Building Professionals 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. 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 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.
What is the DFL Program Certification?
DFL Program Certification is a program developed to highlight architects, builders, and projects that have met Level I (VISITable) or Level II (LIVEable) Accessibility Standards.
The purpose of recognizing these participants is to raise awareness of the DFL program and encourage participation. A long-range goal of this program is to see DFL Accessibility Features and Standards adopted as the industry standard for design and development.
Participants can receive a bronze, silver, gold or platinum level of program certification, based on their degree of participation.
Based on their level of DFL program certification, participants become eligible for varying levels of promotion on the DFL website and other communication channels.
There will also be yearly awards by the County Executive recognizing homeowners and developers who have met the various certificate thresholds.
What are the different levels of program certification?
Participants may apply for program certification based upon the number of units or projects that have achieved Level I (VISITable) or Level II (LIVEable) Accessibility Standards.
BRONZE—minimum 5% of the single family residences built in the project meet VISITable or LIVEable Accessibility Standards.
SILVER—minimum 10% of the single family residences built in the project meet VISITable or LIVEable Accessibility Standards.
GOLD—minimum 25% of the single family residences built in the project meet VISITable or LIVEable Accessibility Standards.
PLATINUM—minimum 30% of the single family residences built in the project meet VISITable or LIVEable Accessibility Standards.
What types of homes are eligible to participate in the DFL Program Certification?
There are two criteria for DFL Program Certification eligibility:
- The project shall be new single-family residences.
- The project shall meet DFL Level I (VISITable) or DFL Level II (VISITable) Accessibility Standards.
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.
What is the Development Impact Tax for School Improvements credit?
The Development Impact Tax for School Improvements is the tax, set by the Montgomery County Council, assessed on new residential buildings to help offset costs of schools.
What is the Development Impact Tax for School Improvements credit?
If you want to complete a specific number of Level I (VISITable) improvements and/or Level II (LIVEable) improvements to a new single-family or multi-family development, you are 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 if there are phases to the development?
If the project is phased, you must enter into a Master Agreement and separate agreements for each phase.
DPS will collect the total amount due of the Development Impact Tax for School Improvements for those improvements that have not been constructed, inspected and approved by the Department.
The full amount of credit will be determined at the time of project completion.
What if, prior to payment of the Development Impact Tax, a portion or all of the agreed upon Level I and Level II improvements have been made?
In this case, the DPS will credit the percentage of the tax prior to the tax payment.
What if things change through the phases of development?
A credit determination will be identified in each phase with a running cumulative total for the entire project.
What if I don’t meet the participation level agreed to in the Impact Tax Credit Certification Agreement?
If you don’t meet the participation level in the Agreement upon completion of the project, DPS will re-calculate the amount of credit due and refund the appropriate amount.
What is the amount of credit available 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.
In the case of a development of new homes:
- If 5% of projects meet Level I, then the owner receives $500 per residence.
- If 10% of projects meet Level I, then the owner receives $1,000 per residence.
- If 20% of projects meet Level I, then the owner receives $1,500 per residence.
- If 30% of projects meet Level I, then the owner receives $2,000 per residence.
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.
How do I know if I am eligible to apply for Level I (VISITable) or Level II (LIVEable) Accessibility Standard tax credits?
You are eligible to apply for Level I (VISITable) or Level II (LIVEable) Accessibility Standards if you are a property owner of a new or existing residential dwelling, including attached or detached single family homes.
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 for construction or development of new single family residences that meet the Level I or Level II Accessibility Standards as defined in Section 52-18U(a) of the Montgomery County Code.
You will receive an impact tax credit against the Development Impact Tax for Public School Improvements in an amount between $500 and $2,000 per residence depending on the percentage of single family residences built that meet the Level I (VISITable) Accessibility Standards.
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 Accessibility Standards 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 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
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 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 Features listed in TABLE II below to meet the Level II (LIVEable) Accessibility Standard?
Yes, all of the Accessibility Features listed in Table II below must be 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 apply for Level I (VISITable) and Level I (LIVEable) Accessibility Standards?
New and existing residential dwellings, including attached or detached single family homes.
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.
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 make modifications that meet either Level I (VISITable) or 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 a PERMIT to install modifications that meet either Level I (VISITable) or Level II (LIVEable) Accessibility Standards?
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 Level I (VISITable) or Level II (LIVEable) Accessibility Standards PROPERTY TAX CREDIT?
- A copy of the building permit listing all the Accessibility Features.
- A copy of the Impact Tax Credit Certification Agreement for the property.
- 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.
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 Level I (VISITable) or Level II (LIVEable) Accessibility Standards to their houses?
You may apply in person BEFORE THE WORK STARTS at:
Montgomery County Department of Permitting Services
2425 Reedie Drice
7th Floor
Wheaton, 20902 MD
to receive a DFL permit to add Level I (VISITable) or Level II (LIVEable) Accessibility Standards 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 may be made in person at DPS.
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’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.
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
- 6. an accessible circulation path that connects the accessible entrance to an accessible kitchen
- 7. at least one accessible bedroom
- 8. a full bathroom that includes a walk-in or roll-in shower or tub
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 should be 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.
