10 Ariz. Admin. Code § R10-2-109
Design and Construction Requirements
Operative Text
A. Covered multifamily dwellings for first occupancy after March 13, 1991, shall be designed and constructed to have at least one building entrance on an accessible route unless it is impractical to do so because of the terrain or unusual characteristics of the site. For purposes of this Section, a covered multifamily dwelling shall be deemed to be designed and constructed for first occupancy on or before March 13, 1991, if the dwelling is occupied by that date, or if the certificate of occupancy was issued, or a building permit or renewal for the dwelling was issued by a state, county, or local government before March 13, 1991. The burden of establishing impracticality because of terrain or unusual site characteristics is on the person or persons who owns or contracted for the construction of the housing facility. B. All covered multifamily dwellings for first occupancy after March 13, 1991, with a building entrance on an accessible route shall have: 1. Public and common-use areas, if any, that are readily accessible to and usable by handicapped persons; 2. All doors into and throughout the premises that are sufficiently wide to allow passage of handicapped persons in wheelchairs; and 3. The following features of adaptable design: a. An accessible route into and through the covered dwelling unit; b. Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; c. Reinforcements in bathroom walls to allow later installation of grab bars around the toilet, tub, shower stall, and shower seat where such facilities are provided; and d. Kitchens and bathrooms that permit an individual in a wheelchair to maneuver about the space. C. Compliance with the applicable requirements of 24 CFR 40 (1993), incorporated by reference and with no additions or amendments, satisfies the requirements of paragraph (B)(3).
Under 10 Ariz. Admin. Code § R10-2-101 et seq. § R10-2-109, covered multifamily dwellings first occupied after March 13, 1991, must be designed and built with at least one accessible building entrance, unless terrain or unusual site conditions make that impractical. Buildings that meet this threshold must also provide accessible common areas, doorways wide enough for wheelchair passage, and a set of adaptable design features inside each unit—such as accessible routes, reachable controls, bathroom reinforcements for grab bars, and maneuverable kitchen and bathroom layouts. The burden of proving that terrain or site conditions made accessibility impractical falls on the property owner or the party who contracted for construction.
Plain English — not legal advice.
Property owners and developers of covered multifamily housing subject to 10 Ariz. Admin. Code § R10-2-101 et seq. § R10-2-109 generally ensure that buildings first occupied after March 13, 1991, include an accessible entrance, wide doorways, accessible common areas, and the full suite of adaptable interior design features required by the rule. When a site's terrain or unusual characteristics are claimed as a reason for omitting an accessible entrance, the owner or construction contractor bears the responsibility of documenting and establishing that impracticality. Compliance with the adaptable design requirements can also be demonstrated by satisfying the applicable standards found in 24 CFR Part 40 (1993), which the rule incorporates by reference.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in covered multifamily buildings first occupied after March 13, 1991, have an interest in knowing that 10 Ariz. Admin. Code § R10-2-101 et seq. § R10-2-109 establishes baseline accessibility and adaptable design standards that should have been built into the property from the start. If a building appears to lack required accessible entrances, wide doorways, or adaptable interior features without a documented terrain-based justification, tenants may have grounds to raise those deficiencies through a fair housing complaint, a consultation with a tenant-rights organization, or other available enforcement channels. Reviewing the provision alongside federal fair housing accessibility requirements can help tenants and their advocates understand the full scope of protections that may apply.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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