PRINTER'S NO. 1661
No. 1158 Session of 2006
INTRODUCED BY RHOADES, FERLO, TARTAGLIONE, BROWNE, PIPPY, BOSCOLA, FONTANA, O'PAKE, COSTA, LOGAN, PICCOLA, LEMMOND, WOZNIAK, ORIE, PUNT, GORDNER, LAVALLE, C. WILLIAMS, KITCHEN, STACK, REGOLA, ROBBINS AND GREENLEAF, MARCH 28, 2006
REFERRED TO LOCAL GOVERNMENT, MARCH 28, 2006
AN ACT 1 Providing for a tax credit to encourage property owners to 2 include visitability design features on their properties. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Short title. 6 This act shall be known and may be cited as the Residential 7 Visitability Design Tax Credit Act. 8 Section 2. Construction. 9 This act shall be construed to further authorize local taxing 10 authorities to provide special tax provisions for the benefit of 11 persons who have disabilities or other infirmities and to 12 establish minimum uniform design standards as authorized under 13 section 2(b)(ii) of Article VIII of the Constitution of 14 Pennsylvania. 15 Section 3. Definitions. 16 The following words and phrases when used in this act shall 17 have the meanings given to them in this section unless the
1 context clearly indicates otherwise: 2 "Acceptable slope." A variable grade measured by rise over 3 distance. 4 "Circulation path." An exterior or interior way of passage 5 from one place to another for pedestrians. 6 "Dwelling." A structure used as a place of habitation by a 7 natural person. The term shall include new residential 8 construction, existing residential construction or any 9 commercial or industrial building that is converted for 10 residential use. 11 "Eligible property owner." A person responsible for the 12 payment of taxes on a dwelling. 13 "Local taxing authority." A county, city, borough, 14 incorporated town, township, school district or home rule 15 municipality having authority to levy real property taxes. 16 "No-step entry." An entry to a housing unit that has no 17 steps or other barrier to people who have significant mobility 18 impairment. 19 "Pedestrian site arrival point." A place where pedestrians 20 may enter a dwelling site from a public right-of-way. The term 21 typically includes sidewalks, driveways, streets, alleys and 22 paths. 23 "Powder room." A toileting room having, at a minimum, a 24 water closet and a lavatory. 25 "Significant mobility impairment." The disability of a 26 person who needs assistive mobility technology in the form of a 27 wheelchair, walker, crutches or a similar device in order to 28 move along a circulation path. 29 "Visitability design." The presence of architectural design 30 features which enhance access and usability for visitors and 20060S1158B1661 - 2 -
1 residents who have significant mobility impairment and which 2 minimize the cost of full accessibility modifications, if 3 necessary, at a later time. 4 Section 4. Tax credit authorized. 5 (a) Authorization.--The governing body of a local taxing 6 authority which levies a tax on residential property is 7 authorized to and may, by ordinance or resolution, provide a 8 residential visitability design tax credit against a real 9 property tax levied on such property. The credit may be offered 10 to residential owners at the sole discretion of the local taxing 11 authority, so long as the uniform design standards contained in 12 this act are provided within the eligible residential units. 13 (b) Applicability.--The tax credit authorized under 14 subsection (a) shall be limited to any new or renovated dwelling 15 that contains visitability design features which will enhance 16 the usability of the dwelling for persons with significant 17 mobility impairment and which minimize the cost of full 18 accessibility modifications, if necessary, at a later time. 19 (c) Amount.--The amount of the tax credit shall be 20 determined by the governing body and shall not exceed $2,500, or 21 the total amount of the increased amount of property taxes owed 22 during the first five years from the time the tax credit is 23 approved, whichever is less. 24 (d) Administration.--The governing body shall determine the 25 form and manner in which any eligible property owner shall apply 26 for the credit and may adopt rules and regulations for the 27 approval and disapproval of applications. 28 Section 5. Design standards. 29 (a) General standards.--The architectural design of a 30 visitable home shall comply with all of the following 20060S1158B1661 - 3 -
1 requirements: 2 (1) The path from either a vehicle parking area or a 3 pedestrian entrance to the lot to the no-step entrance shall 4 be firm, stable and slip resistant. 5 (i) The grade of the path shall not exceed the 6 following acceptable slopes: 1:8 for slope length of five 7 feet or less with a maximum rise of 7.5 inches; 1:10 for 8 slope length 12 feet or less with a maximum rise of 14.4 9 inches; and 1:12 for slope length more than 12 feet. 10 (ii) Notwithstanding subparagraph (i), if the 11 average slope of the property line along and contiguous 12 to the public right-of-way exceeds a slope of 1:12, the 13 slope of the exterior circulation path may be greater, if 14 necessary, to provide access to the no-step entry, but it 15 may not exceed the average slope of the property line. 16 (2) The residence shall provide at least one no-step 17 entrance approachable by a firm, stable and slip-resistant 18 path with an acceptable slope. The no-step entrance shall 19 have a threshold of no greater than three-fourths of an inch. 20 The no-step entrance to the residence may be located on any 21 exterior side of the house or an entrance through the 22 integral garage to the visitable level of the residence. 23 (3) All no-step entry doors must have a minimum clear 24 open width of at least 32 inches and be equipped with lever 25 handle hardware. 26 (4) Interior circulation paths on the visitable level of 27 the dwelling must be at least 36 inches in width. 28 (5) All interior doorways on the visitable level of the 29 dwelling, excluding closets and doorways to floors below the 30 visitable level, shall have a minimum clear open width of 32 20060S1158B1661 - 4 -
1 inches. 2 (6) Each visitable dwelling shall have a minimum of one 3 powder room or bathroom on the visitable-level floor. The 4 powder room shall have a 30-inch by 48-inch minimum clear 5 floor space contiguous to the water closet and the lavatory. 6 The clear space under the lavatory may be included in these 7 measurements, and clear spaces contiguous to the water closet 8 and lavatory may overlap. Plumbing fixtures and entry room 9 doors accessing the visitable powder room must be equipped 10 with lever-style hardware. 11 (7) (i) All bathrooms and powder rooms throughout the 12 residential unit shall have reinforcement of at least two 13 inches by eight inches of blocking between the studs 14 placed inside the walls for easy installation of grab 15 bars if needed. Reinforcement shall be capable of 16 supporting grab bars that resist shear and bending forces 17 of 250 pounds or greater. Blocking should be centered at 18 34 inches from and parallel to the finished floor. 19 (ii) Notwithstanding subparagraph (i), in renovated 20 homes, only the walls in powder rooms or bathrooms on the 21 visitable floor and those on floors that have the stud 22 walls exposed as part of the renovation process need to 23 comply with this paragraph. 24 (8) (i) Light switches may not be higher than 48 inches 25 above the finished floor of the residential unit. If 26 there are two controls for the same light, only one need 27 be in compliance with these standards. 28 (ii) Notwithstanding subparagraph (i), in renovated 29 homes only the switches on the visitable floor need to 30 comply with this paragraph unless the electrical 20060S1158B1661 - 5 -
1 renovations extend beyond the visitable floor. 2 (b) Modifications.--The design standards contained in this 3 section may not be modified or made mandatory, except as 4 provided by the act of November 10, 1999 (P.L.491, No.45), known 5 as the Pennsylvania Construction Code Act. 6 Section 6. Effective date. 7 This act shall take effect immediately. C2L72RLE/20060S1158B1661 - 6 -