SECOND REGULAR SESSION
HOUSE BILL NO. 1737
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES STORCH (Sponsor), LeVOTA, TALBOY, WEBB, WALTON GRAY, STILL, NASHEED, ATKINS, SCHUPP, OXFORD, GRISAMORE, LAMPE, NORR, MEINERS AND CHAPPELLE-NADAL (Co-sponsors).
3212L.01I D. ADAM CRUMBLISS, Chief Clerk
To amend chapter 215, RSMo, by adding thereto thirteen new sections relating to affordable housing.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 215, RSMo, is amended by adding thereto thirteen new sections, to be known as sections 215.265, 215.267, 215.269, 215.271, 215.273, 215.275, 215.277, 215.279, 215.281, 215.282, 215.283, 215.284, and 215.285, to read as follows:
215.265. 1. Sections 215.265 to 215.285 shall be known and may be cited as the "Universal Design in Affordable Housing Act".
2. As used in sections 215.265 to 215.285, the following terms shall mean:
(1) "Accessible route", a continuous, unobstructed path that complies with sections 215.273 and 215.275. With the exception of ramped surfaces, all portions of an accessible route shall have a slope less than five percent parallel to travel, have a cross slope of less than two percent, and shall be at least forty-two inches wide. Accessible routes shall be free of protruding objects;
(2) "Affordable housing unit", residential structures newly constructed or rehabilitated, which a person earning one hundred fifteen percent or less of the median income for the person's county, as determined by the United States Bureau of the Census, could afford if spending twenty-nine percent of that person's gross income annually on such housing;
(3) "Dwelling unit", one or more rooms arranged for the use of one or more individuals living together as a single housekeeping unit, with cooking, living, sanitary, and sleeping facilities;
(4) "Forward approach", a thirty inch by forty-eight inch clear and level space immediately in front of and centered on the item;
(5) "Level", a surface or landing sloping less than two percent in all directions;
(6) "Parallel approach", a thirty inch by forty-eight inch clear and level space immediately in front of and centered on the item;
(7) "Protruding object", an object protruding more than four inches from a wall, at a height higher than twenty-seven inches and less than eighty inches above the floor. Less than twenty-seven inches above the floor shall be considered cane detectable;
(8) "Ramp", a surface with a running slope more than five percent and equal to or less than eight point thirty-three percent and a cross slope less than two percent. Handrails shall be required on both sides of the ramp, and ramp construction shall be in compliance with the local building codes and the current edition of the American National Standards Institute (ANSI) A117.1;
(9) "Reach range", a range that is:
(a) At least fifteen inches above the finished floor;
(b) A forward approach of not more than forty-eight inches above the finished floor or forty-four inches if reaching over a twenty-four inch deep counter;
(c) A parallel approach of not more than fifty-four inches off the floor or forty-six inches if reaching over a twenty-four inch deep counter;
(10) "Universal design", the design of products and environments to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design.
215.267. 1. The site on which the affordable housing unit is situated shall provide at least one accessible route from vehicle drop-off and parking areas to entry doors, complying with subsection 2 of this section. The accessible route shall extend to the public sidewalk and connect to public transportation, if any.
2. All sidewalks and accessible routes of the site of the affordable housing unit shall have maximum five percent running slopes and maximum two percent cross slopes. The surface shall be firm, slip-resistant, and smooth. The sidewalk for an accessible route shall be at least forty-two inches wide with sixty inch diameter turning areas every two hundred feet.
3. (1) The site of an affordable housing unit shall provide space for at least one accessible parking space serving the site and connected to the accessible route. The accessible space may be on the street. Signs and striping shall not be required unless the project is large enough to trigger accessible parking requirements per local building codes and ANSI A117.1.
(2) Parking designated for the dwelling shall be as close as possible to the affordable housing unit entry and at the same basic level.
(3) The site of the affordable housing unit shall have, at a minimum, a nine foot by nineteen foot area for the vehicle with a minimum eight foot access aisle on one side. The space and aisle shall have a maximum two percent cross slope in all directions. The surface shall be paved, firm, slip-resistant, and smooth.
(4) The site of the affordable housing unit shall have a ninety-eight inch minimum vertical clearance at the parking space, access aisle, and a vehicular approach route.
4. The site shall not be required to provide a garage. However, if a garage is provided, all portions shall comply with the following:
(1) If the garage is attached to the affordable housing unit, such unit shall provide a ramp or other means of entering the dwelling through a no-step entry complying with subsection 2 of section 215.273;
(2) If the garage is detached, the unit shall provide an accessible route from the garage to a no-step entry to the dwelling;
(3) A child-proof automatic garage door opener and automatic lighting.
