[As Further Amended by Senate Committee of the Whole]

Session of 2000
Substitute for SENATE BILL No. 304 By Committee on Federal and State Affairs 2-17

10 AN ACT establishing accessibility standards for certain dwellings.
11
12 Be it enacted by the Legislature of the State of Kansas:
13 Section 1. As used in this act:
14 (a) ``Dwelling'' means any single family residence and each individual
15 living unit in a duplex or triplex residential building which is constructed
16 or structurally remodeled or rehabilitated or reconstructed with public
17 financial assistance.
18 (b) ``Public financial assistance'' means:
19 (1) A building contract or similar contractual agreement with any
20 state agency;
21 (2) any real estate received by the owner through a donation by the
22 state;
23 (3) tax credits, exemptions or rebates;
24 (4) grant assistance from state funds;
25 (5) state loan guarantees; and
26 (6) federal funds administered by the state or a state agency.
27 Sec. 2. (a) Dwellings shall be designed and constructed to have at
28 least one accessible entrance on an accessible route. If the entrance is
29 served by a ramp, the ramp shall comply with American National Stan-
30 dards Institute (ANSI) A117.1, 4.8, or an equivalent standard which pro-
31 vides equal or greater accessibility. Such ramp shall have a maximum
32 slope not to exceed a ratio of one inch rise to every 12 inch horizontal
33 run.
34 (b) Accessible entrance doors shall comply with ANSI A117.1, 4.13,
35 and shall have a minimum clear opening of 32 inches. The accessible
36 entrance may be any entrance at the front, side, back or garage of the
37 dwelling that is served by an accessible route. If a patio door serves as an
38 accessible entrance, a standard six-foot sliding patio door assembly shall
39 be deemed to be sufficient to comply with the requirements of this
40 subsection.
41 (c) All doorways intended for passage into and within the dwelling
42 shall be sufficiently wide to allow passage by persons in wheelchairs. All
43 doors, except those serving closets less than 15 square feet in area, within

2
1 the dwelling which are intended for user passage shall provide a minimum
2 32-inch clear opening.
3 (d) An accessible route within the dwelling shall be designed and
4 constructed in such a manner that a 36-inch wide route is provided
5 through the main floor of the dwelling with ramped or beveled changes
6 at door thresholds.
7 (e) Reinforcement in the walls shall be provided at locations specified
8 by ANSI A117.1, 4.24 and 4.32, so that grab bars may be properly installed
9 if needed at a later date.
10 (f) Dwellings shall be designed and constructed in such a manner
11 that all dwellings contain light switches, electrical outlets, thermostat con-
12 trols and other controls in accessible locations as specified by ANSI
13 A117.1, 4.25. If multiple controls serve the same elements, only one need
14 be accessible.
15 Sec. 3. (a) Except as provided by this act, the design and construction
16 of all new dwellings shall conform to the accessibility standards specified
17 in ANSI A117.1, 2.
18 (b) Except as provided by this act, the design, construction, remod-
19 eling, rehabilitation or reconstruction of existing dwellings shall not be
20 required to conform to the accessibility standards specified in ANSI
21 A117.1, 2.
22 Sec. 4. (a) Whenever a dwelling which was constructed prior to July
23 1, 2000, is reconstructed, rehabilitated or remodeled such reconstruction,
24 rehabilitation or remodeling shall:
25 (1) Include a no-step accessible entrance to the dwelling, if the pro-
26 posed work includes the structural remodeling or rehabilitation or recon-
27 struction of an entrance to the dwelling;
28 (2) provide interior doorways, including doorways to bathrooms,
29 which are sufficiently wide to allow passage by a person in a wheelchair,
30 if the proposed work includes the structural remodeling or rehabilitation
31 or reconstruction of such interior doorway;
32 (3) provide an accessible route through the main floor of the dwelling,
33 if the proposed work includes the structural remodeling or rehabilitation
34 or reconstruction of an interior route of such dwelling;
35 (4) provide for the reinforcement of bathroom walls so that grab bars
36 may be properly installed if needed at a later date, if the proposed work
37 includes the structural remodeling or rehabilitation or reconstruction of
38 walls of the bathroom at the bathtub, shower or water closet area; and
39 (5) provide that light switches, electrical outlets, thermostat controls
40 and other controls be in an accessible location, if such switch, outlet or
41 control is directly affected by structural remodeling or rehabilitation or
42 reconstruction of the dwelling.
43 (b) The phrase ``structural remodeling or rehabilitation or reconstruc-

