Homeowners Level I & II Accessibility Standards FAQs
What is the Design for Life Incentive program?
The Design for Life (referred to as “DFL” or “Design for Life”) Incentive Program became effective July 1, 2014, and was launched with a four-fold vision:
- To promote and increase the stock of accessible housing in Montgomery County that meets Level I (VISITable) and Level II (LIVEable) DFL Accessibility Standards.
- To encourage and motivate businesses to provide housing that meets Montgomery County Design for Life (DFL) guidelines.
- To promote and increase the stock of accessible housing in Montgomery County that meets Level I (VISITable) and Level II (LIVEable) DFL Accessibility Standards.
- To increase the marketability of DFL properties.
The Design for Life program offers property tax credits and Development Impact Tax for Schools credits under Council Bill 5-13.
What are Bill 5-13 and Excecutive Regulation 3-14 and why should I read them?
Bill No. 5-13, Property Tax Credit- Accessibility Features provide property tax credit and Development Impact Tax for School Improvement credit incentives.
Executive Regulation 3-14 describes procedures for the implementation of Bill No 5-13.
- These bills establish a property tax credit for an accessibility feature installed on an existing residence.
- These bills provide for a property tax credit for meeting a Level I or Level II Accessibility Standards on a new single-family residence.
- These bills provide for an impact tax credit against the Development Impact Tax for Pubic School Improvements for meeting the Level I Accessibility Standard.
How is accessible/accessibility defined here?
Accessible means design of features described in the Design for Life Guidelines meeting the clearances and specifications provided to allow for movement with mobility aids.
What are the Technical Guidelines?
The Design for Life Technical Guidelines is a manual that provides technical guidance on the design and inspection requirements for the implementation of Bill 5-13.
What’s the difference between an Accessibility Feature and Level I (VISITable) and Level II (LIVEable) Accessibility Standards?
A feature is a permanent modification to a residence. Level I (VISITable) and Level II (LIVEable) Accessibility Standards are technical standards dictated by the building code.
What is a Level I (VISITable) unit?
A Level I (VISITable) unit is a permanent addition to a single family residence that includes:
- one no-step entrance located at any entry door to the house that is connected to
- an accessible route
- to a place to visit on the entry level;
- a usable powder room or bathroom and
- a 32-inch nominal clear width interior door.
See Technical Guidelines, p. 10
What is a Level II (LIVEable) unit?
A Level II (LIVEable) unit is a permanent addition to a single family residence that provides all of Level I Accessibility Standards PLUS
- an accessible circulation path that connects the accessible entrance to an accessible kitchen;
- at least one accessible bedroom; and
- a full bathroom that includes a walk-in or roll-in shower or tub
See Technical Guidelines, p. 11-12
What is a no-step entrance?
An exterior door entrance with a threshold that does not exceed ½ inch in depth with tapered advance and return surfaces.
What is an accessible route?
Accessible route means an interior or exterior circulation path at least 36 inches wide that provides a clear width of walking surface from a no step building entrance to at least one usable powder room or bathroom and one other room that can accommodate visitation. The accessible route shall extend from a vehicular drop off or parking to a no step building entrance.
What is an accessible door?
Accessible door means a primary accessibility entry door that provides a clear width opening of 32 inches or more.
What is a place to visit?
A place to visit means the area of the residence that includes a room that can accommodate visitation. The minimum area is 70 sq. feet.
What is a usable powder room?
Usable powder room means a room containing at least one sink and one toilet and large enough to accommodate a clear space 2 feet 6 inches by 4 feet within the room to position a wheelchair or other mobility aid clear of the path of the door as it is closed
What is an accessible circulation path?
Accessible circulation path means an interior way of passage from one room to another that can accommodate a wheelchair or other mobility aid.
What is an accessible kitchen?
Accessible kitchen means a kitchen that can accommodate a wheelchair or other mobility aid and meets the specification in Section 52-28T of the Montgomery County Code for a usable kitchen.
What is a full bathroom?
Full bathroom means a bathroom that contains at least one sink, one toilet, and a shower or tub which can accommodate a wheelchair or other mobility aid and meets the specs of the Montgomery County Code for a bathroom on an accessible level.
What is an accessible bedroom?
Accessible bedroom means a bedroom that may be accessed by an accessible route.
Is there a different property tax credit amount for individual Accessibility Features, Level I (VISITable) and Level II (LIVEable) Accessibility Standards?
Yes
What is the amount of the property tax credits for Level I (VISITable) Accessibility Standards?
