NOTICE: Correction to Accessibility Requirements for Reach Ranges Over Countertops
Since recently issuing our April 2024 Building Standards eNews, the Construction Codes and Licensing Division (CCLD) of the Minnesota Department of Labor and Industry has requested that we revise language in the eNews section previously titled “Minnesota Accessibility Code Interpretation/Clarification.” Therefore, we are re-issuing the April 2024 Building Standards eNews with a version that replaces the section with a new eNews section titled “Accessibility Requirements for Reach Ranges Over Countertops.”
Refer to the eNews below with the updated and corrected information. We apologize for any inconvenience.
Building Standards Reminders, Updates and Clarifications
Document Version Reminder
Effective 2023, Building Standards documents are no longer updated annually. Instead, these documents are updated biennially to align with the two-year Qualified Allocation Plan (QAP) and Self-Scoring Worksheet. Therefore, for the 2024 Multifamily Consolidated Request for Proposals (RFP)/2025 Housing Tax Credits (HTC) funding rounds, the unchanged 2023-2024 version of the following Building Standards documents will be applicable:
- Rental Housing Design/Construction Standards
- Architect’s Guide
- Contractor’s Guide
- MN Overlay and Guide to Enterprise Green Communities Criteria (MN Overlay)
- Multifamily Intended Methods Worksheet
- Other Forms and Templates
ENERGYSTAR Certified Window Version Change
As of October 23, 2023, ENERGYSTAR (ES) requires Residential Windows, Doors, and Skylights Version 7.0 (Version 7.0) for certified residential windows. It’s Minnesota Housing’s understanding that these windows will most likely require triple panes. However, it’s also Minnesota Housing’s understanding that an energy model under Energy Rating Index (ERI) or American Society of Heating, Refrigeration and Air-Conditioning Engineers (ASHRAE) pathways of the ES Multifamily New Construction Certification program may compensate for the Version 7.0 requirements.
Development teams are encouraged to consult with their energy rater or Minnesota Licensed professional engineer early on to determine which window requirements will apply for their new construction projects.
Minnesota Housing has agreed internally to allow Residential Windows, Doors, and Skylights Version 6.0 (Version 6.0) standards for Moderate/Substantial Rehabilitation and adaptive reuse projects following the Prescriptive Pathway under Criteria 5.1b, found in Chapter 6 of the 2023 – 2024 Minnesota Overlay and Guide to the 2020 Enterprise Green Communities Criteria (MN Overlay). Refer to the ENERGYSTAR website for copy of the Version 7.0 requirements. Version 6.0 requirements are available under the Sustainability section of our Building Standards webpage.
ENERGYSTAR Multifamily New Construction (ES MFNC) Insulated Garage Ceiling
With the release of the 2023-2024 MN Overlay, all projects funded after April of 2023 are required to meet requirements of and achieve ES MFNC certification.
The United States Department of Energy (DOE) released a “Rev. 04” to the ES MFNC National Rater Field Checklist 1/1.1/1/2. This is the document which requires underground garage ceiling insulation. This new version was released on December 1, 2023, and provides more clarification for insulating the ceiling of underground garages.
It’s our understanding, based on communications with DOE ES MFNC staff, that projects that follow the ERI Pathway or the Prescriptive Pathway for ES MFNC certification must insulate the ceiling of underground garages. However, projects following the ASHRAE Pathway are not required to insulate the underground garage ceiling at areas where the garage ceiling serves as a floor for non-housing/non-residential occupancies above. So, if a project has an underground garage, only the portions of the first floor that serve a Residential (R) occupancy, such as dwelling units and housing common space, would be required to have the garage ceiling below insulated. Other first floor occupancies such as Business (B) occupancies, Assembly (A) occupancies, Mercantile (M) occupancies, etc.… would not be required to have the garage ceiling below them insulated.
Consult with your Energy Rater or MN Licensed Professional Engineer to ensure compliance with ES MFNC and Rev.04 to the ES MFNC National Rater Field Checklist 1/1.1/1/2.
