Covered Multifamily Dwellings; Building Entrance on Accessible Route Required; Applicable Standards and Specifications

  1. Law
  2. Georgia Code
  3. Handicapped Persons
  4. Access to and Use of Public Facilities by Persons With Disabilities
  5. Covered Multifamily Dwellings; Building Entrance on Accessible Route Required; Applicable Standards and Specifications

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  1. Covered multifamily dwellings constructed for first occupancy after March 31, 1993, shall be designed and constructed to have at least one building entrance on an accessible route unless it is impractical to do so because of the terrain or unusual characteristics of the site. For purposes of this Code section, a covered multifamily dwelling shall be deemed to be designed and constructed for first occupancy on or before March 31, 1993, if it is occupied by that date or if the last building permit or renewal thereof for the covered multifamily dwellings is issued by a local government on or before January 31, 1993. The burden of establishing impracticality because of terrain or unusual site characteristics shall be in accordance with the guidelines established under the federal Fair Housing Amendments Act of 1988, Public Law 100-430.
  2. All covered multifamily dwellings constructed for first occupancy after March 31, 1993, with a building entrance on an accessible route shall be designed and constructed:
    1. In such a manner that:
      1. The public and common use areas are readily accessible to and usable by persons with disabilities;
      2. All the doors designed to allow passage into and within all premises are sufficiently wide to allow passage by persons with disabilities in wheelchairs; and
      3. All premises within covered multifamily dwelling units contain the following features of adaptable design:
        1. An accessible route into and through the covered dwelling unit;
        2. Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
        3. Reinforcements in bathroom walls to allow later installation of grab bars around the toilet, tub, shower stall, and shower seat, where such facilities are provided; and
        4. Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space; or
    2. To conform to the appropriate standards and requirements of Code Sections 30-3-3 and 30-3-5.

(Code 1981, §30-3-3.1, enacted by Ga. L. 1992, p. 2461, § 3; Code 1981, §30-3-4, as redesignated by Ga. L. 1995, p. 1302, § 1.)

Editor's notes.

- Ga. L. 1995, p. 1302, § 1, effective July 1, 1995, redesignated former Code Section 30-3-4 as present Code Section 30-3-5.

U.S. Code.

- The reference to the federal Fair Housing Amendments Act of 1988, Public Law 100-430 in this Code section is codified at 28 U.S.C. § 2341, 2342; 42 U.S.C. §§ 3602, 3604, 3605, 3608, 3610-3614, 3614a-3616, 3617-3619.

OPINIONS OF THE ATTORNEY GENERAL

Cap on fully accessible or adaptable apartment units.

- Covered multifamily dwellings are not subject to the 2 percent cap on fully accessible or adaptable rental apartment complexes of 20 units or more as provided in O.C.G.A. § 30-3-2(8). 1997 Op. Att'y Gen. No. U97-24.


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