Facilitator: Dawn Peterson
Attendees:
Don Grove, Iowa Civil Rights Commission
Chris Jorgensen, Bloodgood Sharp, Buster, 400 Locust #265
Alison Radl, Iowa Civil Rights Commission
Becky Harker, Governor's DD Council, 617 East 2nd Street
Heather Roberts, Iowa League of Cities, 317 Sixth Ave., Ste. 1400
Tom Hand, Polk County Government, 111 Court St. DM 50309
Mike Myers, Regency Builders, 2530 73rdm Urbandale
Katherine Curry, State Building Code Office
Carol Leach, Iowa Civil Rights Commission
Is there a problem?
Lack of education & awareness - problem from inspector's perspective
From Builder's perspective there is a problem of awareness
Architects are unsure the plans need to be reviewed
Difference between adaptability and accessibility
People with disabilities have similar problems in terms of awareness
Lack of responsibility - there should be checkoffs, done timely
Builders, particularly small builders, and designers need to know what is required
No enforcement for Fair Housing Standards
People want to comply
Education to get word out re: what requirement are, what statutes apply
Need education for city officials
I. Enforcement
II. Education/Awareness
Engineers
Architects
Planners
People with disabilities
Elderly
* Talk about laws and 2001 testing
III. Testing - 2001
Future Steps
Katherine - They see a problem, lack of education and awareness.
Mike - There is a problem with awareness. Mentioned the review of his property (Bloodgood did the plan). Only problem found was a switch, which had been move above the mantel.
In the past they had a lot of questions on the fine points of what complies. They are the biggest builder in Iowa.
Katherine - Architects do not know about the review requirement.
Mike - There are questions about the difference between adaptable versus accessible design and which is required. There is a shortage of awareness.
Becky - Persons with disabilities have questions. Often they are new to living in the community and living independently. There are blanket standards as far as accessibility but there is a range of disabilities and needs.
Tom - The City of Des Moines won't enforce the ADA. Often builders get to the construction stage and have problems. Timely turnaround of plan review is needed.
Katherine - They have a huge backlog. They are down one staff member.
Tom - The City of Des Moines has an educated staff in their Building Code office. The slow plan review has driven developers out of Des Moines to the suburbs. They were taking 6 months to review plans.
Mike - 1989 to 1990. They were having difficulties getting home plans reviewed in 4 week from Des Moines so they quit building in Des Moines until a year and a half ago when they bought Midland Builders.
Mike - 1998 they sold 610 new homes. Built a 276 unit complex. They build townhomes, apartments, and single family homes.
Chris - Has worked on buildings across the country but has not worked with multifamily housing in Iowa.
He is familiar with FHA guidelines.
Suggested that local building code offices inform builders of the review requirements.
Chris wasn't aware of the review requirement.
Katherine - Iowa Building Code looks at adaptability.
Chris - No one is reminding builders that they have to comply.
Tom - The law has bark but no bite. Need enforcement when plans are submitted.
Thinks owners should be responsible for violations not architects.
Katherine - Some plans are totally not in compliance.
Mike - Lack of compliance due to ignorance. Not the cost. Cost of complying minimal according to the handouts.
Carol - ADA does not apply to residential housing.
Chris - Education should be conducted to inform builders etc. of the laws at the state and federal level. No one is enforcing the Fair Housing Act.
Heather - Educate city officials who issue the building permits. City officials are fighting to keep development in their communities. The review process turn around time is important to them.
Problem is awareness.
Tom - Lack of responsibility to enforce.
Katherine - Need funds to enforce the accessibility requirements.
Tom - Everything needs to be done timely.
Katherine - They have plans in the office that have been waiting for review since February.
Mike - Wants to see 2 week turn around.
Katherine - Review takes places after first occupancy sometimes.
Tom - Asked how the building code office knows if someone hasn't submitted plans for review but proceeds to build.
Katherine - They don't. Fire inspectors go out locally.
Mike - Lots of properties aren't inspected. Builders think that once they have their building permit they are OK.
Tom - Officials not going in. Local officials say they aren't the authority to review plans but don't tell builders where to go.
Chris - Lawsuits are the final determination of compliance. There is no one to say you are in compliance with the Fair Hosing Act ahead of time. Maybe people in the state can do this.
[Discussion about accessible versus adaptable.]
Mike - No one is responsible, no one is enforcing the accessibility requirements.
There are a lack of test cases. Builders think they are fine if they do not get complaints.
Katherine - All units in an elevator building must be adaptable. All units on an accessible route [buildings without and elevator] must be adaptable.
Katherine - The group asked the number of plans being submitted a month. Katherine stated that is varied depending on the time of year. They have 20 waiting for review currently. This year they received 800. She guesses the number would double if all plan were submitted.
Enforcement
Tom - Someone should be designated and funded to enforce the requirements before education is done. Get one stop shopping in place. One place to do plan review. Local folks - fund and educate them to do it properly.
Mike - Each city responsible for their own.
Katherine - Only 57 communities have adopted a building code. The rest don't have a department to enforce the requirements. Come to the state on their own.
Mike - The situation used to exist that if you built property between Adel and Wauke in Dallas County no one conducted inspections.
Building developers feel that once you get a building permit you are approved by the inspection process. He doesn't think you should get a building permit if you are not complying.
