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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