I am looking to build a 2 story 5 Unit mixed use building with 2 commercial spaced on the first floor, total of 2,500 sq ft on floor 1. On the second floor above I want to put 3 one bedroom apartments equaling a 2,500 sq ft. for floor 2. The total square footage would be approx 5,000 sq ft.
My two questions are, do I need an elevator? And do I need sprinklers?
I've read that there is an exemption for commercial if each floor is under 3,000 sq ft that it doesn't need an elevator but wasn't sure how that applied to the residential units. Below I believe states that this would not fall under a "covered Multifamily Dwelling" I know that there are 5 total units but only 3 are dwelling units and on the Fair Housing requirement it says:
Commercial Space
Q. If a building includes three residential dwelling units and one or more commercial spaces, is the building a covered multifamily dwelling under the Fair Housing Act?
A. No. Covered multifamily dwellings are buildings consisting of four or more dwelling units, if such buildings have one or more elevators; and ground floor dwelling units in other buildings consisting of four or more dwelling units. Commercial space does not meet the definition of dwelling unit. Note, however, that title III of the ADA applies to public accommodations and commercial facilities, therefore an independent determination should be made regarding applicability of the ADA to the commercial space in such a building (see the introduction to these questions and answers, which provides some background on the ADA).
My two questions are, do I need an elevator? And do I need sprinklers?
I've read that there is an exemption for commercial if each floor is under 3,000 sq ft that it doesn't need an elevator but wasn't sure how that applied to the residential units. Below I believe states that this would not fall under a "covered Multifamily Dwelling" I know that there are 5 total units but only 3 are dwelling units and on the Fair Housing requirement it says:
Commercial Space
Q. If a building includes three residential dwelling units and one or more commercial spaces, is the building a covered multifamily dwelling under the Fair Housing Act?
A. No. Covered multifamily dwellings are buildings consisting of four or more dwelling units, if such buildings have one or more elevators; and ground floor dwelling units in other buildings consisting of four or more dwelling units. Commercial space does not meet the definition of dwelling unit. Note, however, that title III of the ADA applies to public accommodations and commercial facilities, therefore an independent determination should be made regarding applicability of the ADA to the commercial space in such a building (see the introduction to these questions and answers, which provides some background on the ADA).