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An Ordinance of the County of Allegheny establishing a “Visitability Design Tax Credit” and providing for the administration of such tax credit.
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Whereas, no federal, state or local law, ordinance or regulation presently requires new residential housing or renovated residential housing to install “Visitable” features for Persons with and without disabilities; and
Whereas, people with disabilities and their immediate families often remain isolated because of insurmountable physical barriers in their homes and at the homes of their friends, family and acquaintances; and
Whereas, people with disabilities often experience difficulty in locating a home to rent or buy that meets their needs; and
Whereas, certain features in construction can make new houses “Visitable,” and in many cases livable, and that encouraging homeowners of newly built and renovated houses to meet at minimum standards of visitability will allow people with disabilities more freedom to visit other homes and to find a home for themselves to rent or buy; and
Whereas, Allegheny County has the second highest concentration of seniors, per capita, of any metropolitan area in the United States having a population of more than one million, and as people age, many become challenged by the physical barriers of their home, and many seniors cannot get out of their homes without assistance to seek medical care or to attend to their daily living needs, which creates a serious threat to public health, and a heavy cost of social services provided by the County and other agencies; and
Whereas, installing “visitability” features in newly constructed or renovated residential housing is far more cost effective than making necessary accessibility modifications at a later time; and
Whereas, the added cost of providing these “visitability” standards is minimal and is far outweighed by the public good they have the potential to provide; and
Whereas, Governor Rendell recently signed SB 1158, which permits Pennsylvania counties, municipalities and school districts to create a tax credit to encourage property owners to include “visitability” design features on their properties; and
Whereas the Chief Executive and County Council are of the considered opinion that providing for a “Visitability Design Tax Credit” for a one-time application toward County real estate taxes would promote the general welfare and enhance the quality of life in Allegheny County and in many cases reduce the cost of providing other social services.
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1. Incorporation of the Preamble.
The provisions set forth in the Preamble to this Ordinance are incorporated by reference in their entirety herein
SECTION 2. Definitions.
“Circulation Path” - An exterior or interior way of passage from one place to another for pedestrians.
“Dwelling” - A structure used as a place of habitation by a Person. The term shall include, without limitation, new residential construction, existing residential construction or any commercial or industrial building that is converted for residential use, as well as single-family homes, duplexes, tri-plexes, town houses, row houses, condominiums, co-ops and apartments.
“Eligible Property Owner” - A Person responsible for the payment of taxes on a Dwelling.
“No-Step Entry” - An entry to a housing unit that has no steps or other barrier to people who have Significant Mobility Impairment.
“Pedestrian Site Arrival Point” - A place where pedestrians may enter a Dwelling site from a public right-of-way including without limitation sidewalks, driveways, streets, alleys and paths.
“Person” - A natural person.
“Powder Room” - A toileting room having at a minimum, a water closet and a lavatory.
“Significant Mobility Impairment” - The disability of a Person who needs assistive mobility technology in the form of a wheelchair, walker, crutches or a similar device in order to move along a Circulation Path.
“Visitable” - That certain condition of any building that make it accessible and usable for visitors and residents who have Significant Mobility Impairment.
“Visitability Design” - The presence of architectural design features which enhance access and usability for visitors and residents who have Significant Mobility Impairment and which minimize the cost of full accessibility modifications, if necessary, at a later time.
SECTION 3. Visitability and Design Standards.
(a) This Ordinance applies to new construction of, and substantial renovation to, Dwellings.
(b) General standards - The architectural design of a Visitable Dwelling shall comply
with all of the following requirements:
(1) The path from either a vehicle parking area or a pedestrian entrance to the lot to the non-step entrance shall be firm, stable and slip resistant.
(i) The grade of the path shall not exceed the following acceptable slopes: 1:8 for slope length of five feet or less with a maximum rise of 7.5 inches; 1:10 for slope length 12 feet or less with a maximum rise of 14.4 inches; and 1:12 for slope length more than 12 feet.
(ii) Notwithstanding subparagraph (i), if the average slope of the property line along and contiguous to the public right-of-way exceeds a slope of 1:12, the slope of the exterior Circulation Path may be greater, if necessary, to provide access to the No Step Entry, but it may not exceed the average slope of the property line.