215.269. 1. The affordable housing unit shall provide at least one no-step entry. Such entry shall be a primary dwelling or building entry and shall comply with the entry requirements of subsection 1 of section 215.273. While it is preferred that the no-step entry be in the front entrance to the dwelling, an accessible side or rear entry is permissible when historic or neighborhood requirements preclude access to the front of the dwelling or building.
2. The affordable housing unit shall provide address numbers in the front and back of unit. The address numbers shall be at least four inches tall and contrast with the mounting background by at a minimum of seventy percent. The address numbers shall be illuminated or reflective and easily visible at night.
3. If the affordable housing unit provides a deck, the deck shall be accessible from the interior of the dwelling unit. Accessibility may be provided by either stepless transition or ramp. Access to the ramp shall not have more than a two percent slope in any direction and the surface shall be a slip-resistant, stable finish. There shall be no decking gaps greater than one-fourth of an inch.
4. The affordable housing unit shall provide an accessible route to trash containers or trash drop-off areas.
5. The affordable housing unit shall provide an accessible route to the mailbox. A mounted mailbox shall be within reach range and provide for either forward or parallel approach.
215.271. 1. The interior accessible route of the dwelling unit shall be continuous through all spaces and shall connect to all required elements. Primary living spaces, including but not limited to the living room, family room, and dining space shall be on the accessible route.
2. At least one bathroom within the dwelling unit shall be on an accessible level and suitable for use as provided in subsection 1 of section 215.279. Any additional bathrooms shall comply with subsection 3 of section 215.279.
3. At least one bedroom in the dwelling unit shall be on an accessible level and connected to the accessible route.
4. The dwelling unit's accessible bedroom closet shall contain an adjustable shelf support extending from floor to ceiling in an accessible bedroom closet and shall provide blocking for additional shelving and rod supports in all closets.
5. The dwelling unit shall have a kitchen which is on an accessible level, connected to the accessible route, and complies with section 215.277.
6. The dwelling unit shall provide a space for parallel approach for laundry for both a washing machine and a dryer in a side-by-side position and shall provide a rough-in for a combination washer/dryer unit. The hook-ups shall be set to permit future installation of a nine inch tall platform under the unit.
7. All exterior door openings of the dwelling unit shall comply with section 215.273. All interior door openings of the dwelling unit shall comply with section 215.275. However, doors to a shallow closet, which are twenty-four inches or less and similar spaces not meant to be entered are not required to comply with this subsection. Utility closets may have door openings narrower than thirty-two inches and be deeper than thirty inches so long as the air handler filter can be easily accessed from outside the space.
8. The windows of the dwelling unit shall comply with the following requirements:
(1) The sill height of the windows shall be at a maximum height of thirty-two inches above the floor except over casework;
(2) The windows shall be easy to operate, and crank casements requiring less than five pounds of effort are preferred;
(3) The window locks shall be mounted within reach range.
9. With the exception of panel boxes and HVAC filter access panels, all door hardware, cabinet hardware, faucets, bath and shower valves, diverters, and similar items shall be lever and wire handles or D-pull handles. Such items shall operate easily using a single closed fist.
215.273. 1. The primary entry of the dwelling unit shall comply with the following requirements:
(1) A door width and type that is thirty-six inches wide, at a minimum, with a standard pivot or hinged door;
(2) A door that provides a full length sidelight or other means of seeing visitors from both a standing and seated position;
(3) A maximum threshold height that is one-half inch beveled or a one-fourth inch square edged;
(4) An internally illuminated doorbell that is wired to allow retrofit of a visible interior signal. The doorbell shall be mounted at thirty-six inches above the level landing outside the door;
(5) If a closer is installed, it shall comply with current American National Standards Institute (ANSI) for closing speed and force;
(6) If weather-stripping is installed, the weather seal shall allow operation of the door with five pounds of force or less. The seal shall not increase the height of the threshold;
(7) A five foot by five foot maneuvering space inside and outside of the entry door. At the exterior side of the door, there shall be a full turning circle with a sixty inch radius of level space clear of the door swing;
(8) A sheltered entry from weather with an overhang;
(9) Outdoor lighting with at least a one hundred watt capacity fixture either in the porch roof or ceiling or with a sconce mounted on the latch side of the door.
