COMMITTEE ON HOUSING AND LABOR

BILL NO.

29-0042

Twenty-Ninth Legislature of the Virgin Islands

March 18, 2011

An Act amending title 29 Virgin Islands Code, chapter 6 adding subchapter II relating to Visitable Housing Design and Incentive Program and amending chapter 81 adding section 2305a relating to real property tax credits

PROPOSED BY:

Senators: Shawn-Michael Malone, Usie R. Richards and Ronald E. Russell Co-Sponsors: Nereida Rivera-OReilly and Janette Millin Young

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WHEREAS, persons with disabilities and their immediate family members are often isolated in their own homes and isolated from the homes of others because of architectural barriers; and WHEREAS, persons with disabilities and their families often experience difficulties finding suitable, accessible housing to rent or to buy; and WHEREAS, persons over the age of sixty are the fastest growing portion of our population and may experience temporary or permanent disability that may limit their mobility or their ability to perform daily tasks; and

2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WHEREAS, research conducted by the National Association of Home Builders has estimated that half of all homes in the United States will if not now, soon be headed by persons 55 years old or older; and WHEREAS, homes that are visitable allow persons with disabilities and senior citizens to remain in their homes; and WHEREAS, the Visitability Movement was begun in 1986 by grass roots advocates led by Eleanor Smith in an organization called Concrete Change, who referred to the visitability concept as "Basic Home Access"; and WHEREAS the advocate soon adopted from Great Britan the term, Visitability, to emphasize that the goal is not the traditional more homes for the disabled, but rather a change in standards homebuilding procedure: and WHEREAS, no-step entrances, wide doorways and passages and wheel-chair accessible first floor bathrooms make dwellings visitable and greatly improve livability for all persons; WHEREAS, this Act is an expression of the Legislatures conviction that inclusion of basic architectural access features in all new dwellings is a functional imperative and essential to the welfare of the people of the Virgin Island; and WHEREAS, it is the intent of the Legislature to encourage voluntary development of visitable housing in the Virgin Islands; Now, Therefore, Be it enacted by the Legislature of the Virgin Islands: SECTION 1: Title 29 Virgin Islands Code, chapter 6 is amended by adding a subchapter II that reads as follows: SUBCHAPTER II. VIRGIN ISLANDS VISITABLE HOUSING DESIGN

AND INCENTIVE PROGRAM 329a. This subchapter may be cited as The Virgin Islands Visitable Housing Design and Incentive Act.

3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 341. As used in this subchapter, the term--(1) Commissioner means the Commissioner of the Department Of Planning and

Natural Resources or the Commissioners designee. (2) (3) Department means the Department of Planning and Natural Resources. "Dwelling" means any building, structure or portion of a building or structure

which is occupied as, designed as, or intended for occupancy as a residence by one or more families. (4) (5) "Family", includes a single individual. Physical disability means a physical impairment that substantially limits

one or more of the major life activities of an individual. (6) Visitable housing means one-to-four family residential dwelling units that

include basic architectural features to allow persons with physical disabilities to live in or visit easily. 342. (a) This subchapter maybe not construed as a requirement on any real property owner unless the tax incentives provided under section 344 are being claimed. (b) This subchapter applies only to one to- four family dwellings that that are

constructed after the effective date of this subchapter. 343. Subject to appropriation for this purpose, the Department shall establish a visitable housing design and incentive program to encourage the building dwellings that are accessible to persons with physical disabilities. Through the program the Department shall provide a single point of contact for any person seeking technical assistance from the Government to construct visitable housing and shall provide incentives to real property owners who build dwellings meeting the basic access standards described in section 343. 343. (a) A real property owners who wish to participate in the Visitable Housing Design and Incentive Program shall submit an incentive application to the Department in accordance with regulations promulgated by the Commissioner.

