Bill Text: NY S06819 | 2009-2010 | General Assembly | Introduced
Bill Title: Establishes the universal design incentive which authorizes the secretary of the department of state to reduce building permit fees for new construction or substantial alterations providing for accessible housing for persons with physical disabilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-06-10 - referred to governmental operations [S06819 Detail]
Download: New_York-2009-S06819-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6819 I N S E N A T E February 10, 2010 ___________ Introduced by Sen. FOLEY -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development AN ACT to amend the executive law, in relation to the universal design incentive THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative intent and findings. The legislature hereby 2 finds that the availability of accessible housing opportunities is vital 3 to the safety and welfare of persons with limited mobility including 4 seniors and persons with either permanent or temporary physical disabil- 5 ities. 6 This act provides for a Universal Design Incentive (UDI) permit fee 7 structure and other benefits that reduce the cost and time needed to 8 create accessible and adaptable housing. An increase in the inventory of 9 such single and multi-family dwellings is needed to meet the needs of a 10 growing number of residents and visitors with disabilities and for those 11 who wish to retire in their own homes as is commonly referred to as the 12 ability to "age-in-place". 13 The legislature hereby provides this UDI legislation to stimulate the 14 development of adaptable and accessible housing by offering permits for 15 both new dwellings and for alterations to existing dwellings under an 16 incentive based fee structure with expedited application processing. The 17 UDI also provides for the exemption from certain dimensional (setback) 18 requirements for alterations to existing dwellings that are necessary to 19 create an accessible entryway. Further, the UDI provides for an 20 exemption from maximum floor area and lot coverage calculations for new 21 and substantially altered single family dwellings. This act is intended 22 to encourage and expedite the development of additional local housing 23 opportunities for independent living. 24 The legislature seeks to facilitate the alteration of existing homes 25 and the construction of new single and multi-family dwellings that are 26 accessible or may be readily made accessible for seniors and other 27 persons with limited mobility such as persons with disabilities. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15773-01-0 S. 6819 2 1 The legislature hereby finds that the inclusion of certain accessible 2 and adaptable dwelling design features into the construction of new 3 dwelling units as well as the alteration of existing dwelling units will 4 allow seniors and persons with disabilities greater opportunity to occu- 5 py or visit homes within New York state and, to age in place which 6 avoids the considerable cost to retirees, their families and often to 7 New York state for unnecessary and unwanted residencies in assisted 8 living or nursing care facilities. 9 Therefore, this act is necessary to expand the inventory of housing 10 opportunities that are defined as accessible or adaptable. 11 S 2. The executive law is amended by adding a new section 378-a to 12 read as follows: 13 S 378-A. UNIVERSAL DESIGN INCENTIVE. THE NEW YORK STATE UNIFORM FIRE 14 PREVENTION AND BUILDING CODE SHALL CONTAIN THE PROVISIONS SET FORTH IN 15 THIS SECTION. 16 1. AS USED IN THIS SECTION, THE FOLLOWING DEFINITIONS SHALL APPLY: 17 A. "ACCESSIBLE" MEANS A BUILDING OR PORTION THEREOF THAT CAN BE 18 APPROACHED, ENTERED AND USED BY PEOPLE WITH PHYSICAL DISABILITIES. 19 B. "ACCESSIBLE DOOR" MEANS A THIRTY-SIX INCH DOOR THAT WHEN HUNG IN 20 THE STANDARD MANNER PROVIDES A MINIMUM CLEARANCE OF THIRTY-TWO INCHES 21 WITH NO MORE THAN ONE-QUARTER INCH BEVELED THRESHOLDS AND EQUIPPED OR 22 EASILY REFITTED WITH LEVER-TYPE DOOR HANDLES. 23 C. "ADAPTABLE" MEANS LIVING SPACE WHICH MAY BE READILY CONVERTED WITH- 24 OUT DEMOLITION AND WITH MINIMAL EFFORT AND COST INTO LIVING SPACE THAT 25 IS ACCESSIBLE. 26 D. "BATHROOM" MEANS A ROOM COMMONLY CONTAINING A TOILET, SINK, AND 27 EITHER A SHOWER, BATHTUB, COMBINATION BATHTUB/SHOWER, OR BOTH A SHOWER 28 AND A BATHTUB. THIS TERM SHALL INCLUDE A COMPARTMENTED BATHROOM IN WHICH 29 THE FIXTURES ARE DISTRIBUTED AMONG INTERCONNECTED ROOMS. 30 E. "BUILDING OFFICIAL" MEANS A PERSON DESIGNATED BY THE SECRETARY WHO 31 SHALL OVERSEE THAT THE PROVISIONS SET FORTH IN THIS SECTION ARE ADHERED 32 TO. 33 F. "COMMON USE ROOM" MEANS A ROOM COMMONLY USED BY RESIDENTS OR GUESTS 34 TO CONGREGATE. 35 G. "DIMENSIONAL REQUIREMENTS" MEANS ANY LOCAL ZONING ORDINANCES 36 GOVERNING THE SIZE OF ANY STRUCTURES ON A BUILDING LOT. THIS TERM SHALL 37 INCLUDE SETBACK REQUIREMENTS. 38 H. "DWELLING UNIT" MEANS ONE OR MORE ROOMS IN A BUILDING THAT ARE 39 ARRANGED, DESIGNED, USED OR INTENDED FOR USE BY ONE OR MORE FAMILIES. 40 I. "FLEX ROOM" MEANS A COMMON USE ROOM THAT CAN BE CONVERTED TO A 41 PRIVATE BEDROOM WITHOUT DEMOLITION, WITH THE EXCEPTION OF THAT WHICH IS 42 REQUIRED FOR INSTALLING A DOOR IN AN EXISTING WALL OPENING. A FLEX ROOM 43 MUST MEET SUCH CODE REQUIREMENTS AS MAY BE ADOPTED FOR FUTURE USE AS A 44 BEDROOM INCLUDING EGRESS AND SMOKE DETECTION. 