2. The following are recommended elements for the dwelling unit:
(1) A package shelf or bench for parcels or groceries near the entry. If the shelf is provided, it shall be placed clear of the required approach spaces for the door;
(2) A covered porch at the entry to protect the entry area and provide shaded exterior space;
(3) A power stub-in for future installation of an electronic door strike release or power door operator.
3. Secondary hinged or pivot exterior doors of the dwelling unit shall have the following requirements:
(1) A minimum door width of thirty-six inches;
(2) A clear floor space that has a five foot by five foot maneuvering space on the pull side of the door and a minimum thirty-six inch by forty-eight inch approach space on the push side of the door;
4. Decks of a dwelling unit may be accessed through sliding glass doors, but such doors shall not serve as the primary entry to the building. The maximum height for the sill or threshold of a sliding glass door shall be three-fourths of an inch. Sliding glass doors may require up to eight pounds of force to operate. There shall be a forty-two inch by forty-eight inch approach space to both sides of the sliding door.
215.275. 1. Interior doors and doorways of the dwelling unit shall provide the following:
(1) A clear opening with a minimum width of thirty-two inches measured from the edge of the door to the edge of the doorstop;
(2) An eighteen inch clear approach on pull sides of all doors and a minimum thirty inch by forty-eight inch approach space on the push sides of the doors. On the push side, the approach may be forward or may be from the side in a forty-two inch minimum width hallway;
(3) Floor surface change may have a maximum one-half inch beveled threshold condition.
2. The hallways of the dwelling unit shall be at least forty-two inches wide.
3. The floor surface of the dwelling unit shall consist of a nonslip and dense surface material using dense pile or loop material. No pads shall be used under the carpeting.
4. The dwelling unit shall use high contrast finish selections, including floor to wall transitions, top treads of stairs, treads and risers, counters, and adjacent flooring and walls.
5. The dwelling unit shall contain at least one full-length mirror in the bedroom or the bathroom that connects to the accessible route.
6. If the dwelling unit contains interior and exterior stairs, such stairs shall comply with the following requirement:
(1) A riser with a maximum height of seven inches and a minimum tread depth of eleven inches;
(2) Handrails on both sides that are extended twelve inches beyond the top and bottom risers and parallel to the floor;
(3) A minimum width of forty-two inches;
(4) A minimum landing that is forty-eight inches deep;
(5) A rough-in power for a future lift.
7. Furniture layouts are recommended to ensure rooms are generously sized so that maneuverability is possible with furniture in place.
215.277. 1. The kitchen of a dwelling unit shall consist of a parallel approach for the refrigerator, microwave, sink, and stove. If using a U-shaped or galley-type kitchen, sixty inches shall be between the front of the counter to the front of the opposite counter. If using an L-shaped kitchen, forty-two inches shall be between the counter and island, if any. There shall be continuous counter surface between the stove and sink, and there shall be space for a microwave and toaster on the counter surface.
2. The kitchen sink of the dwelling unit shall have the following requirements:
(1) A single lever faucet with a separate sprayer;
(2) Insulated sink pipes;
(3) A bowl that has a maximum depth of six to seven inches with a drain set toward the back of the bowl area. The disposal shall be clear of knee space;
(4) A front approach knee space for the sink. A cabinet shall be a front fold back or shall contain a removable base;
(5) A finished floor under the sink area.
3. The kitchen counters of the dwelling unit shall have the following requirements:
(1) No mirror-finished counters such as gloss laminate;
(2) Either a section of adjustable counter surface with knee space below or a space for a free-standing twenty-four inch by thirty-six inch table while maintaining required clearances.
4. The kitchen of the dwelling unit shall contain the following appliances:
(1) A range with front controls;
(2) A hood with a switched exhaust control that is within reach of the person using the range;
(3) A rough-in for an ice-maker with enough space for a side-by-side refrigerator or bottom freezer refrigerator;
(4) A microwave within reach range, if provided.
5. The kitchen of the dwelling unit shall contain at least fifty percent of the storage space within reach range.
6. The following are optional elements for the dwelling unit's kitchen:
(1) Full extension drawer glides;
(2) Roll-out shelving or carts;
(3) Raised dishwasher;
(4) Side-hinged oven door;
(5) Oven mounted with middle shelf at thirty-four inches above the finished door;
(6) Adjustable shelves in wall and base cabinets;
(7) Toe kicks at nine inches above the finished floor;
(8) Staggered range burners.