4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 (b) Every dwelling for which a real property owner is eligible to receive a tax

incentive under this subchapter must include the following architectural features: (1) The dwelling unit must have at least one no-step exterior entrance, with a 36-

inch-wide entrance door to allow for wheelchair access into the dwelling; (2) The entrance must be located on a continuous and unobstructed path from the

public street or driveway; (A) The pathway to the entrance must have a width not less than thirty six

inches and may include curb ramps, parking access aisles, walks and ramps, but must not contain any steps; (B) The pathway to the entrance must not exceed one inch rise for every

twelve inches in length; (3) All interior passage doors in the dwelling must allow at least 32 inches of

clearance in width; (4) No electrical outlet in the dwelling may be lower than 15 inches from the

finished floor, and no light switch in the dwelling may be more than 48 inches from the finished floor. All environmental controls in the dwelling must be in accessible locations; and (5) In each bathroom or other room containing a toilet, bathtub, shower stall, or

shower seat, the walls adjacent to those fixtures must all be reinforced in a manner that will allow the later installation of grab bars around those fixtures. In addition at least one bath room must be on the first floor and must have; (A) (B) Clear floor space of thirty by forty-eight inches centered on the sink; Space to allow a person in a wheelchair to enter and exit the bathroom and

open and close the bathroom door; (C) (D) Space to use bathroom fixtures; Space that is not encroached by the swing of the bathroom door;

5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 (E) A sink and a toilet that allow for a parallel or head-on approach by a person in

a wheelchair; and (F) Bathroom walls reinforced to be capable of supporting grab bars that resist

shear and bending forces of a minimum of three hundred pounds. 344. (a) Upon completion of construction of a visitable dwelling, if the

requirements of the section 343 are met, the Commissioner shall issue a Certificate of Visitability to the property owner-applicant at the time of issuance of the Certificate of Occupancy. (b) A Certificate of Visitability entitles the property owner that constructs the

visitable dwelling to the tax credit established in section 2305a of this title, and to such building permit fee waivers or reductions as the commissioner may established by

regulations . (c) The Certificate of Visitability is nontransferable and subject to such other

limitations and condition as may be provided by regulations. 345. (a) The Commissioner by regulations shall provide procedures for application, inspection, certification, reporting and publicizing of the Visitable Housing Design and Incentive Program. 346. The Commissioner, shall educate the public, including all applicants for building permits, building contractors, developers and the general public, on Visitable Housing Design and Incentive Program through the dissemination of written material, by information on its website and by such other methods as the Commissioner considers appropriate to explain the Visitability design standards and the advantages of participating in the incentive program. 347. The Commissioner shall report on the success of the Visitable Home Design Incentive Program and any funding needs of the program to the Legislature of the Virgin Islands on an annual basis, no later than May 30 each year.

6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 SECTION 2. Title 33 Virgin Islands Code, chapter 81 is amended by adding section 2305a to read as follows: 2305a. A real property tax credit of twenty percent of the taxes levied by the Tax Assessor against real property under a Certificate of Visitability pursuant to section 344 of this title is granted to the eligible property owner for a total of ten years, unless title to the real property is conveyed to another. SECTION 3. This Act takes effect October 1, 2011. BILL SUMMARY This bill amends the housing code, adding subchapter II to title 29, chapter 6 to enact the Virgin Islands Visitable Housing Design and Incentive Act. The bill establishes basic standards for the construction of visitable dwellings in proposed section 343. The fundamental requirements for visitable dwellings are one zero-step entrance, to the dwelling; interior doors, including bathrooms, with at least 32 inches of clear passage space; and bathroom on the first floor of the dwelling. Additionally the pathway to the accessible entrance must be unobstructed, with no steps, and not too steep. The bathroom must have sufficient room for an individual in a wheelchair to maneuver and use bathroom fixtures. Electrical outlets, light switches and environmental controls must all be accessible to persons with disabilities. Proposed internal section 344 establishes an incentive program in which successful applicants are awarded a Certificate of Visitability, making them eligible for real property tax credits for up to ten years and for such fee waivers and reductions as the Commissioner of Planning &Natural Resources may provide through regulations. The Commissioner is required to educate the public on the program and its requirements. Additionally the Commissioner must submit a report on the success of the program to the Legislature annually. Section 2 amends the property tax code. It establishes a property tax credit of 20% of the tax assessed against the property that contains a visitable dwelling. The tax credit is awarded for a total period of ten years, so long as the property remains under the ownership of the taxpayer who constructed the visitable dwelling. Section 3 set forth the effective date of the Act as the beginning of the next fiscal year.

BR-11-0208/ 11-19-11/ YLT