. The secretary shall adopt any rules and regulations necessary
to implement the provisions of this act.
Sec. 8. This act shall take effect and be in force from and after its
publication in the statute book.
Approved May 29, 2002.
Date Composed: 10/10/2002 Date Modified: 10/10/2002