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(2) A refusal to make reasonable accommodations in rules, policies, practices or <br />services, when the accommodations may be necessary to afford the person equal <br />opportunity to use and enjoy a dwelling. <br />(3) In connection with the design and construction of covered multifamily dwellings for <br />first occupancy after March 13, 1991, a failure to design and construct those dwellings in <br />a manner that: <br />(A) The public use and common use parts of the dwellings are readily accessible <br />to and usable by disabled persons; <br />(B) All the doors are designed to allow passage into and within all premises <br />within the dwellings and are sufficiently wide to allow passage by disabled <br />persons in wheelchairs; and <br />(C) All premises within the dwellings contain the following features of adaptive <br />design: <br />1. An accessible route into and through the dwelling; <br />2. Light switches, electrical outlets, thermostats, and other environmental <br />controls in accessible locations; <br />3. Reinforcements in bathroom walls to allow later installation of grab <br />bars; and <br />4. Usable kitchens and bathrooms so that an individual in a wheelchair <br />can maneuver about the space. <br />(c) As used in subsection (b), "covered multifamily dwellings" means: <br />(1) Buildings consisting of.four (4) or more units if the buildings have one (1) or more <br />elevators; and <br />(2) Ground floor units in other buildings consisting of four (4) or more units. <br />(d) Compliance with the rules of the fire prevention and building safety commission that <br />incorporate by reference the appropriate requirements of the American National Standard for <br />buildings and facilities providing accessibility and usability for physically disabled people <br />(ANSIA117.1) satisfies the requirements of subsection (b)(3)(C). <br />(e) This section does not require that a dwelling be made available to an individual whose <br />tenancy would constitute a direct threat to the health or safety of other individuals or whose <br />tenancy would result in substantial physical damage to the property of others. [P.L. 66 -1990, § <br />2.] <br />8 <br />