7. The lighting in the kitchen shall be sufficient to provide fifty-five foot candle illumination throughout the kitchen workspace. The light levels shall be measured at the countertops, appliances, and sink.
215.279. 1. There shall be at least one primary bathroom on the accessible route with a toilet, lavatory, and tub/shower or shower and adjacent storage for personal care items. The door shall not swing over any required clear floor space for fixture approach. The bathroom shall be large enough to provide turning space for a person using a wheelchair.
2. The bathroom shall contain the following features:
(1) A phone jack;
(2) A toilet located eighteen inches off a sidewall in a clear space that is at least forty-eight inches wide and sixty inches deep. Such fixture shall have a flush valve on the open side of the toilet;
(3) A toilet seat with a height of seventeen inches, unless an occupant requests a toilet seat that is higher or lower than seventeen inches;
(4) A clear thirty by forty-eight inch approach space aligned with a side tub with controls located on the side of the fixture centerline;
(5) Blocking for grab bars in a variety of positions;
(6) A personal shower unit on a thirty inch minimum slide bar. The shower head shall have a cut-off thumb control head and a sixty inch long hose;
(7) A shower that is at least thirty-six inches square with blocking in the walls for grabs and seats. There shall be a maximum one-half inch high curb installation at thirty-six inch square units;
(8) A lavatory with a thirty by forty-eight inch approach space for both parallel and forward approach; a finished floor under the lavatory; and a removable cabinet, fold back vanity door, or a wall hung fixture or counter with knee space;
(9) A mirror that is not more than thirty-eight inches above the finished floor but with a top edge that is at least sixty-six inches above the finished floor;
(10) Extra lighting at sides or above the lavatory and in or adjacent to the tub/shower area. The lighting in the dwelling unit's bathroom shall be sufficient to provide fifty-five foot candle illumination at light levels;
(11) At least one ground fault circuit interrupter (GFCI) electrical outlet located within reach range.
3. For any secondary bathroom in a dwelling unit, there shall be a thirty inch by forty-eight inch clear floor space beyond the reach of the door swing. Such bathroom shall have the following features:
(1) A toilet eighteen inches off a sidewall in a clear space that is at least forty-eight inches wide and sixty inches deep. The flush valve shall be on the open side of the toilet; (2) A toilet with a seat height of fifteen or seventeen inches;
(3) A tub with a thirty inch by forty-eight inch approach space aligned with the side of the tub;
(4) Tub/shower controls on the side of the fixture centerline;
(5) Blocking for grab bars in a variety of positions at the toilet, tub, and shower areas;
(6) A shower that is at least a thirty-four inch square with blocking in the walls for grabs and seats and thirty inches by forty-eight inches of clear floor space adjacent to the open side of the shower;
(7) A thirty inch by forty-eight inch clear floor space for a lavatory for either parallel or forward approach centered on the bowl.
215.281. 1. There shall be wires in a dwelling unit to allow for future installation of visual smoke alarms.
2. There shall be a thermostat in the dwelling unit that is mounted forty-eight inches above the floor in a position that allows either forward or parallel approach. The thermostat shall have large legible control markings and be user friendly.
3. There shall be a parallel approach space for an electric panel in the dwelling unit. Such panel shall be mounted so that the top operating switch is fifty-four inches above the floor and the bottom of the panel is not less than eighteen inches above the finished floor.
4. Outlets, phone jacks, and data ports in the dwelling unit shall be eighteen inches above the finished floor minimum.
5. Luminous rocker or toggle light switches in the dwelling unit shall be mounted at thirty-six to forty-two inches above the finished floor.
215.282. All townhomes built with public funds shall include:
(1) At least one stepless entry;
(2) One universal bathroom on the first floor;
(3) One bedroom on the first floor;
(4) Stacking closets of a size that would allow for later installation of a home elevator or a wider staircase from first floor to second floor that would allow for later installation of a stair lift.
215.283. No exceptions to sections 215.265 to 215.285 will be granted to the basic four elements:
(1) One no-step entry;
(2) Minimum door and hallway width requirements;
(3) Provisions for usable bathroom facilities in the unit; and
(4) At least one accessible bedroom on an accessible level connected to an accessible route.
215.284. Any developer using public funds for affordable housing shall be required to seek out and obtain training on universal design at his or her expense.
215.285. The goals of sections 215.265 to 215.285 shall be construed to overlap with those imposed by federal law or regulation, if any, and shall run concurrently therewith and shall be in addition to the amount required by federal law only to the extent sections 215.265 to 215.285 exceeds those required by federal law or regulation.