Becky - Need awareness. Might be a question of enforcing something there appears to be no need for.
Katherine - How do we document the need?
Mike - Questioned the need. They have 1500 units and no disabled tenants.
Katherine - Inform people with disabilities of the requirements. Dave Churchill attended a meeting recently and spoke with some folks from Illinois. They have a different approach to enforcement. Some people issue citations and fines.
Chris - Other states have different requirements. NJ state driven review more restrictive accessibility requirements. Some states just enforce coeds ignore the FHA.
Becky - States that doing well focus on the big picture - housing, employment, transportation and health. Iowa City has more housing units for persons with disabilities because health, transportation, and employment are tied together.
Heather - If mandate to city officials their organization will not support it if not funded.
Mentioned ICRC survey
Katherine - Would like a copy. They want to rewrite the code next summer. What our group comes up with could impact the changes.
Becky - Question are we going for total compliance. Thought we could start off with a grassroots effort first.
Mike - Mentioned requirement for fire egress window for all new homes regardless of whether the basement is finished. College kids were living in a basement in Colorado and there was a fire. Cost an extra $1500 for new homes. Overkill.
Mike - If there was a need and noncompliance we would have complaints. If no complaints then no need or no non-compliance.
Becky - Persons with disabilities have trouble getting employment so they can afford accessible housing. Some people are no aware of their rights.
Mike - The law exists. Non on can guarantee compliance but judges.
Katherine - Not talked about fines. Would be interested in researching what other states are doing.
Mike - Be more proactive that that. If complaints are lodged the owner should have the opportunity to make changes before being punished.
Katherine and Becky agreed.
Grove - Don't wait for complaints. Shouldn't have to complain and wait for changes. Shouldn't have the responsibility placed on the person with the disability.
Becky - Concerned that persons with disabilities take the rap for our enforcement.
Heather - Builder association - education movement inform builders that it is cheaper to build correct the first time then make changes later.
Mike - Professionals in business want to comply but need someone to approve plans stand up to later court review.
Education / Awareness
Becky - Why ICRC doing something now?
Dawn Peterson - Don - Funds and resources available now.
Mike - Continuing education classes for architects, engineers and other professionals.
Becky - People with disabilities need to interact with builders etc.
Dawn Peterson - Better to do conference or individual groups?
Katherine - Feels it is better to address individual audiences rather than do one big conference.
Mike - Home builders won't go unless really need to.
Becky - people with disabilities have difficulty traveling. Need alternate formats.
Mike - Video that could be bought and shown.
Carol - Mentioned HUD's video.
Becky - Need a video that is accessible. Persons with disabilities may only need to know a couple of issues.
Chris - AIA annual conference, other conferences address accessibility issues. They had one last year that talked about the ADA.
Will have to have one that will entice architects to come.
Katherine - Based on her experience in firms she doesn't think architects will take the time to watch a video either because they are busy or they think they know all they need to know.
Chris - Hit other designers not just architects. There are designers which are not part of associations.
Katherine - CEU's motivation for attending training.
Chris - CEU's can be any topic. Need enforcement to meet requirement need process laid out.
Katherine - They send review letters out but no one checks up after the review letters go out.
Don talked about testing.
Katherine - Liked testing as an encouragement for compliance.
Becky - Awareness thing for understanding. Why require compliance. Testing could be a motivating.
Katherine - Do testing and education.
Dawn Peterson - What are the best communication options.
Katherine - Mailing.
Mike - Missing an issue. Thinks people like John Ruan won't come to training. Wants to hire someone to be accountable and then not worry about it. Want a government agency to review and OK plans.
Chris - Wants feedback before construction. It is hard to build compliant. Wants someone to say yes it is compliant.
Katherine - The recommend submission of preliminary plans. Mentioned that as the population ages many people will want to age in place.
Becky - What do we want? Why compliance?
Becky - policy. Does the law need to be changed.
Katherine - Start comparing laws.
Chris - Is there something at the fed level working to provide uniform code language.
Dawn Peterson - Reviewed her notes.
Katherine - Added consequence for non compliance if changes not made
Dawn Peterson - Asked about trade magazines and newsletters being part of the education effort.
Katherine - If we do mailing mention testing too. Offer a list of workshops. Mentioned that trade magazines are often not read.
Chris - Direct mailing
Becky - e-mail
Katherine - Newspapers - local education
Becky - They do human interest things in local papers.
News programs
Katherine - Mentioned she knows an attorney who may be interested in being part of our group.
Future steps
Becky - they are working on a state plan
Don - ICRC and Building Code working together
Becky - Work with persons with disabilities, Protection and Advocacy and Department of Elder Affairs
Katherine - Wants to share the info from this meeting with Roy and Dave. Would like to meet again.
Mike - Cliff notes version of the rules. Pick the strictest requirement for each area. The bottom line of what it takes to be in compliance.
Becky - a practical guide. A guide aimed at consumers. Let consumers know what is required and what they can do if they run into problems.
Don - Work on how to present our material.
Next meeting 2-10-99 from 9 a.m. to 11 a.m.
Don - asked Katherine for feasibility study on enforcement.
Suggested asking Sally Peterson the new Lt. Governor to participate.