ADA / CBC 11B-409.1 Private elevator: define "within" a dwelling unit?

[Yikes]

Background first, then 3 questions:
I have a not-for-profit client that for many years has operated an R-2.1 group home licensed for persons with mental disabilities.
They are accepting a federal-based grant to renovate the home, which makes it public housing subject to ADA and CBC-11B, and it needs a path of travel from the street to the front door.

The home is on a very steep hillside site. I would like to convert the garage into a new street entry foyer room (zero parking required in this zone), then install a residential-type elevator that leads from the garage up to the level of existing front porch (about 18' rise), opening onto a bridge that connects to the porch. So, the path leads from the interior of the former garage, back out to the exterior of the porch, then into the main house.

ADA/CBC 11B-409.1 defines private residential elevators as being "provided within a residential dwelling unit required to provide mobility features complying with 809.2 through 809.4".

• Q1: Is an R-2.1 Group Home considered a type of residential dwelling unit?
• Q2: When my elevator starts inside the new foyer (former garage) at the bottom, and exits outdoors before re-entering the main house, does it still qualify as "within" the dwelling unit?
• Q3: Because this is an alteration project, but not a "substantial alteration", it is not REQUIRED to provide all the mobility features of 809.2 through 809.4. Is it still appropriate to utilize a 409.1 private residence elevator to satisfy path-of-travel requirements?

 

[steveray]

Guessing the language should be more like "serving an individual dwelling unit".....Private is "not common" like multiple DU.....It can be multiple people in the same DU....and their guests...

[BE] PUBLIC-USE AREAS. Interior or exterior rooms or spaces that are made available to the general public.

 

[e hilton]

Can you think of the language as “within or for the sole benefit of” ?

 

[tmurray]

The way our code deals with group homes is that they are considered dwelling units and above a certain occupancy, other safety features must be implemented.

I would consider comparing this to a dwelling unit jointly rented by multiple, unrelated people who have private bedrooms, but the remainder of the dwelling is common area.

 

[mark handler]

Q1: Is an R-2.1 Group Home considered a type of residential dwelling unit?

IMPO; Yes, it is a residential dwelling unit(s). That is why it has a R, as a designation.​

Q2: When my elevator starts inside the new foyer (former garage) at the bottom, and exits outdoors before re-entering the main house, does it still qualify as "within" the dwelling unit?

IMPO; No, it is not within. If they were to enclose it then yes.​

Q3: Because this is an alteration project, but not a "substantial alteration", it is not REQUIRED to provide all the mobility features of 809.2 through 809.4. Is it still appropriate to utilize a 409.1 private residence elevator to satisfy path-of-travel requirements?

IMPO; Have them provide a letter from the State or Federal licensing agency stating that full accessibility is not required.​

 

[Yikes]

Q3: Because this is an alteration project, but not a "substantial alteration", it is not REQUIRED to provide all the mobility features of 809.2 through 809.4. Is it still appropriate to utilize a 409.1 private residence elevator to satisfy path-of-travel requirements?

IMPO; Have them provide a letter from the State or Federal licensing agency stating that full accessibility is not required.​

We are not replacing kitchen cabinetry or bath cabinetry, so per USDOJ we are not triggering "substantial remodel" in CBC 11B.
Yes, the owner does have an ongoing obligation to comply with ADA to the maximum extent feasible.
Their government funding source will not finance additional square footage (footprint). They will only finance alterations of existing square footage (footprint). The existing house was built in 1914 and it is technically infeasible to provide an accessible route to through top floor of the house. The hallways, doorways, etc. are too narrow. The place would be a tear-down.

But your point is well taken. The house is located in L.A. , so I may as well get a finding from LAHD's Neutral Accessibility Consultant (even though LAHD is not financing the project).

My "maximum extent feasible" goal is:

1. Accessible route to/through main floor + common areas.
2. At least one accessible bathroom and bedroom on the main floor level.

 

[mark handler]

I had a similar issue in another CA city. The state licensing agency refused to write a letter allowing the applicant, not to bring the property up to full accessibility.
They refused to license it without full CA 11A compliance.

 

[Yikes]

I can understand that, if it is a newer facility.
‘This is an existing facility that is already licensed. It predates 3/13/1991, so FHA and 11A don’t consider it a Covered dwelling.

 

[mark handler]

I can understand that, if it is a newer facility.
‘This is an existing facility that is already licensed. It predates 3/13/1991, so FHA and 11A don’t consider it a Covered dwelling.

Existing Non-Conforming, is not always compliant.

Does the Licensing agency want it to conform?
How much work is being done?

 

[Yikes]

Existing Non-Conforming, is not always compliant.

Does the Licensing agency want it to conform?
How much work is being done?

Sorry for the delayed response, I was on vacation. There is HCD grant money available to extend the useful life of the facility, as it is low-income residents.
With public money, it becomes public housing, and thus there is ADA liability exposure.

 

[Paul Sweet]

Can you use a LULA (Limited-Use/Limited-Application) elevator?

 

[Yikes]

Most LULAs are 208 volt, 3 phase. I'm trying to avoid a LULA due to it triggering a complete upgrade to the electrical service to the home property.