PURPOSE: This rule establishes acces. sib&y requirements in the design and construction of covered multijamily dwellings.

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensiue. The entire text of the material referenced has been jiled with the secretary of state. This material may be found at the Office oftheSecretaryofStateorat the headquarters ofthe agency and is available to any interested person at a cost established by state law.

1. (1) Coveredmultifamily dwellingsplannedfor first occupancy after March 13, 1991 shall be designed and constructed to have at least one

2. (1) building entrance on an accessible route unless it is impractical to do so because of the terrain or unusual characteristics of the site. For purposes of this section, a covered multi. family dwelling shall be deemed to be designed and constructed for first occupancy before March 14,199l if it is occupied before that date or if the last building permit or permit renewal for the covered multifamily dwellings is issued by a state, county or local government before January 14,199O. The burden of establishing impracticality because of terrain or unusual site characteristics is on the person or persons who designed or constructed the housing facility.

   1. (A) Example 1: Area1 estate developer plans to construct six (6) covered multifamiiy dwelling units on a site with a hilly terrain. Because alongandsteep stairwayisnecessary in order to enter the dwellings and since there is no practical way to provide an accessible route to anv of the dwellings. one need not be _ provided. ” (BJ Examole 2: Area1 estate developer plans to’construcca building consisting oi ten (10) units of multifamily housing on a waterfront site that floods frequently. Because of this unusual characteristic of the site, the builder plans to construct the building on stilts. It is customary for housing in the geographic area wherethesiteisloeatedtobe built onstilts.The housing lawfully may be constructed on the proposed site on stilts even though this means that there will be no practical way to provide an accessible route to the building entrance.

   2. (C) Example 3: Areal estate developer plans to construct a multifamily housing facility on a particular site. The developer would like the facility to be built on the site to contain as many units as possible. Because of the configuration and terrain of the site, it is possible to construct a building with one

      (4/X/93) Judith K. Moriarty SBCADIY Of state Sections of the Missouri Human Rights Act

hundred five (105) “nits on the site, provided the site does not have an accessible route leading to the building entrance. It is also possible to construct a building on the site with an accessible route leading to the building entrance. However, this building would have nomorethanonehundred(100) dwellingunits. The building to be constructed on the site must have a building entrance on an accessible route because it is not impractical to provide such an entrance because of the terrain or unusual characteristics of the site.

1. (2) All covered multifamily dwellings planned for first occupancy after March 13,199l with a building entrance on an accessible route shall be designed and constructed in a manner that- -
2. (A) The public and common use areas are readily accessible to and usable by handicapped persons (compliance with the appropriate requirements of American National Standards Institute (ANSI) A117.1.1986 suffices to satisfy these requirements);
3. (B) All the doors designed to allow passage into and within all premises are sufficiently wide to allow passage by handicapped persons in wheelchairs; and

4. (C) All pramses within covered multifamily dwelling units contain the following features of adaptable design:

   1. 1. An accessible route into and through the covered dwelling unit;
   2. 2. Light switches, electrical outlets, thermostats and other environmental controls in accessible locations;
   3. 3. Reinforcements in bathroom walls to allow later installation ofgrab bars around the toilet, tub, shower stall and shower seat, where these facilities are provided; and

   4. 4. Usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space.

      1. A. Example 1: A developer plans to

construct a one hundred (100).unit condo. minium apartment building with one (1) elevator. In accordance with section (l), the building has at least one accessible route leading to an accessible entrance. All one hundred (100) units are covered multifamily dwelling units and they all must comply with the accessibility requirements of section (1) of this rule.

1. B. Example 2: A developer plans to

construct thirty (30) garden apartments in a three @-story building. The building will not haveanelevator.Thebuilding willhaveone(l) accessible entrance which will be on the first floor. Since the building does not have an elevator, only the ground floor units are covered multifamily units. The ground floor is the first floor because that is the floor that has an accessible entrance. All of the dwelling

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units on the first floor must meet the accessibility requirements of section (1) of this rule and must have access to at least one (1) of each type ofpublic o~common useareaavailablefor residents in the building.

1. (3) Compliance with a duly enacted law of a state or unit of general local government that includes the requirements of (3)(C)l.-4. ofthis rule satisfies the requirements of sections (1) and (3) of the rule. Auth: sections 213.030 and 213.040, RSMo (Cum. Supp. 1992).* Original rule filed Dec. 2,1992, effective June 7, 1993. *Original authority: 213.030, RSMo 119591, amended 1978, 1986, 1992 and 213.040, RSMo fl986), amended 1992.