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(2) Type A units required but (4) Different Unit Types.

Ryan Schultz

Registered User
Joined
Apr 2, 2012
Messages
266
Location
Madison, WI
Let's say code requires your building to have (2) Type A units.

Since it says you should distribute these units across the various unit types, what happens when you have (4) different unit types. Is there a stipulation on which (2) out of the (4) unit types should be Type A?
 
A good question for which I’m not sure if I have a good answer. If you have more of one type than another, then I would tend to make those the Type A units. Another option is to approach it based on data research—what type of units are predominately leased to persons with disabilities? (That’s a rhetorical question—I don’t know, but maybe the property management company might know what unit types are historically is more popular.)
 
I think it will come down to a matter of interpretation by the B.O. The requirement specifically states “at least 2 percent but not less than one of the units shall be a Type A unit” and “Type A units shall be dispersed among the various classes of units.” Although it does not specifically state that a Type A unit is required for each class of units—just “dispersed among” them—I could see how a B.O. would interpret it that way. It would probably be difficult to challenge.
 
It would make most sense to consider "classes of units" as the different number of bedrooms, rather than different layouts with the same number of bedrooms, and use the largest floor plan with that many bedrooms for the Type A unit so that nobody can say that the accessible unit isn't as nice as the non-accessible units.

However, laws, especially federal laws, aren't known for making sense.
 
---------- Forwarded message ---------
From: DSPS SB Building Tech <DSPSSBBuildingTech@wisconsin.gov>
Date: Thu, Jun 6, 2019 at 1:15 PM
Subject: 1107.6.2.2.1 RE: (2) Type A units required, but (4) unit types
To: Ryan Schultz <ryan.schultz@openingdesign.com>
cleardot.gif


Ms. Ryan Schultz:

Thank you for contacting the Department of Safety and Professional Services.

The code does not require which of the four unit types should be chosen. If there are multiple buildings on the site, then they types of units that are not found in the other buildings is required by federal fair housing rules. Code intent would be to place them in the two most dis-similar unit types, rather than in the most similar unit types found.


From: Ryan Schultz <ryan.schultz@openingdesign.com>
Sent: Thursday, June 06, 2019 10:52 AM
To: DSPS SB Building Tech <DSPSSBBuildingTech@wisconsin.gov>
Subject: (2) Type A units required, but (4) unit types


Hi,


Let's say code requires your building to have (2) Type A units.

Since it says you should distribute these units across the various unit types, what happens when you have (4) different unit types. Is there a stipulation on which (2) out of the (4) unit types should be Type A?


Thanks Kindly, Ryan
 
---------- Forwarded message ---------
From: DSPS SB Building Tech <DSPSSBBuildingTech@wisconsin.gov>
Date: Thu, Jun 6, 2019 at 1:15 PM
Subject: 1107.6.2.2.1 RE: (2) Type A units required, but (4) unit types
To: Ryan Schultz <ryan.schultz@openingdesign.com>
cleardot.gif


Ms. Ryan Schultz:

Thank you for contacting the Department of Safety and Professional Services.

The code does not require which of the four unit types should be chosen. If there are multiple buildings on the site, then they types of units that are not found in the other buildings is required by federal fair housing rules. Code intent would be to place them in the two most dis-similar unit types, rather than in the most similar unit types found.


From: Ryan Schultz <ryan.schultz@openingdesign.com>
Sent: Thursday, June 06, 2019 10:52 AM
To: DSPS SB Building Tech <DSPSSBBuildingTech@wisconsin.gov>
Subject: (2) Type A units required, but (4) unit types


Hi,


Let's say code requires your building to have (2) Type A units.

Since it says you should distribute these units across the various unit types, what happens when you have (4) different unit types. Is there a stipulation on which (2) out of the (4) unit types should be Type A?


Thanks Kindly, Ryan
It just goes to show you...it’s all a matter of interpretation.
 
I typically distribute evenly between the bedroom count of the units... It would be ridiculous if each unit type had to have a corresponding type A unit and I don't believe that was the intent of the code. Many times my buildings have a ton of unit types which would make 50%of my units need to be type A well over the required 10%
 
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