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4~ o F h1 M1r •1060 1 DISABILITY AND COMMUNICATION ACCESS BOARD ~ 919 Ala Moana Boulevazd, Room 101 • Honolulu, Hawaii 96814 ya Ph. (808) 586-8121 (V/TDD) • Fax (808) 586-8129 hN~'M STAFF SUMMARY FOR THE DISABILITY AND COMMUNICATION ACCESS BOARD STANDING COMMITTEE ON FACILITY ACCESS MEETING OCTOBER 11, 2007 TOPIC: County of Hawaii Bill 151; AN ORDINANCE AMENDING CHAPTER 27, FLOOD CONTROL, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO FLOODPLAINS AND OTHER FLOOD HAZARD AREAS. BACKGROUND: Bill 151 establishes Zone X as a "flood hazard or flood prone" area and requires new construction within Zone X to be built either two-feet or one foot above the adjacent grade, depending upon the location, unless it can be shown that the property is not within aflood-prone area. DCAB received a request to review the County of Hawaii Bill 151, as there is concern that the bill will reduce accessibility for persons with disabilities to new homes built within Hawaii County. Bill 151 goes beyond the requirements in Bill 51 that establishes a Zone for "flood zone or plain" to conform to the requirements of the National Flood Insurance Program. Proponents of Bill 151 see the bill as a way to help prevent flooding in new developments. Disability advocates feel the bill will be a detriment to disabled residents. Their concem is not an ADA matter, per se, but rather concerns the topic of "visitability." The concept of "visitability" promotes the construction of single family homes to offer specific features that will make it possible for a person with a mobility impairment to live in or to visit a home. The specific features of a "visitable" home are: wide passage doors, ahalf--bath or powder room on the ground floor and at least one zero-step entrance to the home on an accessible route with a firm surface not exceeding a 1:12 slope from a driveway or public sidewalk. Other features which are recommended include: reinforced walls for the installation of grab bars, electrical controls and outlets located within accessible reach ranges, one full bath and one bedroom with maneuvering space on the main accessible level. ANALYSIS: The attached analysis discusses specific sections of the bill with regards to the definition of Zone X, the construction requirements for that Zone and variances. Although there is an `exemption', the exemption requires a property assessment at the cost of the developer. In the case of a single family home, the owner is usually the developer and will have to pay for the cost of the survey and analysis to show it is not required to raise the floor level of their new home, thereby adding more cost to the construction of new homes for individual property owners. If a homeowner elevates his or her own home because he or she does not currently have a disability, the homeowner is not only eliminating visitors but is also precluding the option to age in place when disability does occur later in life. In the case of amulti-family dwelling unit such as an apartment or condominium, the cost of the developer will be passed on to the buyer. Developers may not pay to have their property surveyed so they will raise the floor