Construction Standards

TSAHC’s policies reference the International Residential Code (“IRC”) and International Building Code (“IBC”). However, we are aware that many larger metropolitan areas have adopted amended codes that provide both clarification and additional requirements upon home builders and renovators. TSAHC requires that our Local Partners and their contractors adhere to the most relevant or applied local building codes, and in cases where no building code has been adopted TSAHC requires contractors to adhere to the IRC or IBC standards.

TSAHC’s policies cite separate but interrelated standards: Federal Fair Housing Act Accessibility Standards, Titles II and III of the Americans with Disabilities Act of 1990, §2306.514 (visitability guidelines) of the Texas Government Code, and Texas Minimum Construction Standards. Here is a summary of each of these standards.

Fair Housing Act Accessibility Standards: This is the primary federal accessibility standard applied to homes built after March 31, 1991. The U.S. department of Housing and Urban Development provides several excellent guides and worksheets for builders and developers. While it is true that the Fair Housing Act is focused on the development of multifamily projects (more than four units), there are some aspects that do apply to all housing projects including single family construction (one to four units).

Borrowers and their contractors should review and understand the general design guidelines required by the Fair Housing Act, and if questions arise, please feel free to contact our program staff for clarification.

1. All building entrances must be on accessible route, including the route from any leasing offices, parking lots and other common areas of a neighborhood or apartment complex;
2. All doors designed to allow passage into and within all premises must be sufficiently wide to allow passage by persons in wheelchairs;
3. There must be an accessible route into and through the dwelling units, providing access for people with disabilities throughout the unit;
4. Light switches, electrical outlets, thermostats and other environmental controls must be placed in accessible locations;
5. All dwelling units must contain reinforcements in bathroom walls to allow installation of grab bars around toilet, tub, shower stall and shower seat, where such facilities are provided; and
6. Dwelling units must contain usable kitchens and bathrooms such that an individual who uses a wheelchair can maneuver about the space.

Titles II and III of the Americans with Disabilities Act of 1990: The ADA prohibits discrimination against persons with disabilities in areas of public life, including employment, education, transportation, public accommodations, communications, and access to state and local government programs and services.

Title II of the ADA addresses nondiscrimination on the basis of disability In state and local government services. Title III of the ADA addresses nondiscrimination on the basis of disability by businesses open to the public and public accommodations. The 2010 ADA Standards for Accessible Design are a helpful resource.

Visitability Standards (§2306.514): The visitability standards codified in state statutes provide a minimal accessibility standard that all newly constructed homes must meet. TSAHC also requires that rehabbed homes meet these standards with some exceptions related to costs and level of rehab being completed. Here is a summary of the accessibility features listed under §2306.514:

1. At least one entrance door, whether located at the front, side, or back of the building must be on an accessible route served by a ramp or no-step entrance and has at least a standard 36-inch door;
2. On the first floor of the building:
   1. each interior door is at least a standard 32-inch door, unless the door provides access only to a closet of less than 15 square feet in area;
   2. each hallway has a width of at least 36 inches and is level, with ramped or beveled changes at each door threshold;
   3. each bathroom wall is reinforced for potential installation of grab bars;
   4. each electrical panel, light switch, or thermostat is not higher than 48 inches above the floor;
   5. each electrical plug or other receptacle is at least 15 inches above the floor; and
3. If the applicable building code or codes do not prescribe another location for the breaker boxes, each breaker box is located not higher than 48 inches above the floor inside the building on the first floor.

These standards provide a minimum of accessibility for persons with mobility impairments. It should be noted that TSAHC does require that properties undergoing substantial rehab meet these requirements, or when a particular element of a building is included in the scope of rehab. For example, if window and door replacements are occurring, then new windows and doors must meet the accessibility standards under §2306.514.

Texas Minimum Construction Standards (“TMCS”): The TMCS is a standard that has been developed by the Texas Department of Housing and Community Affairs, (TDHCA), in order to provide general guidance for contractors using federal funding. The standards are more closely related to building codes but deal substantially with rehabilitation standards for single family homes. These standards may be updated. Local Partners are encouraged to contact TDHCA for updates.

All developments, at the time of acquisition or completion of construction or rehabilitation, must be compliant with the most recently adopted energy and water conservation design standards  published by the Texas Comptroller’s State Energy Conservation Office. As of January 1^st, 2021 the cost recently adopted codes include ASHRAE 90.1-2016 or 2018 IECC. Applicants may propose the use of an alternative local, state or national energy efficiency standard, which must be approved by TSAHC staff in writing prior to application. Applications must include a certification from the project’s architect, engineer or third-party inspector confirming the building plans adhere to this requirement.

Web Links:

Fair Housing Act Design Guidelines

2010 ADA Standards for Design

Texas Minimum Construction Standards 

TSAHC would prefer a letter from the project architect or builder that states the rehab or construction was completed to Fair Housing Act accessibility standards. In the absence of a letter, we will work with borrowers and local partners to determine an appropriate method for certifying compliance, including but not limited to; self-inspections, inspections by TSAHC staff, or certifications by a third party inspector. The inclusion of Fair Housing and other accessibility requirements with contractors and architects will also be sufficient evidence and provide some support for adherence to TSAHC’s policies.

TSAHC is not looking for a specific certification form but rather a commitment from borrowers and local partners, their architects and contractors, that shows all purchasing and building activities will adhere to Energy Star guidelines.