Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 4 - Guidelines and Interpretations of Fair Housing Sections of the Missouri Human Rights Act › Section 8 CSR 60-4.025 - Design and Construction Requirements

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes accessibility
				  requirements in the design and construction of covered multifamily
				  dwellings.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. Therefore, the material which is so incorporated is on file with
				  the agency who filed this rule, and with the Office of the Secretary of State.
				  Any interested person may view this material at either agency's headquarters or
				  the same will be made available at the Office of the Secretary of State at a
				  cost not to exceed actual cost of copy reproduction. The entire text of the
				  rule is printed here. This note refers only to the incorporated by reference
				  material.
(1) Covered
				multifamily dwellings planned for first occupancy after March 13, 1991 shall be
				designed and constructed to have at least one (1) 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 section, a covered
				multifamily dwelling shall be deemed to be designed and constructed for first
				occupancy before March 14, 1991 if it is occupied before that date or if the
				last building permit or permit renewal for the covered multifamily dwellings is
				issued by a state, county or local government before January 14, 1990. The
				burden of establishing impracticality because of terrain or unusual site
				characteristics is on the person or persons who designed or constructed the
				housing facility.
(A) Example 1: A real estate
				developer plans to construct six (6) covered multifamily dwelling units on a
				site with a hilly terrain. Because a long and steep stairway is necessary in
				order to enter the dwellings and since there is no practical way to provide an
				accessible route to any of the dwellings, one need not be provided.
(B) Example 2: A real estate developer plans
				to construct a building consisting of ten (10) units of multifamily housing on
				a waterfront site that floods frequently. Because of this unusual
				characteristic of the site, the builder plans to construct the building on
				stilts. It is customary for housing in the geographic area where the site is
				located to be built on stilts. The housing lawfully may be constructed on the
				proposed site on stilts even though this means that there will be no practical
				way to provide an accessible route to the building entrance.
(C) Example 3: A real estate developer plans
				to construct a multifamily housing facility on a particular site. The developer
				would like the facility to be built on the site to contain as many units as
				possible. Because of the configuration and terrain of the site, it is possible
				to construct a building with one hundred five (105) units on the site, provided
				the site does not have an accessible route leading to the building entrance. It
				is also possible to construct a building on the site with an accessible route
				leading to the building entrance. However, this building would have no more
				than one hundred (100) dwelling units. The building to be constructed on the
				site must have a building entrance on an accessible route because it is not
				impractical to provide such an entrance because of the terrain or unusual
				characteristics of the site.