(a) It is unlawful to design and construct covered multifamily dwellings for first occupancy after March 13, 1991, that do not 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 section, covered multifamily dwellings shall be deemed to be designed and constructed for first occupancy on or before March 13, 1991, if they are occupied by that date or if the last building permit or renewal for the covered multifamily dwellings is issued by a state, county, or local government on or before January 13, 1990. The burden of establishing impracticality because of terrain or unusual site characteristics is on the person who designed or constructed the housing facility.
(b) It is unlawful to design and construct covered multifamily dwellings for first occupancy after March 13, 1991, with a building entrance on an accessible route that do not provide:
  (1) public and common use areas readily accessible to and usable by individuals with disabilities;
  (2) doors that are sufficiently wide to allow passage into and within the entire premises by individuals in wheelchairs; or
  (3) interior premises with the following features of adaptable design:
    (A) accessible routes into and through the covered dwelling unit;
    (B) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
    (C) 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
    (D) usable kitchens and bathrooms to allow an individual in a wheelchair to maneuver.
(c) Compliance with the appropriate requirements of ANSI A117.1 suffices to satisfy the requirements of subsection (b)(3) of this section.
(d) Compliance with a duly enacted law of a state or unit of general local government that includes the requirements of subsections (a) and (b) of this section satisfies the requirements of subsections (a) and (b) of this section.
(e) This section does not invalidate or limit the laws of a state or political subdivision of a state that require dwellings to be designed and constructed in a manner that affords individuals with disabilities greater access than is required by this section.

Source Note: The provisions of this §819.135 adopted to be effective September 27, 2005, 30 TexReg 6065