Session Law

Identifying Information:L. 2002 ch. 175
Other Identifying Information:2002 House Bill 2020*
Tax Type:Other
Brief Description:An Act establishing accessibility standards for certain dwellings.
Keywords:


Body:

CHAPTER 175

HOUSE BILL No. 2020*

An Act establishing accessibility standards for certain dwellings.


Be it enacted by the Legislature of the State of Kansas:

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

state agency;

(2) any real estate received by the owner through a donation by the

state;

(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,

3/4 inch.

(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

agency actions.

Sec. 6. The provisions of this act shall not apply to any dwelling which

is:

(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.


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Date Composed: 10/10/2002 Date Modified: 10/10/2002