[As Further Amended by Senate Committee of the Whole]
Session of 2000
Substitute for SENATE BILL No. 304
By Committee on Federal and State Affairs

10             AN  ACT establishing accessibility standards for certain dwellings.
12       Be it enacted by the Legislature of the State of Kansas:
13             Section  1. As used in this act:
14             (a) ``Dwelling'' means any single family residence and each individual
15       living unit in a duplex or triplex residential building which is constructed
16       or structurally remodeled or rehabilitated or reconstructed with public
17       financial assistance.
18             (b) ``Public financial assistance'' means:
19             (1) A building contract or similar contractual agreement with any
20       state agency;
21             (2) any real estate received by the owner through a donation by the
22       state;
23             (3) tax credits, exemptions or rebates;
24             (4) grant assistance from state funds;
25             (5) state loan guarantees; and
26             (6) federal funds administered by the state or a state agency.
27             Sec.  2. (a) Dwellings shall be designed and constructed to have at
28       least one accessible entrance on an accessible route. If the entrance is
29       served by a ramp, the ramp shall comply with American National Stan-
30       dards Institute (ANSI) A117.1, 4.8, or an equivalent standard which pro-
31       vides equal or greater accessibility. Such ramp shall have a maximum
32       slope not to exceed a ratio of one inch rise to every 12 inch horizontal
33       run.
34             (b) Accessible entrance doors shall comply with ANSI A117.1, 4.13,
35       and shall have a minimum clear opening of 32 inches. The accessible
36       entrance may be any entrance at the front, side, back or garage of the
37       dwelling that is served by an accessible route. If a patio door serves as an
38       accessible entrance, a standard six-foot sliding patio door assembly shall
39       be deemed to be sufficient to comply with the requirements of this
40       subsection.
41             (c) All doorways intended for passage into and within the dwelling
42       shall be sufficiently wide to allow passage by persons in wheelchairs. All
43       doors, except those serving closets less than 15 square feet in area, within


  1       the dwelling which are intended for user passage shall provide a minimum
  2       32-inch clear opening.
  3             (d) An accessible route within the dwelling shall be designed and
  4       constructed in such a manner that a 36-inch wide route is provided
  5       through the main floor of the dwelling with ramped or beveled changes
  6       at door thresholds.
  7             (e) Reinforcement in the walls shall be provided at locations specified
  8       by ANSI A117.1, 4.24 and 4.32, so that grab bars may be properly installed
  9       if needed at a later date.
10             (f) Dwellings shall be designed and constructed in such a manner
11       that all dwellings contain light switches, electrical outlets, thermostat con-
12       trols and other controls in accessible locations as specified by ANSI
13       A117.1, 4.25. If multiple controls serve the same elements, only one need
14       be accessible.
15             Sec.  3. (a) Except as provided by this act, the design and construction
16       of all new dwellings shall conform to the accessibility standards specified
17       in ANSI A117.1, 2.
18             (b) Except as provided by this act, the design, construction, remod-
19       eling, rehabilitation or reconstruction of existing dwellings shall not be
20       required to conform to the accessibility standards specified in ANSI
21       A117.1, 2.
22             Sec.  4. (a) Whenever a dwelling which was constructed prior to July
23       1, 2000, is reconstructed, rehabilitated or remodeled such reconstruction,
24       rehabilitation or remodeling shall:
25             (1) Include a no-step accessible entrance to the dwelling, if the pro-
26       posed work includes the structural remodeling or rehabilitation or recon-
27       struction of an entrance to the dwelling;
28             (2) provide interior doorways, including doorways to bathrooms,
29       which are sufficiently wide to allow passage by a person in a wheelchair,
30       if the proposed work includes the structural remodeling or rehabilitation
31       or reconstruction of such interior doorway;
32             (3) provide an accessible route through the main floor of the dwelling,
33       if the proposed work includes the structural remodeling or rehabilitation
34       or reconstruction of an interior route of such dwelling;
35             (4) provide for the reinforcement of bathroom walls so that grab bars
36       may be properly installed if needed at a later date, if the proposed work
37       includes the structural remodeling or rehabilitation or reconstruction of
38       walls of the bathroom at the bathtub, shower or water closet area; and
39             (5) provide that light switches, electrical outlets, thermostat controls
40       and other controls be in an accessible location, if such switch, outlet or
41       control is directly affected by structural remodeling or rehabilitation or
42       reconstruction of the dwelling.
43             (b) The phrase ``structural remodeling or rehabilitation or reconstruc-


