INCLUSIVE HOME DESIGN ACT

House Bill 4138

Sponsor:  Rep. Lorence Wenke

Committee:  Local Government and Urban Policy

Complete to 3-13-06

A SUMMARY OF HOUSE BILL 4138 AS INTRODUCED 2-1-05

The bill would create a new act, the Inclusive Home Design Act, which would apply to "family residential real estate" developed or constructed with benefits from the Michigan State Housing Development Authority (MSHDA). 

The term "family residential real estate" would refer to residences intended for occupancy by a single family, two families, or three families.

Under the bill, such housing would have to comply with all of the following.

·                    The property would have to contain at least one entrance accessible to and usable by people with disabilities that does not contain any steps or a door threshold greater than one-half of an inch in height.  The entrance or door threshold must open to a pathway to the property accessible to and usable by people with disabilities.

·                    All doors would have to be designed to allow passage through an unobstructed opening of at least 32 inches when the door is open at a 90-degree angle.

·                    All hallways would have to be designed to allow a passage through an unobstructed corridor of at least 36 inches.

·                    Each bathroom wall for each bathroom on the entry level would have to be reinforced for potential installation of grab bars.  The reinforcements would be for grab bars to be mounted in a horizontal position 33 inches minimum and 36 inches maximum above the floor.  MSHDA would have to require compliance with the accessibility provisions of the Single State Construction Code Act.

·                    At least one bathroom located on the entry level of the house would have to contain clear floor space of 30 inches by 48 inches centered on and contiguous to the sink that is not encroached by the swing path of the bathroom door and a sink and a toilet that allow for a parallel or head-on approach by a person in a wheelchair.

·                    All environmental controls located on the entry level must be located on the wall at least 15 inches but not more than 48 inches above the floor.

Applicants for assistance from MSHDA would have to submit an assurance that all family residential real estate developed or constructed with MSHDA assistance complied with the new act.  A recipient of MSHDA funds who designs, constructs, commissions, contracts, or otherwise arranges for design or construction of family residential real estate would have to submit architectural and construction plans to MSHDA for a determination of compliance with the new act.  MSHDA could not provide funds to an applicant unless it had determined the plans complied with the act; the determination would have to be made within 120 days after submission.

FISCAL IMPACT:

There is no fiscal impact on the State of Michigan or its local units of government. Residential builders have stated these requirements will not increase their costs significantly.

                                                                                           Legislative Analyst:   Chris Couch

                                                                                                  Fiscal Analyst:   Richard Child

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.