STATE OF NEW YORK
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5398
2013-2014 Regular Sessions
IN ASSEMBLY
February 25, 2013
___________
Introduced by M. of A. MILLMAN -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the real property law, in relation to the visitability
of new homes by persons with disabilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The real property law is amended by adding a new article 16
2 to read as follows:
3 ARTICLE 16
4 VISITABILITY OF NEW CONSTRUCTION
5 Section 480. Purpose.
6 481. Applicability of new construction.
7 482. Visitability requirement.
8 483. Exclusion.
9 484. Enforcement.
10 § 480. Purpose. The purpose of this article is to establish minimum
11 regulations for the design and construction of new homes to provide
12 visitability to such homes by persons with disabilities.
13 § 481. Applicability of new construction. Any new dwelling unit which
14 was designed, constructed, or commissioned, contracted or otherwise
15 arranged for design or construction, by any person or entity who, at any
16 time during the commissioning design or construction, received New York
17 state or federal financial assistance for such design or construction
18 shall comply with the provisions of this article. Federal financial
19 assistance shall not include loans backed by federal national mortgage
20 association (Fannie Mae) or federal housing administration (FHA) financ-
21 ing or other mortgage loans backed by a federal mortgage loan program.
22 For purposes of this section, the term "dwelling unit" shall mean a
23 detached single family home, a ground floor unit in a town house or a
24 ground floor unit in a multi-level dwelling unit, or a ground floor unit
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01793-02-3
A. 5398 2
1 in a building of three or fewer dwelling units which is designed as, or
2 intended for occupancy as a residence.
3 § 482. Visitability requirement. The design and construction of a new
4 dwelling unit shall comply with the following requirements:
5 1. Accessible entrance. (a) Except as provided in paragraph (b) of
6 this subdivision, the ground level of such dwelling unit shall contain
7 at least one entrance to the dwelling unit that:
8 (i) is accessible to, and usable by, people with disabilities such
9 that all rooms on the level are connected by an accessible route;
10 (ii) does not contain any steps or any door threshold that exceeds
11 one-half inch in height; and
12 (iii) is located on a continuous unobstructed path from the public
13 street or driveway that serves the unit, which path at no point has a
14 slope exceeding one inch in rise for every twelve inches in length, has
15 a width of not less than thirty-six inches and has a cross slope not
16 greater than two percent of the width. Such unobstructed path shall be
17 able to be negotiated by a person and may include curb ramps, parking
18 access aisles, walks, and ramps.
19 (b) The provisions of paragraph (a) of this subdivision shall not
20 apply to a dwelling unit if:
21 (i) the finished grade of the site is too steep to provide a path
22 having a slope of one inch in rise for every twelve inches in length at
23 the front, side, or back of the unit;
24 (ii) there is no driveway serving the unit; and
25 (iii) there is no alley or other roadway capable of providing vehicu-
26 lar access to the rear or side of the unit.
27 2. Accessible interior doors. All doors that are designed to allow
28 passage within the ground level of such dwelling unit shall have an
29 unobstructed opening of at least thirty-six inches when the door is open
30 at a ninety-degree angle.
31 3. Accessible environmental controls. All environmental controls and
32 outlets located on the ground level of such dwelling unit shall be
33 located on the wall at least fifteen inches, but not more than forty-
34 eight inches, above the floor or, in the case of environmental controls
35 and outlets located directly above a counter, sink, or appliance, not
36 more than three inches above such counter, sink, or appliance.
37 4. Accessible habitable space and bathroom. The ground level of such
38 dwelling unit shall contain the following:
39 (a) At least one indoor room that has an area of not less than seventy
40 square feet and contains no side or dimension narrower than seven feet;
41 and
42 (b) At least one bathroom that contains, at a minimum, the following:
43 (i) clear floor space of thirty by forty-eight inches centered on and
44 contiguous to the sink, which is not encroached by the swing path of the
45 bathroom door;
46 (ii) a sink and a toilet that each allow for a parallel or head-on
47 approach by a person in a wheelchair; and
48 (iii) walls that are reinforced to be capable of supporting grab bars
49 that resist shear and bending forces of a minimum of two hundred fifty
50 pounds, as follows:
51 (A) All walls adjacent to the toilet shall have horizontal backing
52 reinforcements, each at least thirty-three inches, but not more than
53 thirty-six inches, above the floor, and sufficient to allow for a twen-
54 ty-four-inch grab bar on the wall behind the toilet and another forty-
55 two-inch grab bar on one or the other walls adjacent to the toilet.
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1 (B) If a bathtub is present in the bathroom, such reinforcements shall
2 include:
3 (I) two backing reinforcements on the back wall of the bathtub, each
4 at least twenty-four inches long, at least twenty inches wide and not
5 more than twenty-four inches from the head end wall and not more than
6 twelve inches from the foot end wall, one in a horizontal position at
7 least thirty-three inches, but not more than thirty-six inches, above
8 the floor, and one nine inches above the rim of the bathtub;
9 (II) one backing reinforcement on the foot end wall of the bathtub, at
10 least twenty inches long, at least eighteen inches wide and located at
11 the front edge of the bathtub; and
12 (III) one backing reinforcement on the head end wall of the bathtub,
13 at least twelve inches long, at least eighteen inches wide and located
14 at the front edge of the bathtub.
15 (C) If a shower is present in the bathroom, such reinforcements shall
16 include backing reinforcements on at least two walls on which the
17 control valves are not located, each centered at least thirty-three
18 inches, but not more than thirty-six inches, above the floor and at
19 least eighteen inches wide.
20 § 483. Exclusion. This article shall not apply to sites whose physical
21 characteristics renders compliance with this article unreasonable.
22 § 484. Enforcement. Any person, firm, corporation, partnership or any
23 other business entity that violates any provision of this article shall
24 be subject to a civil penalty of not less than fifty nor more than five
25 hundred dollars for each such offense and each day on which such
26 violation occurs or continues to occur shall be a separate offense. Any
27 violation of this article shall be enforceable by the attorney general
28 and any aggrieved party, and any such party shall have the right to seek
29 legal and equitable relief and the court may award reasonable costs and
30 attorney's fees associated with such action.
31 § 2. This act shall take effect on the one hundred eightieth day after
32 it shall have become a law and shall apply to dwelling units for which
33 construction shall begin on or after such date.
