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2009 IBC 3411 / Fair Housing Act

codewonk

Member
Joined
Nov 25, 2009
Messages
15
Location
Orygun
It appears that the scope of Section 3411 of the 2009 IBC is much broader than the scope of the Fair Housing Act (FHA). Per the FHA Design Manual: "The design and construction requirements of the Fair Housing Act and the Guidelines apply only to new construction of housing built for first occupancy after March 13, 1991."

In short, the FHA is not applicable to apartments constructed prior to March 13, 1991. This includes alterations to those units constructed previous to the 1991 date. The scope of the IBC seems to capture all such alterations, regardless of the number of units added, which is considerably more restrictive.

In addition, the FHA is not applicable to conversions of existing buildings resulting in apartments. Again, the scope of the IBC seems to capture all such conversions.

I understand that the IBC is and can be, more restrictive than both the 2010 ADA Standards and the Fair Housing Act. I just want to be sure I’m understanding the scope of 3411 correctly.

Your thoughts would be greatly appreciated.
 
There are some other cases where IBC is more restrictive than ADAAG. Two that come to mind are churches, which ADAAG generally exempts, and the elevator exemption for multi-level buildings, where IBC is 3000 SF total vs. 3000 SF per floor for ADAAG.
 
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