3
1 tion'' shall not include:
2 (1) Replacement of roofs or gutters;
3 (2) interior or exterior painting of a dwelling;
4 (3) siding work on a dwelling;
5 (4) repairing or altering plumbing;
6 (5) weatherization measures;
7 (6) installation of storm windows; or
8 (7) other structural remodeling, rehabilitation or reconstruction work
9 excluded pursuant to rules and regulations adopted under subsection (c).
10 (c) In addition to the improvements or modifications to dwellings
11 described in subsection (b), the secretary of administration may adopt
12 rules and regulations excluding other improvements or modifications
13 from the phrase ``structural remodeling, rehabilitation or reconstruction.''
14 Sec. 5. (a) Whenever public financial assistance for dwellings is avail-
15 able, information concerning the requirements of this act shall be in-
16 cluded in any notice or educational material regarding the availability of
17 such financial assistance. Prior to releasing funds to a person receiving
18 such financial assistance, the administrator of the program or other ap-
19 propriate officer or employee shall require the person who is to receive
20 such financial assistance to sign an affidavit of intent to comply with the
21 requirements of this act.
22 (b) Except as provided by section 6, and amendments thereto, any
23 person who accepts public financial assistance and fails to comply with
24 the requirements of this act shall be ineligible to receive public financial
25 assistance in the future.
26 Sec. 6. Upon application therefor, the secretary of the department
27 of administration may waive any requirement of this act. Applications for
28 a waiver shall be submitted to the secretary. [The secretary shall give
29 notice of all applications for waivers to the secretary of the depart-
30 ment of commerce and housing. The secretary of commerce and
31 housing may submit recommendations and comments concerning a
32 request for a waiver and the secretary of administration shall con-
33 sider any such recommendations or comments when granting or de-
34 nying a waiver.] If the secretary determines that compliance with any
35 requirement of this act is financially or environmentally impractical, the
36 secretary may waive such requirement. The secretary shall render a de-
37 cision regarding any application submitted pursuant to this section within
38 60 days of receipt thereof. [Notice of such decision shall be given to
39 the secretary of the department of commerce and housing.] The sec-
40 retary shall adopt any rules and regulations necessary for the implemen-
41 tation of this section.
42 [Unless otherwise provided by rules and regulations adopted by
43 the secretary of administration, proceedings to consider a waiver

4
1 under this section shall be conducted in accordance with the pro-
2 visions of the Kansas administrative procedures act.
3 [Appeals from the decision of the secretary of administration shall
4 be governed by the provisions of the act for judicial review and civil
5 enforcement of agency actions.]
6 Sec. 7. The provisions of this act shall not apply to any dwelling which
7 is:
8 (a) A private residence which is owner-occupied [or which is under
9 contract for occupation by the owner];
10 (b) a private residence for which an individual tax credit or rebate is
11 received;
12 (c) a private residence which is financed with funds from the federal
13 housing administration, rural development programs administered by the
14 U.S. department of agriculture or under a single-family mortgage guar-
15 antee assistance program;
16 (d) a private residence for which rental vouchers or certificates under
17 42 U.S.C. § 1437 are accepted; or
18 (e) financed with public funds other than state or federal funds.
19 ~~Sec. 8. This act shall take effect and be in force from and after its~~
20 ~~publication in the statute book.~~[; or]
21 [(f) a dwelling the design or construction of which commenced
22 prior to July 1, 2000, as evidenced by (1) a payment for such design
23 or construction, (2) a contract for such design or construction or
24 (3) or other proof sufficient to the secretary of administration as
25 prescribed by rules and regulations.
26 [Sec. 8. This act shall take effect and be in force from and after
27 its publication in the statute book.]
28