45 J. "KITCHEN" MEANS A ROOM USED FOR THE COOKING OR WARMING OF FOOD. 46 K. "LOT COVERAGE RESTRICTIONS" MEANS ANY LOCAL ZONING ORDINANCES 47 GOVERNING THE RATIO OF THE OCCUPIED AREA TO THE TOTAL AREA OF A BUILDING 48 LOT. THE OCCUPIED AREA REFERS TO THE AREA OF A BUILDING LOT WHICH IS 49 COVERED BY BUILDINGS, DRIVEWAYS AND OTHER STRUCTURES. 50 L. "POWDER ROOM" MEANS A ROOM CONTAINING A TOILET AND SINK, BUT NO 51 BATHTUB OR SHOWER. IT INCLUDES A COMPARTMENTED POWDER ROOM IN WHICH THE 52 FIXTURES ARE DISTRIBUTED AMONG INTERCONNECTED ROOMS. 53 M. "SETBACK REQUIREMENTS" MEANS ANY LOCAL ZONING ORDINANCES GOVERNING 54 HOW CLOSE TO A PROPERTY LINE ANY BUILDING MAY BE BUILT. 55 N. "UNIVERSAL DESIGN INCENTIVE" MEANS THE FEE REDUCTIONS SET FORTH IN 56 SUBDIVISION TWO OF THIS SECTION. S. 6819 3 1 2. THE SECRETARY SHALL GRANT SUCH NEW BUILDING OR BUILDING ALTERATION 2 PERMIT FEE REDUCTIONS AS HE OR SHE DEEMS SUFFICIENT TO ENCOURAGE THE 3 EXPEDITED DEVELOPMENT OF NEW DWELLING UNITS OR THE SUBSTANTIAL ALTER- 4 ATION OF EXISTING SINGLE AND MULTI-FAMILY DWELLING UNITS THAT ARE TO BE 5 ACCESSIBLE OR ADAPTABLE TO PERSONS WITH EITHER TEMPORARY OR PERMANENT 6 PHYSICAL DISABILITIES. 7 3. TO QUALIFY FOR THE UNIVERSAL DESIGN INCENTIVE, APPLICATIONS FOR NEW 8 OR SUBSTANTIALLY ALTERED EXISTING SINGLE OR MULTI-FAMILY DWELLING UNITS 9 SHALL CONTAIN AN: 10 A. ACCESSIBLE ENTRANCEWAY AND ACCESSIBLE INTERNAL ROUTE OF TRAVEL. 11 THIS REQUIRES: 12 (I) ONE UNOBSTRUCTED WALKWAY OF AT LEAST THIRTY-SIX INCHES IN WIDTH 13 WITH AN APPROACH SLOPE OF NOT MORE THAN 1CONSUMER PROTECTION FROM THE 14 DRIVEWAY OR PUBLIC SIDEWALK TO THE ACCESSIBLE ENTRANCEWAY; 15 (II) ONE STEP-FREE ENTRY AT ANY OPENING OF THE DWELLING (FRONT, BACK, 16 SIDE, GARAGE) THAT IS IDENTIFIED AS THE ACCESSIBLE ENTRANCEWAY; 17 (III) ALL EXTERIOR HINGED DOORS TO BE ACCESSIBLE DOORS WITH A MINIMUM 18 OF THIRTY-TWO INCH INTERNAL CLEARANCE AND WITH NO MORE THAN ONE-QUARTER 19 INCH BEVELED THRESHOLDS AND EQUIPPED OR EASILY REFITTED WITH LEVER-TYPE 20 DOOR HANDLES; 21 (IV) ALL INTERIOR HINGED DOORS WITH LANDINGS TO BE A MINIMUM OF THIR- 22 TY-SIX INCHES WIDE (THIRTY-TWO INCH INTERNAL CLEARANCE) WITH NO MORE 23 THAN ONE-QUARTER INCH BEVELED THRESHOLDS AND EQUIPPED OR EASILY REFITTED 24 WITH LEVER-TYPE DOOR HANDLES; 25 (V) ONE DEDICATED POWER SOURCE AT ALL INTERIOR STAIRS LEADING TO HABI- 26 TABLE SPACE FOR POSSIBLE FUTURE CHAIR LIFT INSTALLATION; AND 27 (VI) AN ACCESSIBLE ROUTE CONNECTING THE ACCESSIBLE ENTRANCEWAY WITH 28 ALL ACCESSIBLE DWELLING SPACE, INCLUDING THE ACCESSIBLE POWDER ROOM, 29 BATHROOM, KITCHEN, FLEX ROOM OR BEDROOM AND OTHER COMMON USE ROOMS ON 30 THE ACCESSIBLE LEVEL OF THE DWELLING. 31 B. ACCESSIBLE BEDROOM OR FLEX ROOM ON THE GROUND/FIRST FLOOR OF DWELL- 32 ING. THIS REQUIRES: 33 (I) ONE ACCESSIBLE BEDROOM ON THE GROUND/FIRST FLOOR; OR 34 (II) ONE FLEX ROOM ON THE GROUND/FIRST FLOOR. A FLOOR PLAN DESIGN 35 SHALL DEMONSTRATE HOW A COMMON USE ROOM CAN BE CONVERTED INTO A PRIVATE 36 BEDROOM WITHOUT DEMOLITION, EXCEPT FOR THAT WHICH IS REQUIRED FOR 37 INSTALLATION OF A DOOR IN AN EXISTING WALL OPENING. 