Minnesota Housing’s Sustainable Housing Webpage
Visit Minnesota Housing’s Sustainable Housing webpage to find additional sustainability and energy efficiency information, including the 2020 Climate Change Subcabinet update report, clean energy resources for multifamily affordable housing and details about the Our Minnesota Climate initiative. This webpage can also be accessed by selecting the “Sustainability and Energy Efficiency” link under the Sustainability section on our Building Standards webpage.
New Accessibility Requirements for Housing Infrastructure Funded Projects
In 2023, the Housing Infrastructure (HI) statute was updated with new design standards requirements for projects that are financed with HI resources. Projects receiving HI funding through the 2024 Multifamily Consolidated RFP that are new construction or substantial rehabilitation with more than four units per building must meet the following statutory design requirements:
- At least 5% of the total units, with a minimum of one unit, must be accessible units, as defined by section 1002 of the current State Building Code Accessibility Provisions for Dwelling Units in Minnesota, and include at least one roll-in shower.
- At least 5% of the total units, with a minimum of one unit, must be sensory-accessible units that include:
- Soundproofing between shared walls for first and second floor units
- No fluorescent lighting in units and common areas
- Low-fume paint
- Low-chemical carpet, and
- Low-chemical carpet glue in units (and common areas)
- Note that this does not include or meet our 2% Hearing/Vision Impaired Units requirement.
When submitting an application for the 2024 Multifamily Consolidated RFP with a potential for HI funding, confirm the new construction building design or existing substantial rehabilitation scope of work can meet these statutory requirements. HI eligible projects include permanent supportive housing and affordable housing for seniors 55 and older.
UPDATED: Accessibility Requirements for Reach Ranges Over Countertops
It’s common for kitchens in dwelling units to use base cabinets that are 24 inches deep with post-formed countertops that are 25 ½ inches deep. However, this practice does not meet section 308.3.2 requirements of the Minnesota Accessibility Code. The countertops must not be more than 24 inches deep in accessible units and Type A units.
Therefore, all accessible units and Type A units must not have kitchen countertops that exceed the maximum depth of 24 inches. A standard countertop that is 25 ½ inches deep may be used if the operable parts required under sections 1002.9 and 1003.9 are extended out from the wall at least 1 ½ inches so that the operable parts are within the 24 inches maximum reach range. A 1 ¾-inch deep, surface metal raceway box is one way to achieve this. The raceway box must be listed as approved by a nationally recognized testing laboratory such as Underwriters Laboratory (UL) Solutions or Electrical Testing Laboratories (ETL).
The following code tracking was provided by Karen Gridley, Accessibility Specialist from the Construction Codes and Licensing Division of the Minnesota Department of Labor and Industry, regarding countertop obstructions for accessible dwelling units and Type A dwelling units:
Chapter 10 sections 1002 and 1003 of the 2020 Minnesota Accessibility Code provides requirements for accessible units and Type A units, respectively. Sub-sections 1002.9 for accessible units and 1003.9 for Type A units require operable parts to comply with section 309, which then requires operable parts to comply with section 308. Under section 308.3.2, the following requirements are noted:
308.3.2 Obstructed high reach.
Where a clear floor space complying with section 305 allows a parallel approach to an element and the high side reach is over an obstruction, the height of the obstruction shall be 34 inches maximum above the floor and the depth of the obstruction shall be 24 inches maximum.
The allowance to provide a countertop up to 25 ½ inches deep is only permitted in Type B dwelling units per Chapter 10 section 1004.9 (Exception 10) of the 2020 Minnesota Accessibility Code.
About Minnesota Housing
Minnesota Housing, the state’s housing finance agency, works to provide access to safe, stable and accessible housing Minnesotans can afford in a community of their choice. In 2023, the Agency distributed $1.85 billion in resources and served 69,500 households. Visit our website to learn more.
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