SB435: relative to accessible housing for persons of all abilities.

SB 435-FN - AS INTRODUCED

2004 SESSION

04-3123

06/09

SENATE BILL 435-FN

AN ACT relative to accessible housing for persons of all abilities.

SPONSORS: Sen. D'Allesandro, Dist 20

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill adds sections to the state building code relative to the definition of residential construction and accessibility standards for residential construction.

This bill also requires the governor's commission on disabilities to report to the legislature on its success in assisting interested parties by providing information on accessibility.

This bill is a request of the housing committee of the governor's commission on disability.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04-3123

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to accessible housing for persons of all abilities.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Legislative Findings. The legislature finds that:

I. People over 65 are the fastest growing sector of the American population and life expectancies continue to increase. Whether due to injury or age, there is a great likelihood for a person, at some time in his or her life, to suffer a temporary or permanent condition that limits mobility or the ability to perform daily tasks of living.

II. The increased cost of constructing a residence with doorways wide enough to permit wheelchair access, electrical outlets accessible to persons who use wheelchairs, and bathroom walls reinforced to permit installation of grab bars is minimal, while the costs and disruption associated with retrofitting an existing home to be minimally accessible are substantial.

III. A residence that provides minimal accessibility offers the possibility of occupancy or visitation by a disabled person. An occupant of a home that has wide doorways and accessible outlets who becomes disabled, whether temporarily or permanently, may be able to remain at home and avoid or delay the great expense and emotional trauma of institutionalization.

2 New Paragraph; Definitions; Residential Construction. Amend RSA 155-A:1 by inserting after paragraph V the following new paragraph:

V-a. "Residential construction" means new construction of one family or multifamily dwellings. "Residential construction" shall not include a single family dwelling built by the owner for the personal occupancy of the owner and the owner's family, or the assembly or placement of residential construction that is prefabricated or manufactured outside of this state.

3 New Section; Accessibility of Residential Construction. Amend RSA 155-A by inserting after section 155-A:5 the following new section:

155-A:5-a Accessibility of Residential Construction.

I. Residential construction shall be built to comply with all of the following standards:

(a) At least one first floor exterior door that is at least 36 inches wide.

(b) First floor interior doors between rooms that are at least 34 inches wide or open doorways that are at least 32 inches wide with thresholds that are level, ramped, or beveled.

(c) Interior hallways that are level and at least 36 inches wide.

(d) Environmental and utility controls and outlets that are located at heights that are in compliance with accepted standards for people with disabilities.

(e) Bathroom walls that are reinforced to permit attachment of grab bars.

II. Unless required by federal law, any single dwelling unit of 2 or more stories within a building consisting of 4 or more dwelling units is not required to have a vertical access within the dwelling unit, provided that 5 percent of the dwelling units, or one unit, whichever is greater, has an accessible entrance, and all the dwelling units meet or exceed the minimum standards required in this section.

III. A violation of this section shall neither affect marketability nor create a defect in title of the residential construction.

4 Distribution of Housing Information; Report to the Legislature.

I. The governor's commission on disability is available to assist interested parties, including home builders, lending institutions, real estate brokers, and consumer groups to promote and facilitate timely distribution of information to persons purchasing or contracting for residential construction.

II. The commission on disability shall report to the senate president, the speaker of the house of representatives, the governor, the senate clerk, the house clerk, and the state library before November 1, 2005 on the success of efforts to assist interested parties, including homebuilders, lending institutions, real estate brokers, and consumer groups.

5 Effective Date. This act shall take effect 60 days after its passage.

LBAO

04-3123

Revised 1/15/04

SB 435 FISCAL NOTE

AN ACT relative to accessible housing for persons of all abilities.

FISCAL IMPACT:

The Governor's Commission on Disability and the Human Rights Commission stated this bill will have no fiscal impact on state, county and local revenue or expenditures.

METHODOLOGY:

The Governor's Commission on Disability stated existing staff would continue work to inform contractors, financial institutions, architects and homeowners of accessibility standards without additional costs.

The Human Rights Commission reviewed the proposed accessibility standards and concluded this bill will have no fiscal impact.