For features meeting VISITable Accessibility Standards, certified costs of up to $3,000 per property owner per tax year, less any credit received against the Development Impact Tax for School Improvements and less any funds or assistance received for the Accessibility Feature(s).
What is the amount of the property tax credits for Level II (LIVEable) Accessibility Standards?
For features meeting Livable Accessibility Standards, certified costs of up to $10,000 per property owner per tax year, less any credit received against the Development Impact Tax for School Improvements and less any funds or assistance received for the Accessibility Feature.
What do you mean by eligible costs?
Eligible costs mean costs that are
- Incurred within 12 months prior to the property owner submitting an application to the Department for the Property Tax Credit;
- For features meeting Level I (VISITable) or Level II (LIVEable) Accessibility Standards;
- Paid by the applicant / property owner;
- In excess of $500; and
- Documented by contracts, receipts, or invoices which demonstrate the cost or amount of money spent on the purchase and installation of Accessibility Features including any required permit or inspection fees
How do I know what reasonable costs are for each feature?
Reasonable costs are determined on a case-by-case basis.
Is there a maximum amount of property tax credit that can be applied in a single tax year?
The maximum amount of property tax credit that may be applied in any single tax year is $2,000.
What if my County property tax is less than $2,000 for the year?
The amount of credit that may be applied in anyone tax year must not exceed the amount of County property tax imposed on the property in that year.
What happens if the property tax credit is more than my property taxes for that fiscal year?
If the credit exceeds the County property tax, the County will apply the excess to future years until you receive the full amount of credit.
What happens if I sell the property before I’ve received the full amount of the credit?
The tax credit runs with the property upon the transfer of title, and the balance of any credit must be applied to the tax bill of the subsequent owner.
What is the Development Impact Tax for School Improvements?
The Development Impact Tax for School Improvements is the tax, set by the Montgomery County Council, assessed on new residential buildings.
What is the Development Impact Tax for School Improvements credit?
If you complete Level I (VISITAable) modifications and/or Level II (LIVEable) improvements to a new single-family residence or existing condominium unit, you may be eligible to receive Impact Tax for School Improvements credit.
Are there any pre-conditions for applying for the Impact Tax for School Improvements Credit?
In order to receive the Impact Tax Credit, you must first enter into an Impact Tax Credit Certification Agreement before the issuance of building permits for properties included in the Agreement.
What is the amount of credit available to a single-family property owner for the Development Impact Tax for School Improvements?
The amount of credit available is dependent upon the Impact Tax Credit Certification Agreement between the property owner and County.
How do I know if I am eligible to apply for Level I (VISITable) or Level II (LIVEable) Accessibility Standard tax credits?
Your are eligible to apply for Level I (VISITable) or Level II (LIVEable) Accessibility Standard if you are a property owner of a new or existing residential dwelling, including single-family dwelling, townhouse, duplex or existing condominium unit.
The property to be built or renovated must be your principal residence.
Owner’s Principal Residence means the residence for which the “Occupancy” box for the property’s real property tax bill reads “Principal Residence.”
What about the Development Impact Tax for School Improvement credit?
A Development Impact Tax for School Improvement credit is also available to you if you are the builder of a new single-family residence and if you agree to construct or contribute to the cost of building single family residences that meet the Level I or Level II accessibility Accessibility Standards as defined in Section 52-18U(a) of the Montgomery County Code.
Are there any other requirements I need to know about?
The property to be built or renovated must be your principal residence.
Owner’s Principal Residence means the residence for which the “Occupancy” box for the property’s real property tax bill reads “Principal Residence.”
Before the buyer signs a contract for the purchase of a new, single-family residential property, the seller must disclose to the prospective buyer that a real property tax credit may be available to the buyer for the cost of installing features to the property that meet the Accessibility Standards for Level I (VISITable) or Level II (LIVEable).
The disclosure must include general information about the types of improvements for which the credits are available and an estimate of the general cost to make the improvements.
What are the Accessibility Features REQUIRED TO MEET for the Level I (VISITable) accessibility standard?
See Table I
What are the Accessibility Features REQUIRED TO MEET for the Level II (LIVEable) accessibility standard?
See Table II
What’s the difference between Individual Accessibility Features, Level I (VISITable) and Level II (LIVEable) Accessibility Standards?
The Individual Accessibility Features option offers a list of 9 different Accessibility Features that may be used in any combination. These modifications may be made to existing residential dwellings, including single-family homes, townhomes and duplexes and condominium units in existing multi-family dwellings and as additional modifications to new single-family residences.
Level I (VISITable) Accessibility Standards are permanent modifications to a residential building that incorporates Design for Life Accessibility Features as listed in the Technical Guidelines on p 10.
