Accessible Dwelling Units Required?

[Enginerd]

Situation:

Existing building (built before 1920, in a Historic district in PA) with no accessible entrance. Assembly use on the 1st floor - restaurant and bar; no accessible restrooms

A total of 22 sleeping units (transient) exist on the 2nd and 3rd floor. Non-accessible, communal bathrooms on the 2nd and 3rd floor. No elevator. Fire escape from rear of central corridor in the back, non-enclosed stairwell in the front of the building.

The building owner would like to convert one of the floors to non-transient dwelling units with individual bathrooms in the units, combining multiple rooms. (Level 2 alteration)

The building owner would also like to update the remaining sleeping units. (Level 1 alterations)

Question:

Must an elevator be provided? Do any of the units have to be accessible? Type A? Type B?

Thanks for your thoughts!

 

[mark handler]

First of all the Assembly use on the 1st floor - restaurant, bar and restrooms must be accessible per the ADA

Second, all ground floor dwelling units in buildings containing four or more units must be accessible.

All states and many cities and counties have developed their own building codes for accessibility, usually based in whole or in part on the specifications contained in the major national standards. Many states also have provisions that a certain percentage (often 5%) of new multifamily housing must meet more stringent physical accessibility requirements than required under the Fair Housing Act.

Federal Fair Housing Act.

Multistory dwelling units are not required to be accessible except when they are located in buildings which have one or more elevators, in which case, the primary entry level is covered, all ground floor dwelling units in buildings containing four or more units must be accessible. You do not need to add elevators, but if you do....

 

[Builder Bob]

Mark, Correct me if i am wrong, but FHA is for first occupancy. In this case, it may be a change in the building code for use - R2 to R1, but I don't think FHA kicks in since these already have been occupied.

Second, in existing buildings, accessibility has to be enhanced in the primary areas - I believe that they may be ok if they install or modify the individual dwelling units and/or bathrooms for each dwelling unit to meet the accessible clearances requried for type B dwellings.

I don't think that an elevator has to be installed -but if installed, it would have to be accessible.

 

[peach]

wishing doesn't make it so... lot's of existing building (historic or not) have no accessible entrance.

It's not a building code issue - it's a DOJ problem for the owner.

 

[mark handler]

Mark, Correct me if i am wrong, but FHA is for first occupancy. In this case, it may be a change in the building code for use - R2 to R1, but I don't think FHA kicks in since these already have been occupied.

The Fair Housing Act applies to both new and existing multifamily housing developments. There are differing requirements, REASONABLE MODIFICATIONS. must be made in existing housing.

http://www.huduser.org/portal/publications/fairfull.pdf

You are not enpowered to enforce the federal Fair Housing Act, but each state has it's own Fair Housing Act. you maybe empowered to your states Fair Housing Act.