CBC 11A or 11B for Temporary Stays in Residential Facility?

[arwat23]

I'm trying to determine which chapter of the CBC applies to a project I'm working on. The project is a alterations in a privately owned covered multifamily dwelling (retirement condos). The area of work is a few ground-floor units that are for guests or (maybe) employees to stay in for a few nights.

I would assume it's 11B for those units since it's similar in function to a hotel (short stays), but I'm getting push back from others on the team who think it's 11A since it's in a private residential facility. Could someone please clear up what chapter applies in this situation?

 

[Yikes]

Your situation sounds similar to the AirBnB / VRBO discussions I've been seeing recently. Check out this post by an attorney: https://nochumson.com/the-applicabi...sability-act-to-short-term-rental-facilities/
I realize that is for ADA, but since CBC 11B is modeled on ADA, it may be informative.

On the other hand, another way to look at it is that the guest/employee lodging is a "common use areas" covered by 11237A rather than a "public use facility" covered by 11B.

From CBC 202:
Common Use Areas [HCD 1-AC]
Private use areas within multifamily residential facilities where the use of these areas is limited exclusively to owners, residents and their guests. The areas may be defined as rooms or spaces or elements inside or outside of a building.

Question: would an employee be considered a representative of the "Owner"?

 

[arwat23]

Your situation sounds similar to the AirBnB / VRBO discussions I've been seeing recently. Check out this post by an attorney: https://nochumson.com/the-applicabi...sability-act-to-short-term-rental-facilities/
I realize that is for ADA, but since CBC 11B is modeled on ADA, it may be informative.

On the other hand, another way to look at it is that the guest/employee lodging is a "common use areas" covered by 11237A rather than a "public use facility" covered by 11B.

From CBC 202:
Common Use Areas [HCD 1-AC]
Private use areas within multifamily residential facilities where the use of these areas is limited exclusively to owners, residents and their guests. The areas may be defined as rooms or spaces or elements inside or outside of a building.

Question: would an employee be considered a representative of the "Owner"?

I just learned (like 2 minutes ago - great timing, I know) at these units are only for guests. No employee use. It also meets that Common Use Area definition you posted.

These units are also don't function the way I was originally told they function... These units function as, essentially, a "second bedroom" for guests of residence in the building and they don't meet the definition of "Public Accommodation".

11A it is. Thanks!