HOUSE BILL No. 4138

 

February 1, 2005, Introduced by Reps. Wenke and Miller and referred to the Committee on Local Government and Urban Policy.

 

     A bill to provide for standards of accessibility for certain

 

publicly funded housing; and to provide for certain powers and

 

duties of certain state authorities.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"inclusive home design act".

 

     Sec. 2. As used in this act:

 

     (a) "Applicant" means 1 or more individuals, corporations,

 

nonprofit corporations, partnerships, associations, limited

 

liability companies, labor organizations, mutual corporations,

 

joint stock companies, trusts, unincorporated associations,

 

trustees, and entities formed under the state housing development

 

authority act of 1966, 1966 PA 346, MCL 125.1401 to 125.1499c.


 

     (b) "Authority" means the Michigan state housing development

 

authority created in the state housing development authority act of

 

1966, 1966 PA 346, MCL 125.1401 to 125.1499c.

 

     (c) "Environmental controls" means any switches or devices

 

that control or regulate lights, temperature, fans, doors, security

 

system features, or any other feature included in the new

 

construction of single-family residential real estate.

 

     (d) "Family residential real estate" means real property

 

located in this state, to be developed or constructed for

 

residential purposes and to be improved by a residential structure

 

intended for occupancy by a single family, 2 families, or 3

 

families and that is developed or constructed with benefits

 

received under the state housing development authority act of 1966,

 

1966 PA 346, MCL 125.1401 to 125.1499c.

 

     Sec. 3. Beginning January 1, 2006, all family residential real

 

property that is to be developed or constructed after December 31,

 

2005 and that is receiving benefits under the state housing

 

development authority act of 1966, 1966 PA 346, MCL 125.1401 to

 

125.1499c, shall be developed or constructed so that the family

 

residential real property complies with all of the following:

 

     (a) The property shall contain at least 1 entrance that is

 

accessible to and usable by people with disabilities that does not

 

contain any steps or a door threshold that is greater than 1/2 of

 

an inch in height. The entrance or door threshold shall open to a

 

pathway to the property that is accessible to and usable by people

 

with disabilities.

 

     (b) All doors are designed to allow passage through an


 

unobstructed opening of at least 32 inches when the door is open at

 

a 90-degree angle.

 

     (c) All hallways are designed to allow passage through an

 

unobstructed corridor of at least 36 inches.

 

     (d) Each bathroom wall for each bathroom on the entry level of

 

the house is reinforced for potential installation of grab bars.

 

The reinforcements shall be for grab bars to be mounted in a

 

horizontal position 33 inches minimum and 36 inches maximum above

 

the floor. The authority shall require compliance with the

 

accessibility provisions of the Michigan building code adopted

 

under the Stille-DeRossett-Hale single state construction code act,

 

1972 PA 230, MCL 125.1501 to 125.1531.

 

     (e) At least 1 bathroom located on the entry level of the

 

house that contains clear floor space of 30 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.

 

     (f) All environmental controls located on the entry level

 

shall be located on the wall at least 15 inches but not more than

 

48 inches above the floor.

 

     Sec. 4. (1) Each applicant for assistance from the authority

 

shall submit an assurance, on forms developed and provided by the

 

authority, that all family residential real estate to be developed

 

or constructed after December 31, 2005 with assistance provided by

 

the authority shall comply with this act.

 

     (2) Any recipient of funds provided by the authority who

 

designs, constructs, commissions, contracts, or otherwise arranges


 

for design or construction of family residential real estate shall

 

submit architectural and construction plans for the family

 

residential real estate to the authority for a determination of

 

compliance with this act. The authority shall not provide any funds

 

under any program administered by the authority to an applicant

 

unless the authority makes a determination, within 120 days after

 

submission, that the architectural and construction plans comply

 

with this act.