(2) The Dwelling shall provide at least one no-step entrance approachable by a firm, stable and slip-resistant path with an acceptable slope. The no-step entrance shall have a threshold of no greater than three-fourths of an inch. The no-step entrance to the Dwelling may be located on any exterior side of the Dwelling or an entrance through the integral garage to the Visitable level of the residence.
(3) All No Step Entry doors must have a minimum clear open width of at least 32 inches and be equipped with level handle hardware.
(4) Interior Circulation Paths on the Visitable level of the Dwelling must be at least 36 inches in width.
(5) All interior doorways on the Visitable level of the Dwelling, excluding closets and doorways to floors below the Visitable level shall have a minimum clear open width of 32 inches.
(6) Each Dwelling shall have a minimum of one Powder Room or bathroom on the Visitable-level floor. The Power Room shall have a 30-inch by 48-inch minimum clear floor space contiguous to the water closet and the lavatory. The clear space under the lavatory may be included in these measurements and clear spaces contiguous to the water closet and lavatory may overlap. Plumbing fixtures and entry room doors accessing the Visitable Powder Room must be equipped with level-style hardware.
(7) (i) All bathrooms and Powder Rooms throughout the Dwelling
shall have enforcement of at least two inches by eight inches of
blocking between the studs placed inside the walls for easy installation of grab bars if needed. Reinforcement shall be capable of supporting grab bars that resist sheet and bending forces of 250 pounds or greater. Blocking should be centered at 34 inches from and parallel to the finished floor.
Notwithstanding subparagraph (i), in renovated Dwellings, only the walls in the Powder Room or bathrooms on the Visitable floor and those on floors that have the stud walls exposed as part of the renovation process need to comply with this paragraph.
(8) (i) Light switches may not be higher than 48 inches above the finished
floor of the Dwelling. If there are two controls for the same
light, only one need be in compliance with these standards.
Notwithstanding subparagraph (i), in renovated Dwellings only the switches on the Visitable floor need to comply with this paragraph unless the electrical renovations extend beyond the Visitable floor.
SECTION 4. Credit for Visitability Design.
(a) Eligible Property Owners of newly constructed or renovated Dwellings that contain Visitable Design features, as outlined herein, may apply for and receive a one-time tax credit against County real estate taxes assessed upon the eligible Dwelling in an amount of $2,500, or the total amount of the increased amount of property taxes owed during the first five (5) years from the time the Eligible Property Owner's application for the tax credit is approved, whichever amount is less. The credit established herein may be carried forward in future years against County real estate taxes until exhausted.
SECTION 5. Procedures for Obtaining Credit.
(a) The request for tax credit must be in writing on a form prescribed by the Office of Property Assessment, and made available by the Office of Property Assessment.
(b) Eligible Property Owners of newly constructed or renovated Dwellings that contain Visitable Design features, as outlined herein, shall file the application for the tax credit with the Office of Property Assessment within thirty days of receipt of the certificate of completion.
SECTION 6. Application of Tax Credit.
The Office of Property Assessment shall review the application for completeness, and, if properly made in accordance with this Section, shall apply the tax credit against County real estate taxes assessed upon the eligible Dwelling consistent with this Ordinance. Such tax credit shall be in addition to any other exemptions granted by applicable law. Tax credit applications processed after November 30 of the current year shall not take effect until January 1 of the year immediately following the next year.
Any tax credit granted under this Ordinance shall be limited to the assessed valuation attributable to the cost of the new construction or renovation.
The credit shall not exceed $2500, or the total amount of the increased amount of property taxes owed during the first five years from when the tax credit is approved, whichever is less.
SECTION 7. Reporting on Impact.
The Office of Property Assessment shall submit an annual report to the County Manager outlining both the cost and effectiveness of this tax credit on Visitable Dwellings.
SECTION 8. Severability. If any provision of the Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall continue in full force and effect.
SECTION 9. Repealer. Any ordinance or any part of an Ordinance conflicting with the provisions of this Ordinance is hereby repealed to the extent of such conflict.
SUMMARY OF LEGISLATION
This Ordinance will create a one-time tax credit of $2,500 against County real estate taxes for any Dwelling that has incorporated “Visitable Design” features. The tax credit program has been authorized by the passage of Senate Bill 1158, which Governor Rendell recently signed into law.