Memphis Visitability Directive

WHEREAS, no statutory requirements presently exist on a state or local level to require that new single-family, duplex or triplex dwellings be constructed to provide accessible housing for disabled persons; and

WHEREAS, people with disabilities and their immediate families are often isolated into their own homes because the homes of most of their acquaintances contain insurmountable barriers, and often experience difficulty in finding a suitable house to rent or buy; and

WHEREAS, certain features in construction make new houses visitable, and in many cases livable, for persons with disabilities.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MEMPHIS, TENNESSEE, as follows:

AN ORDINANCE ADDING A NEW SECTION TO THE CITY OF MEMPHIS HOUSING CODE: Chapter 48, Article IX, BARRIER FREE REQUIREMENTS WHERE FUNDING OR ASSISTANCE FROM PUBLIC FUNDS IS RECEIVED.

SECTION 48-209: Statement of Intent.

The provisions of this ordinance are specifically enacted to further the policy of the city of Memphis to provide that new single-family, duplexes and triplexes which are constructed with public funds, as herein described, be provided with design features to provide accessibility and usability for physically disabled people.

The purpose of this ordinance is to specially promulgate certain standards, which may be less restrictive than ANSI A117.1 while economically providing solutions to accessibility.

SECTION 48-210: Applicability.

The following regulations shall be applicable to new, single-family dwellings, duplexes, and triplexes, which receive city assistance. For purposes of this (code section) "city assistance" shall mean funding or assistance from the City of Memphis, or any agent thereof, through any of the following means: (I) receipt of a building contract or similar contractual agreement involving any city-funded program or fund, including but not limited to the Urban Residential Finance Authority (URFA), the Housing Trust Fund, or similar programs; (ii) real estate purchased, leased or donated from the City of Memphis or any agency thereof, (iii) receipt of preferential tax treatment, bond assistance, mortgage assistance, or similar financial advantages derived from the City of Memphis, or any agency thereof; (iv) dispersal under city auspices of any Federal or State construction funds such as CDBG; or (v) receipt of any other funding or financial benefit from the city of Memphis or any agency thereof.

SECTION 48-211: Design Requirements.

The following design requirements shall apply:

Requirement 1: Building Entrances.
Applicable dwelling units shall be designed and constructed to have at least one building entrance on an accessible route served by a ramp complying with ANSI A117.1-1986, Section 4.8, having a maximum slope not to exceed twelve (1:12), unless it is impractical to do so because of terrain or unusual characteristics of the sight.

Such building entrance doors shall comply with ANSI A117.1, 4.13, and shall have a minimum clear opening of 32 inches. Any entrance at the front, side or back is acceptable as long as it is served by an accessible route such as a garage or sidewalk.

Requirement 2: Interior door criteria.
All dwelling units, whether or not on an accessible route, shall be designed in such a manner that all the doors designed to allow passage into and within all premises are sufficiently wide to allow passage by persons in wheelchairs. Lever hardware is required. Doors, except those serving closets less than 15 feet square in area, within individual dwelling units intended for user passage must provide minimum 32" clear opening. A 2' 10" door or standard 6' 0" sliding patio door assembly is deemed sufficient to comply with this requirement, provided however, compliance with ANSI Section 4.13.6 (Maneuvering Clearance at Doors) shall not be mandatory.

Requirement 3: Accessible routes into and through the dwelling unit.
An accessible route shall be designed and constructed in such a manner that a 36" wide level route, except at doors, must be provided through the main floor of the unit with ramped or beveled changes at door thresholds.

Requirement 4: Wall reinforcement in bathroom.
Reinforcement in the walls shall be provided at designated locations as specified by ANSI A 117.1, Section 4.24, Section 4.32, figure 48 and figure 49 so that grab bars may be installed, if needed, at a later date without the necessity of removing portions of the existing wall.

Requirement 5: Light switches, electrical outlets, thermostats and other environmental controls.
All applicable dwelling units shall be designed and constructed in such a manner that all premises contain light switches, electrical outlets, thermostats and other controls in accessible locations.

Controls shall meet the requirements of ANSI A117.1, Section 4.25. Where multiple controls serve the same elements (e.g., two remote switches for a light) only one need be accessible.

SECTION 48-212: Contracts.

The provisions of this (code section) shall be incorporated in all city of Memphis contracts.

SECTION 48-213: Waiver of Exterior Disability Accessibility Regulations.

The requirements of Section 48-211 Requirement 1 (Building Entrances) herein may be waived by the Director of Housing and Community Development, through the issuance of an "Exterior Disability Accessibility Waiver".

A person requesting said waiver shall file an application for disability accessibility waiver with the Director, including all documents necessary to prove the existence of the exemption standard herein. The application shall demonstrate that typographical conditions on the sight render it impossible to comply with the provisions of said section.

If the application so demonstrates, the Director shall issue an Exterior Disability Accessibility Waiver to the applicant, in writing, within ten (10) days of receipt of a completed application, which shall become an official component of any issued contract. The Director shall retain a copy of said waiver in the Department's official records.

SECTION 48-214:

All ordinances or parts of ordinances in conflict with this ordinance are hereby repeal to the extent of said conflict.

SECTION 48-215:

This ordinance shall become effective immediately upon approval by the Mayor or upon becoming law without approval.