FHA and the raised balcony

[BayPointArchitect]

A new apartment located on floor 20 will have an outdoor balcony that is accessed only from within the individual dwelling unit. But the balcony needs to be 7 inches above the finish floor of the interior floor - creating the need for either a step up to the balcony or a ramp.

Question:

Does the designer need to include a ramp or can the designer include a note and other items to ensure "adaptability" if the tenant needs to install a ramp at a later date?

Thanks

ICC Certified Plan Reviewer
NFPA Certified Fire Plan Examiner

 

[ADAguy]

Hope the balcony slopes away from the unit, even then in a driving rain how is the unit protected?

 

[Mr. Inspector]

Ramp if is an Accessible, Type A, or Type B Unit

 

[Yikes]

FHA requires at least one accessible route into and through the unit, including an interior route that "connects with" the balcony door, but it does not require this accessible route to continue THROUGH the balcony doorway onto the balcony. Therefore the private balcony is not required to be accessible. I had a project where an otherwise very strict CASp showed me this. This project did have some CBC 11B/ADA units that needed a fully accessible private balcony, but he said all the other CBC 11A/FHA units could have a relatively big threshold drop onto their balconies.

From the FHA Design Manual, page 4.3:
"The Fair Housing Accessibility Guidelines (the Guidelines) specify that an accessible route be provided into and throughout the entire covered dwelling unit. The accessible route must pass through the main entry door, continue through all rooms in the unit, adjoin required clear floor spaces at all kitchen appliances and all bathroom fixtures, and connect with all secondary exterior doors."

 

[BayPointArchitect]

Perfect! Thank you.

 

[ICE]

FHA requires at least one accessible route into and through the unit, including an interior route that "connects with" the balcony door, but it does not require this accessible route to continue THROUGH the balcony doorway onto the balcony. Therefore the private balcony is not required to be accessible. I had a project where an otherwise very strict CASp showed me this. This project did have some CBC 11B/ADA units that needed a fully accessible private balcony, but he said all the other CBC 11A/FHA units could have a relatively big threshold drop onto their balconies.

From the FHA Design Manual, page 4.3:
"The Fair Housing Accessibility Guidelines (the Guidelines) specify that an accessible route be provided into and throughout the entire covered dwelling unit. The accessible route must pass through the main entry door, continue through all rooms in the unit, adjoin required clear floor spaces at all kitchen appliances and all bathroom fixtures, and connect with all secondary exterior doors."

This seems too odd to be correct. As in other codes, secondary doors have lesser requirements than does the primary exit door. They are even referred to as "other " doors.

Note that the design manual states, "throughout the entire covered dwelling unit". In your case the door leads to a screened in, covered balcony.

While your interpretation can lead to a balcony that is of no use to the occupant, I find it open to challenge.



Were it only the residential code that you have to deal with there would not be an issue.

R311.3.2 Floor elevations for other exterior doors.
Doors other than the required egress door shall be provided with landings or floors not more than 7 3/4 inches below the top of the threshold.

 

[Mr. Inspector]

ICC/ANSI A117.1 - 2009 under Type B units has this exception:
Where exterior deck, patio or balcony surface materials are impervious, the finished exterior impervious surface shall be 4" max. below the floor level of the adjacent interior spaces of the unit.

Accessible and type A units do not have this exemption.

 

[Yikes]

This seems too odd to be correct. As in other codes, secondary doors have lesser requirements than does the primary exit door. They are even referred to as "other " doors.

Note that the design manual states, "throughout the entire covered dwelling unit". In your case the door leads to a screened in, covered balcony.

While your interpretation can lead to a balcony that is of no use to the occupant, I find it open to challenge.

Were it only the residential code that you have to deal with there would not be an issue.

R311.3.2 Floor elevations for other exterior doors.
Doors other than the required egress door shall be provided with landings or floors not more than 7 3/4 inches below the top of the threshold.

1. In the case of FHA, "Covered" does not refer to a roof, or weather protection. A "covered dwelling" means a dwelling unit that is covered by (subject to) the regulations. The FHA manual states the requirement this way: "...all dwellings covered by the Fair Housing Act must meet the Guidelines."

2. FHA only requires the primary entry / required exit to be accessible. If that entry or exit is accessed via a balcony, then the balcony needs to be accessible. If the balcony is not part of a required exterior path of travel, then I don't see where FHA requires travel through the door and onto the balcony. I know it sound suspicious - - but show me where FHA requires it.

Here's an excerpt from the Joint statement / Q and A of HUD and DOJ, dated 4/30/2013. Notice the use of the word "may" where accessibility is optional, but not required.

"36. Which entrance to a covered dwelling unit or building containing covered
dwelling units must be accessible?

The primary entry to dwelling units that have individual exterior entrances or the primary
entry to a building containing covered dwelling units must be accessible. This entrance is
part of the public and common use areas because it is used by residents, guests and
members of the public for the purpose of entering the dwelling or building. It must
therefore be readily accessible to and usable by persons with disabilities. Service doors,
back doors, and patio doors may serve as additional accessible entrances, but may not
serve as the only accessible entrance to buildings or units. See Guidelines, 56 Fed. Reg.
at 9,500. See also United States v. Edward Rose & Sons, 384 F.3d 258 (6th Cir. 2004),
aff’g, 246 F. Supp. 2d 744 (E.D. Mich. 2003). "

FHA design guidelines say on page 3-10 that a deck door must be usable (hardware type and height, opening width etc.)., but the balcony deck itself, if it has a solid deck, is allowed to have a difference in elevation; the typical maximum is 4", but more can be allowed as per local code to prevent water infiltration. Clearly, if the balcony is higher than the unit interior, a greater difference in threshold is required to prevent reverse water intrusion.

​

 

[e hilton]

But the balcony needs to be 7 inches above the finish floor of the interior floor

Really curious about why the balcony must be 7" higher.