38 C. ACCESSIBLE OR ADAPTABLE KITCHEN. THIS REQUIRES: 39 (I) ONE ACCESSIBLE OR ADAPTABLE KITCHEN; OR 40 (II) AS DEFINED BY THE BUILDING OFFICIAL, A KITCHEN THAT PROVIDES 41 ADEQUATE WHEELCHAIR ACCESS AND CIRCULATION WITH ACCESSIBLE LIGHT, VENT, 42 OVEN AND STOVETOP CONTROLS AS WELL AS BREAKAWAY CABINETRY UNDER THE SINK 43 FOR EASE OF FUTURE MODIFICATION FOR WHEELCHAIR ACCESSIBILITY. 44 D. ACCESSIBLE BATHROOM OR ADAPTABLE POWDER ROOM ON THE GROUND/FIRST 45 FLOOR. THIS REQUIRES: 46 (I) AN INTERIOR SIXTY INCH CLEAR TURNING RADIUS; 47 (II) A WALL BLOCKING FOR FUTURE GRAB BARS; 48 (III) FAUCETS TO BE LEVER-TYPE AND PREFERABLY SINGLE LEVER OR ARE 49 EASILY REFITTED AS SUCH; AND 50 (IV) EITHER: 51 (A) A STEP-FREE TUB OR ROLL-IN SHOWER WITH WALL BLOCKING AND GRAB 52 BARS; OR 53 (B) SUFFICIENT SPACE FOR FUTURE ACCESSIBLE SHOWER OR ACCESSIBLE BATH 54 THAT DOES NOT ENCROACH ON THE REQUIRED SIXTY INCH TURNING RADIUS. 55 ADAPTABLE PLUMBING SHALL BE PROVIDED FOR THE FUTURE INSTALLATION OF A S. 6819 4 1 STEP-FREE TUB OR ROLL-IN SHOWER, BROUGHT TO THE FLOOR AND WALLS AND 2 CAPPED-OFF FOR FUTURE USE. 3 4. A. AN EXEMPTION FROM ANY SETBACK REQUIREMENTS SHALL BE GRANTED FOR 4 ANY ALTERATIONS, SUCH AS AMERICANS WITH DISABILITIES ACT-COMPLIANT 5 WHEELCHAIR RAMPS, FOR EXISTING DWELLINGS THAT PROVIDE ONE ACCESSIBLE 6 ENTRYWAY FOR PERSONS WITH QUALIFYING DISABILITIES. 7 B. SUCH EXEMPTION SHALL BE GRANTED ONLY WHEN THE BUILDING OFFICIAL 8 DETERMINES THAT NO PRACTICAL AND CONFORMING ACCESSIBLE PATHWAY TO ANY 9 ENTRYWAY EXISTS. 10 C. SUCH EXEMPTION SHALL NOT APPLY TO ANY HISTORIC AND/OR CULTURAL 11 PLACE OR PROPERTY OR ANY REGISTERED PROPERTY AS THOSE TERMS ARE DEFINED 12 BY SECTION SIXTY-ONE OF THE PUBLIC BUILDINGS LAW, OR ANY HISTORIC 13 DISTRICT AS DEFINED BY SECTION ONE HUNDRED NINETEEN-BB OF THE GENERAL 14 MUNICIPAL LAW; PROVIDED, HOWEVER THAT EXEMPTIONS FOR SUCH PROPERTIES MAY 15 BE AUTHORIZED BY THE BUILDING OFFICIAL UPON REVIEW AND APPROVAL OF THE 16 NEW YORK STATE COMMISSIONER OF PARKS, RECREATION AND HISTORIC PRESERVA- 17 TION. 18 5. EXEMPTIONS FROM CERTAIN DIMENSIONAL REGULATIONS AND LOT COVERAGE 19 RESTRICTIONS FOR THE MINIMUM ADDITIONAL LIVING AREA REQUIRED SHALL BE 20 GRANTED TO PROVIDE: 21 A. ONE ACCESSIBLE BATHROOM OR ADAPTABLE BATHROOM THAT IS ACCESSED FROM 22 THE ACCESSIBLE GROUND/FIRST FLOOR LIVING AREA AND FROM BOTH THE ACCESSI- 23 BLE ENTRYWAY OF THE DWELLING UNIT AND THE ACCESSIBLE INTERIOR ROUTE OF 24 TRAVEL; AND 25 B. ONE ACCESSIBLE BEDROOM OR FLEX ROOM WHICH IS ACCESSED FROM THE 26 ACCESSIBLE GROUND/FIRST FLOOR LIVING AREA AND FROM THE ACCESSIBLE ENTRY- 27 WAY OF THE DWELLING UNIT AND THE ACCESSIBLE INTERIOR ROUTE OF TRAVEL. 