  1       tion'' shall not include:
  2             (1) Replacement of roofs or gutters;
  3             (2) interior or exterior painting of a dwelling;
  4             (3) siding work on a dwelling;
  5             (4) repairing or altering plumbing;
  6             (5) weatherization measures;
  7             (6) installation of storm windows; or
  8             (7) other structural remodeling, rehabilitation or reconstruction work
  9       excluded pursuant to rules and regulations adopted under subsection (c).
10             (c) In addition to the improvements or modifications to dwellings
11       described in subsection (b), the secretary of administration may adopt
12       rules and regulations excluding other improvements or modifications
13       from the phrase ``structural remodeling, rehabilitation or reconstruction.''
14             Sec.  5. (a) Whenever public financial assistance for dwellings is avail-
15       able, information concerning the requirements of this act shall be in-
16       cluded in any notice or educational material regarding the availability of
17       such financial assistance. Prior to releasing funds to a person receiving
18       such financial assistance, the administrator of the program or other ap-
19       propriate officer or employee shall require the person who is to receive
20       such financial assistance to sign an affidavit of intent to comply with the
21       requirements of this act.
22             (b) Except as provided by section 6, and amendments thereto, any
23       person who accepts public financial assistance and fails to comply with
24       the requirements of this act shall be ineligible to receive public financial
25       assistance in the future.
26             Sec.  6. Upon application therefor, the secretary of the department
27       of administration may waive any requirement of this act. Applications for
28       a waiver shall be submitted to the secretary. [The secretary shall give
29       notice of all applications for waivers to the secretary of the depart-
30       ment of commerce and housing. The secretary of commerce and
31       housing may submit recommendations and comments concerning a
32       request for a waiver and the secretary of administration shall con-
33       sider any such recommendations or comments when granting or de-
34       nying a waiver.] If the secretary determines that compliance with any
35       requirement of this act is financially or environmentally impractical, the
36       secretary may waive such requirement. The secretary shall render a de-
37       cision regarding any application submitted pursuant to this section within
38       60 days of receipt thereof. [Notice of such decision shall be given to
39       the secretary of the department of commerce and housing.] The sec-
40       retary shall adopt any rules and regulations necessary for the implemen-
41       tation of this section.
42        [Unless otherwise provided by rules and regulations adopted by
43       the secretary of administration, proceedings to consider a waiver


  1       under this section shall be conducted in accordance with the pro-
  2       visions of the Kansas administrative procedures act.
  3             [Appeals from the decision of the secretary of administration shall
  4       be governed by the provisions of the act for judicial review and civil
  5       enforcement of agency actions.]
  6             Sec.  7. The provisions of this act shall not apply to any dwelling which
  7       is:
  8             (a) A private residence which is owner-occupied [or which is under
  9       contract for occupation by the owner];
10             (b) a private residence for which an individual tax credit or rebate is
11       received;
12             (c) a private residence which is financed with funds from the federal
13       housing administration, rural development programs administered by the
14       U.S. department of agriculture or under a single-family mortgage guar-
15       antee assistance program;
16             (d) a private residence for which rental vouchers or certificates under
17       42 U.S.C. § 1437 are accepted; or
18             (e) financed with public funds other than state or federal funds.
19        Sec.  8. This act shall take effect and be in force from and after its
20       publication in the statute book.[; or]
21        [(f) a dwelling the design or construction of which commenced
22       prior to July 1, 2000, as evidenced by (1) a payment for such design
23       or construction, (2) a contract for such design or construction or
24       (3) or other proof sufficient to the secretary of administration as
25       prescribed by rules and regulations.
26        [Sec.  8. This act shall take effect and be in force from and after
27       its publication in the statute book.]