To meet Level I (VISITable) Accessibility Standards and qualify for tax credits, all Accessibility Feature modifications must be completed prior to final approved inspection.
Level II (LIVEable) Accessibility Standards are permanent modifications to a residential building that incorporates Design for Life Accessibility Features as listed in the Technical Guidelines on p 11-12.
To meet Level II (LIVEable) Accessibility Standards and qualify for tax credits, all Accessibility Standard modifications for Level I (VISITable) and Level II (LIVEable) must be completed prior to final approved inspection.
Must the property owner complete all the Accessibility Features listed in TABLE II below to meet the Level I (VISITable) accessibility standard?
Yes, all of the Accessibility Features listed in Table II below must be made at the same time and completed prior to final approved inspection to meet the Level I (VISITable) accessibility standard and be eligible for applying for the tax credit.
Must the property owner complete all the Accessibility Standards listed in TABLE II below to meet the Level II (LIVEable) accessibility standard?
Yes, all of the Accessibility Standards listed in Table II below must be made at the same time and completed prior to final approved inspection to meet the Level II (LIVEable) accessibility standard and be eligible for applying for the tax credit.
What building types are eligible to meet Level I (VISITable) Accessibility Standards?
New and existing residential dwellings, including single-family homes, townhomes and duplexes and condominium units in existing multi-family dwellings.
**PLEASE NOTE: Property owners of condominium units must file a Commercial Building permit rather than a Residential Building Permit
What building types are eligible to meet Level II (LIVEable) Accessibility Standards?
New and existing residential dwellings, including single-family homes, townhomes and duplexes and condominium units in existing multi-family dwellings.
**PLEASE NOTE: Property owners of condominium units must file a Commercial Building permit rather than a Residential Building Permit
Why aren’t Level II Accessibility Standards included in the Development Impact Tax for School Improvement credit?
Actually, they are. Any residence in a development that has met Level II (Livable) accessibility standards has also met Level I (VISITable) Accessibility Standards and should therefore be included in the application.
For further details, see DFL Technical Guidelines, p 11-12 |
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How does the application process work?
The application process is actually a two part process.
First you must apply for and receive a permit** to install DFL Individual Accessibility Feature(s) or Level I (VISITable) and Level II (LIVEable) Accessibility Standards BEFORE THE WORK STARTS!!
**If applying online, be sure to CHECK THE DFL APPLICATION BOX when filling out the residential or commercial permit.
A second application is made for the property tax credits once all the work is completed and the final inspection is approved.
Applications for tax credits cannot be done online at this time. The application for the tax credit is available here.
**PLEASE NOTE: property owners of condominium units in existing multi-family dwellings must apply for a COMMERCIAL building permit, not a residential building permit.
What type of documentation do I need to apply for the DFL Individual Accessibility Feature(s) PERMIT?
The DFL Accessibility permit application is actually done simultaneously to the Residential or Commercial Building Permit application.
If you choose to fill out paper applications for the Residential or Commercial Building Permit application, you must be sure to fill out and submit the Building Permit — Supplemental Design for Life Application. You will also need to submit architectural and/or engineering plans that document the DFL renovations you are intending to make.
**If applying online, be sure to CHECK THE DFL APPLICATION BOX when filling out the residential or commercial permit.
What type of documentation do I need to apply for the DFL Individual Accessibility Feature(s) PROPERTY TAX CREDIT?
- A copy of the building permit listing all the Accessibility Features.
- Cost documentation for the amount of money spent on the purchase and installation of features, including any required permit or inspection fees.
- Copies of applications for any other subsides providing tax credits or grants and receipts for all subsidies received.
- An affidavit stating that neither the previous owner nor applicant has received other subsidies for modifications to the property.
** Applicants whose properties are located in the City of Rockville or the City of Gaithersburg must also submit a signed affidavit from their respective city that all necessary inspections have been completed and verifies that the features have been installed according to permit.
Tell me more about applying online.
General information about applying online can be found on the DPS website under eServices.
eServices has information about ePermits, ePlans, creating a user account, training classes, training videos and a downloadable PDF User Guide for ePlans.
What are the advantages to applying for my permit online?
There are several advantages to applying online:
- It’s faster
- It’s accessible 24-7
- Permit review time is reduced
- It’s environmentally friendly
- It reduces your costs
Your plans are available, accessible and stored online.
What is the address for the Department of Permitting Services?
Montgomery County Department of Permitting Services
2425 Reedie Drive
7th Floor
Wheaton, Maryland 20902
If you have questions, call 311 or 240-777-0311
