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HUD Recognizes IBC Code as Safe Harbor for Accessibility Compliance - 2/28/2005 - Attorney Lawyer Legal Building Codes Zoning

HUD Recognizes 2003 IBC Code as Safe Harbor for Accessibility Compliance

The U.S. Department of Housing and Urban Development has decided to recognize the 2003 edition of the International Building Code (IBC) as a safe harbor for compliance with the accessibility requirements of the federal Fair Housing Act.

“The best way to assure compliance with accessibility requirements and to increase the amount of accessible multifamily housing available is to incorporate the guidelines into state and local building codes,” said NAHB President David Wilson, who hailed the HUD decision as a major victory for multifamily builders, HUD and the disability community.

At the urging of NAHB, HUD initially endorsed the IBC as a safe harbor for federal accessibility compliance in 2000. Builders and their designers were earlier confused about how to comply with Fair Housing Act guidelines, because building codes did not include accessibility guidelines when the law took effect in 1988.

State and local governments use model building codes, which are developed by private organizations, including the International Code Council, as a basis for their own building and safety codes.

 
“Building inspectors for local governments issue construction and occupancy permits based on compliance with these codes,” said Wilson, noting that more than 40 states have adopted the IBC code that was endorsed by HUD as a fair housing safe harbor in 2000.

HUD’s latest endorsement of the IBC 2003 edition means that the process of adopting these codes at the local level can continue unabated.

“NAHB is very pleased to have been able to close this critical gap,” said Wilson. “This current endorsement, like its predecessor in 2000, will play an important role in increasing the nation’s inventory of accessible housing and assuring that anyone who wants an accessible unit can find one.”


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