28 6. A. AN EXEMPTION OF FIFTY SQUARE FEET FROM DIMENSIONAL REQUIREMENTS 29 (INCLUDING BUILDING SETBACK REQUIREMENTS) AND LOT COVERAGE RESTRICTIONS 30 SHALL BE GRANTED FOR ANY LIVING AREA WHICH EQUALS THE DIFFERENCE BETWEEN 31 THAT WHICH IS NEEDED TO CONSTRUCT A MINIMUM SIZED POWDER ROOM AND AN 32 ADAPTABLE OR ACCESSIBLE BATHROOM. 33 B. AN EXEMPTION OF ONE HUNDRED SQUARE FEET FROM DIMENSIONAL REQUIRE- 34 MENTS (INCLUDING BUILDING SETBACK REQUIREMENTS) AND LOT COVERAGE 35 RESTRICTIONS SHALL BE GRANTED FOR THE CONSTRUCTION OF ANY ADDITIONAL 36 LIVING AREA ON THE GROUND/FIRST FLOOR THAT CAN BE IDENTIFIED BY THE 37 BUILDING OFFICIAL AS A 10'X10' ACCESSIBLE BEDROOM OR FLEX ROOM. THE 38 ACCESSIBLE BEDROOM OR FLEX ROOM SHALL NOT PRECLUDE THE CONTINUED USE OF 39 GROUND/FIRST FLOOR LIVING AREAS CUSTOMARILY KNOWN AS THE LIVING, DINING 40 OR KITCHEN COMMON USE AREAS. 41 C. TO QUALIFY FOR THE EXEMPTION SET FORTH IN PARAGRAPH B OF THIS 42 SUBDIVISION, APPLICANTS MUST APPLY CONCURRENTLY FOR THE EXEMPTION SET 43 FORTH IN PARAGRAPH A OF THIS SUBDIVISION. 44 D. PURSUANT TO THE EXEMPTIONS SET FORTH IN THIS SUBDIVISION, FRONT AND 45 REAR EXTERIOR WALLS MAY ENCROACH INTO MINIMUM BUILDING SETBACK LINES BY 46 A MAXIMUM OF FIVE FEET FOR A TOTAL OF ONE HUNDRED FIFTY SQUARE FEET WHEN 47 BOTH A GROUND FLOOR ACCESSIBLE BATHROOM AND FLEX ROOM ARE INCORPORATED 48 INTO THE PLAN DOCUMENTS AND APPROVED BY THE BUILDING OFFICIAL. 49 7. ANY EXEMPTIONS PROVIDED FOR IN THIS SECTION SHALL NOT BE APPLIED TO 50 ANY NEW OR SUBSTANTIALLY RENOVATED DWELLING UNITS THAT ARE OTHERWISE 51 REQUIRED TO BE ACCESSIBLE PURSUANT TO ANY OTHER NEW YORK STATE OR LOCAL 52 LAW OR REGULATION INCLUDING THE FAIR HOUSING ACT. 53 8. ANY EXEMPTIONS PROVIDED FOR IN THIS SECTION SHALL NOT BE APPLIED TO 54 BUILDING APPLICATIONS FOR DWELLING UNITS OVER TWO THOUSAND FOUR HUNDRED 55 SQUARE FEET. S. 6819 5 1 9. EXEMPTION FROM DIMENSIONAL AND LOT COVERAGE REQUIREMENTS SHALL NOT 2 APPLY TO PRE-EXISTING NON-CONFORMING DWELLING UNITS AND NON-CONFORMING 3 LOTS UNLESS AUTHORIZED BY THE LOCAL ZONING APPEALS OFFICER. SUCH APPLI- 4 CATIONS SHALL BE CONSIDERED WITHOUT CHARGE BY SUCH AGENT. 5 10. APPLICATION FEES MAY BE REDUCED FOR APPLICATIONS TO ALTER EXISTING 6 DWELLING UNITS THAT DEMONSTRATE TO THE SATISFACTION OF THE BUILDING 7 OFFICIAL THAT COMPLIANCE WITH THE FOUR REQUIREMENTS SET FORTH IN SUBDI- 8 VISION THREE OF THIS SECTION IS IMPRACTICABLE DUE TO CONSTRAINTS WHICH 9 ARE NOT SELF-IMPOSED. 10 S 3. This act shall take effect January 1, 2011; provided, however, 11 that effective immediately, the department of state may prescribe such 12 rules and regulations as may be necessary to carry out the purposes of 13 this act.