Accessibility for apartments over commercial in a small 2 story building

[thomasfagan]

I am designing a small two story, 10000sf mixed use project. Desired program is 5000sf ground level commercial, 5000sf 2nd level residential.

My understanding is if we break the residential up into 3 or less apartments, then none of them would need to be accessible units, and we would not need an accessible route to the 2nd level. If we break them up into 4 or more units then all of chapter 11 would apply and we would need to provide an accessible route to all units on the 2nd level. Did I get this right?

 

[Yikes]

1. Where is the project based (so we know the applicable code)?
2. If this a new building, or renovation of an existing building?
3. Are these private dwelling units, or are you getting funding for them form a public source?

 

[thomasfagan]

1. Where is the project based (so we know the applicable code)?
2. If this a new building, or renovation of an existing building?
3. Are these private dwelling units, or are you getting funding for them form a public source?

Oregon. 2022 OSSC which is based on 2021 IBC
New building
Privately funded.

Thanks!

 

[Yikes]

It appears that 1108.6.2.2.2 covers "four or more dwelling units", which mirrors the language of the Federal Fair Housing Act.
https://www.huduser.gov/portal/publications/PDF/FAIRHOUSING/fairfull.pdf

Here in California, that scope was changed to apartment developments with 3 or more dwellings (such as yours), or condo developments with 4 or more dwellings. That's why it's helpful to clarify the project's location.

Back to your original question: yes you generally got it right. There are a few obscure exceptions, for example:
If the apartments above are dedicated employee housing for the occupancy below, such that living in the apartment above is a necessary condition of employment on the first floor (caretaker's house, a firehouse, etc.), then the residence is actually part of the place of employment and subject to Title II of ADA.