2003 International Building Code meets FHA accessibility requirements

Architects, developers, builders and others who use the 2003 International Building Code (IBC) to design and construct multi-family housing can be confident they are in compliance with the Federal Fair Housing Act (FHA). The U.S. Department of Housing and Urban Development (HUD) has found that the IBC constitutes safe harbor for compliance with the FHA's accessibility requirements.

"When jurisdictions adopt and enforce the 2003 IBC, they help to ensure the availability of accessible housing," said International Code Council CEO James Lee Witt. "The safe harbor status granted to the IBC benefits persons with disabilities as well as architects, developers, builders, code officials and others involved with multi-family construction."

HUD's review of the IBC found the code meets or exceeds the seven design and construction requirements of the FHA. HUD also requires the International Code Council to publish the following statement: "ICC interprets Section 1104.1, and specifically, the Exception to Section 1104.1, to be read together with Section 1107.4, and that the Code requires an accessible pedestrian route from site arrival points to accessible building entrances, unless site impracticality applies. Exception 1 to Section 1107.4 is not applicable to site arrival points for any Type B dwelling units because site impracticality is addressed under Section 1107.7." The International Code Council will provide additional clarification on its Web site and in periodicals, code opinions, commentaries, training materials and other documents.

The International Code Council will continue to work with HUD through the code development process to ensure that the 2006 edition of the IBC also will comply with the design and construction requirements of the FHA.

The International Code Council, a membership association dedicated to building safety and fire prevention, develops the codes used to construct residential and commercial buildings, including homes and schools. Most U.S. cities, counties and states that adopt codes choose the International Codes developed by the International Code Council.

EDITORS' NOTE: The entire HUD report is available here.