Building Professionals Accessibility Features 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. In this program, DPS will fast track DFL permits.
- To encourage and motivate businesses to provide housing that meets Montgomery County Design for Life (DFL) guidelines.
- To created a DFL Program Certification that rewards property owners by featuring them in the DFL Gallery of Homes and in other places on the website.
- 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 Executive Regulation 3-14 and why should I read them?
Bill No. 5-13, Property Tax Credit- Accessibility Features provides 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 Standard 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.
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 credit for individual Accessibility Features?
The tax credit allowed is the lesser of
- 50% of the eligible costs
- OR
- $2,500 per property owner per tax year less any subsidy received from a governmental, quasi-governmental, or non-profit entity for the 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 an Accessibility Feature including reasonable costs to install the feature
- 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.
I want to install more than one Accessibility Feature. Will I get a credit for each?
Yes, as long as it does not exceed $2,500 per application per fiscal year. Only one application will be accepted for a property tax credit for accessible features for each property during a single tax year.
How do I know if I am eligible to apply for and receive DFL Property Tax credits?
You are eligible to apply for DFL Property Tax credits if you are a property owner of a new or existing residential dwelling, including single-family dwelling, townhouse, or duplex. Credit is also available for accessibility features installed in a condominium unit.
Property owners can be owners of individual properties as well as commercial builders and developers.
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.”
How often may I submit an application to add individual Accessibility Features to my properties?
You may only submit one application for a tax credit for each property during a single tax year.
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 Level I or Level II individual accessibility features to the property.
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 Individual Accessibility Features eligible for a property tax credit?
See Table I
What building types are eligible for individual Accessibility Features?
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’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 an attached or detached single family homes 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 made at the same time and completed prior to final approved inspection.
Level II (LIVEable) Accessibility Standards are permanent modifications to an attached or detached single family homes that incorporates Design for Life Accessibility Features as listed in the Technical Guidelines on p 11-12.
To meet for Level II (LIVEable) Accessibility Standards and qualify for tax credits, all Accessibility Feature modifications for Level I (VISITable) and Level II (LIVEable) must be completed prior to final approved inspection.
| Table I: Individual Accessibility Features Eligible for Property Tax Credit | |
|---|---|
| Access into home | |
| 1 | A no-step entry/exit door to the house that is connected to an accessible route or path and provides access to the main living space of the residence. |
| 2 | An installed ramp creating a no-step entrance. |
| 3 | An exterior doorway that provides a 36-inch wide or wider clear opening, but only if accompanied by exterior lighting that is either controlled from inside the residence, automatically controlled, or continuously on. |
| 4 | An exterior or interior elevator or lift or stair glide unit. |
| Interior doorway | |
| 5 | An interior doorway that provides a at provides a 32-inch wide or wider clear opening. |
| Accommodations for individuals with sensory impairment | |
| 6 | Alarm, appliance, and control structurally integrated into the unit designed to assist an individual with a sensory impairment. |
| Accessible bathroom features | |
| 7 | Maneuvering space of at least 30 x 48 inches in a bathroom or kitchen so that a person using a mobility aid may enter the room, open and close the door, and operate each fixture or appliance. |
| 8 | Walls around a toilet, tub, or shower reinforced to allow for the proper installation of grab bars with grab bars installed in accordance with the Americans with Disabilities Act Standards for Accessible Design; |
| 9 | Accessibility-enhanced bathroom, including a walk-in-or roll-in shower or tub. |
| **For further details, see DFL Technical Guidelines, p 10 | |
| Table II: Requirements for Level I (VISITable) and Level II (LIVEable) Accessibility Standards | ||
|---|---|---|
| Level I (VISITable) | Level II (LIVEable) | |
| Access into home | ||
| One no-step entrance located at any entry door to the house that is connected to an accessible route: |  |
|
| Place to visit | ||
| To a place to visit on the entry level | |
|
| Powder room | ||
| To a usable powder room or bathroom | |
|
| Interior doorway | ||
| To a 32-inch clear width interior door | |
|
| Accessible circulation path | ||
| An interior way of passage from one room to another that can accommodate a wheelchair or other mobility aid. | |
|
| Accessible kitchen | ||
| 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. | |
|
| Accessible bedroom | ||
| At least one accessible bedroom (either on the entry level or accessible by elevator, lift or stair glide unit). | |
|
| Accessible bathroom | ||
| Accessibility-enhanced full bathroom that includes a walk-in or roll-in shower or tub. | |
|
For further details, see DFL Technical Guidelines, p 11-12
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 Accessibiity Feature(s) 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.
What type of documentation do I need to apply for the DFL Individual Accessibiity 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 Accessibiity Feature(s) PROPERTY TAX CREDIT?
- A copy of the building permit listing all the Accessibiity 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.
Can I apply in person to receive a DFL permit to add Individual Accessibility Features to the project?
You may apply in person BEFORE THE WORK STARTS at:
Montgomery County Department of Permitting Services
2425 Reedie Drive, 7th Floor
Wheaton, MD
To receive a DFL permit to add Individual Accessibiity Features to their houses.
A second application is made for the property tax credits once all the work is completed and the final permit is approved.
The second application for the PROPERTY TAX CREDITS is a paper application process only.
For questions you may call 311 or 240-777-0311.
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 is an Accessibility Feature?
A feature is a permanent modification to a residence. For a full list of features, please refer to Bill 5-13, lines 33-58. Also see Technical Guidelines, p. 8.
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 is an interior access that provides a minimum 32-inch wide clear opening.
What is a main living space?
A main living space means the area of the residence that includes a room that can accommodate visitation. The minimum area should be 70 sq feet.
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 should be 70 sq feet.
What is maneuvering space?
Maneuvering space means a clearance of 30 by 48 inches in a bathroom or kitchen so that a person using a mobility aid can enter the room, open and close the door and operate each fixture or appliance.
What is an accessibility-enhanced bathroom?
An accessibility-enhanced bathroom means a bathroom that contains at least one sink, and one toilet which can accommodate a wheelchair or other mobility aid. It may also include a walk-in or roll-in shower or tub.
