Title
RESOLUTION TO AMEND BUILDING CODE PROVISIONS OF THE WICHITA-SEDGWICK COUNTY UNIFIED BUILDING AND TRADE CODE AND TO ADD A PROVISION REGARDING STANDARDS FOR ACCESSIBILITY WITHIN THE SEDGWICK COUNTY JURISDICTION.
Presented by: Thomas Stolz, Director, Metropolitan Area Building and Construction Department (MABCD).
RECOMMENDED ACTION: Adopt the Resolution.
Body
Within the Building Code portion of the Wichita-Sedgwick County Unified Building and Trade Code (UBTC), there are currently provisions regarding design standards pertaining to accessibility for physically disabled persons. In some respects, the provisions of the accessibility requirements in the UBTC exceed the scope established by the Americans with Disabilities Act ("ADA"), effective within the city limits of the City of Wichita, the unincorporated area of Sedgwick County, and within any second and third class cities within the County that contract with Sedgwick County for code enforcement services.
The proposed resolution would modify the UBTC such that within the unincorporated area of Sedgwick County and within any second and third class cities in the County, any of the provisions that exceed the requirements of the ADA would not have to be met. The application of the UBTC accessibility provisions within the City of Wichita jurisdiction would not be modified by the proposed resolution and there is not a corresponding City of Wichita ordinance.
The proposed resolution would allow for simplification for builders, architects, and MABCD staff alike, as they would be able to operate under the ADA provisions, without the inclusion of separate requirements imposed by the UBTC. The requirements of the ADA would still apply to ensure that minimum accessibility standards would be met. The MABCD Board of Code Standards and Appeals, which advises upon building code matters, voted in favor of the resolution, whereas the Access Advisory Board, which advises upon accessibility related items, voted to recommend that the resolution not be adopted.
The proposed resolution would not in any way seek to modify the requirements of federal and state fair housing acts, which have different accessibility requirements that apply to a specific group of residences.
Alternatives: N/A
Financial Considerations: No financial impact to the County is anticipated as a result of the adoption of this resolution.
Legal Considerations: The County has the authority to adopt this resolution pursuant to K.S.A. 19-101 et seq. Approval is by simple majority vote.
Policy Considerations: N/A
Outside Attendees: None
Multimedia Presentation: N/A