Amendment ASA1-AB629

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1995 - 1996 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, To 1995 ASSEMBLY BILL 629

February 15, 1996 - Offered by Representative Grothman.

AB629-ASA1,1,4 An Act to repeal 106.04 (2r) (d) and 106.04 (2r) (g) 3.; and to amend 106.04 (2r) (a) 4. a., 106.04 (2r) (a) 4. b., 106.04 (2r) (c) 1., 106.04 (2r) (c) 4., 106.04 (2r) (e) 1. and 106.04 (2r) (e) 2. of the statutes; relating to: accessibility to multifamily housing and granting rule-making authority.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB629-ASA1, s. 1 Section 1. 106.04 (2r) (a) 4. a. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB629-ASA1,1,9 106.04 (2r) (a) 4. a. Housing that is first ready for occupancy on or after October 1, 1993, consisting of 3 4 or more dwelling units if the housing has one or more elevators.

AB629-ASA1, s. 2 Section 2. 106.04 (2r) (a) 4. b. of the statutes is amended to read:

AB629-ASA1,1,13 106.04 (2r) (a) 4. b. Grade-level dwelling units, in housing without elevators, that are first ready for occupancy on or after October 1, 1993, consisting of 3 4 or more dwelling units.

AB629-ASA1, s. 3 Section 3. 106.04 (2r) (c) 1. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB629-ASA1,2,11 106.04 (2r) (c) 1. There is at least one accessible entrance for each building and that entrance is on an accessible route. All other entrances that are at grade level shall be accessible to the greatest extent feasible. The department shall promulgate rules that define "to the greatest extent feasible" to ensure maximum accessibility in a way that is not disproportionate to the entire project's cost and scope. If the covered multifamily housing units are at grade level and are served by separate entrances, each unit shall be on an accessible route. If the units have a minimum number of required exits, as determined by rules that shall be promulgated by the department, all required grade-level exits shall be accessible.

AB629-ASA1, s. 4 Section 4. 106.04 (2r) (c) 4. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB629-ASA1,2,22 106.04 (2r) (c) 4. Light switches, electrical outlets, circuit controls, thermostats and other environmental controls are all located in accessible locations; reinforcements in bathroom walls are installed to allow later installation of grab bars around the toilet, tub, shower stall and shower seat, when such facilities are provided; kitchens and bathrooms allow an individual in a wheelchair to maneuver about the space; and, upon the request of a renter and without cost to a at the expense of the renter, if the expense does not exceed market rates, lever door handles are on all doors and single lever controls, or other controls that are approved by the department by rule, are on all plumbing fixtures used by residents.

AB629-ASA1, s. 5 Section 5. 106.04 (2r) (d) of the statutes, as is affected by 1995 Wisconsin Act 27, is repealed.

AB629-ASA1, s. 6 Section 6. 106.04 (2r) (e) 1. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB629-ASA1,3,13 106.04 (2r) (e) 1. Plans and specifications for all covered multifamily housing subject to par. (c) and proposed remodeling subject to par. (d) shall be submitted to the department or its authorized representative for examination and approval before commencing work. The department shall promulgate rules that specify the materials to be included in the submittal, the procedures to be followed upon receipt of a submittal, reasonable time limitations for reviewing submittals and issuing or denying permits and qualifications for authorized representatives. Rules promulgated under this subdivision shall establish procedures by which permit applications may be approved during the initial review process despite nonconformance with par. (c) 1., if conformance would be impractical due to site terrain or other considerations.

AB629-ASA1, s. 7 Section 7. 106.04 (2r) (e) 2. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB629-ASA1,4,3 106.04 (2r) (e) 2. The department may grant a variance from the requirements relating to exterior accessibility under par. (c) 1. or (d), or from administrative rules promulgated under sub. (1s), if the person designing, or constructing or remodeling the housing shows that meeting those requirements is impractical because of the terrain or unusual characteristics of the site. The department shall use a slope analysis of the undisturbed site for covered multifamily housing under par. (c) or the existing site for remodeling under par. (d) to determine the minimum number of accessible entrances at each site, with a minimum goal of exterior accessibility of 50% 20% of the dwelling units of covered multifamily housing at one site. The department may impose specific conditions in granting a variance to promote exterior accessibility of the housing to persons with disabilities. If the department finds that exterior accessibility is impractical as to all dwelling units at a site, it may grant a waiver from the requirements under par. (c) 1. or (d).

AB629-ASA1, s. 8 Section 8. 106.04 (2r) (g) 3. of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.

AB629-ASA1, s. 9 Section 9. Effective date.

AB629-ASA1,4,8 (1) This act takes effect on July 1, 1996, or on the day after publication, whichever is later.

AB629-ASA1,4,9 (End)