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FHA New ‘Safe Harbors’ Announced
HUD Cites 2006 IBC and 2003 ANSI A117.1
The 2006 International Building Code (IBC) and the 2003 ANSI A117.1 Standard can now be used together as a safe harbor for compliance with the design and construction requirements of the Fair Housing Act (FHA), according to a report issued May 31, 2007, by the US Department of Housing and Urban Development (HUD).
In the report, Kim Kendrick, HUD Assistant Secretary for Fair Housing and Equal Opportunity, formally announced that the department had assessed the provisions of the 2006 IBC and the Jan. 31, 2007 erratum that related to facilities covered by HUD and determined that those provisions, when interpreted in accordance with relevant 2006 IBC Commentary, are consistent with the FHA, HUD’s regulations and the Fair Housing Accessibility Guidelines.
In addition, HUD announced that after reviewing the 2003 ICC/ANSI A117.1 Standard on Accessible and Useable Buildings and Facilities, as referenced in the 2006 IBC, it had determined that the technical criteria of the 2003 ICC/ANSI A117.1 “are consistent with the Act and constitute a safe harbor when used together with the Act, HUD’s regulations and the guidelines for scoping requirements.” The report also noted that, “Since [2003 ICC/ANSI A117.1] lacks specific details on scoping requirements, it is necessary to consult a safe harbor document that provides scoping information.”
“ICC is very happy with HUD’s certification of the 2006 IBC and 2003 A117.1 as ‘safe harbor’ documents for compliance with FHA,” said Kim Paarlberg, RA, ICC Senior Staff Architect. “Designers and contractors benefit by knowing that their designs both comply with the building codes and the FHA. By having a review of the design by code officials and inspectors there is the opportunity to address conflicts or errors early in the process, rather than through expensive retrofits. This will result in a higher level of accessibility for all residents, their families and friends. ICC looks forward to continuing to work with HUD for the next editions of the code and standard.”
HUD also announced its intention to issue a Notice of Proposed Rulemaking for adopting the 2003 ICC/ANSI A117.1 accessibility standard and stipulating that the 1998, 1992 and 1986 editions of the standard continue to be available as safe harbors.