Condo elevator replacement

[Barnowl]

What are the obligations to address the needs of disabled owners when a condo building needs to replace an elevator? The project is expected to take 6-8 weeks, and the only elevator will be out of operation. In case it matters, all disabled occupants are unit owners, and the building is five stories tall, in CT, and was built in 1973.

 

[ICE]

That’s a tough one. The only option is another accommodation. That would be the responsibility of the individual owner.

 

[Mr. Inspector]

Ask your building code department how they will enforce this section in the IEBC:
305.2 Maintenance of facilities. A facility that is constructed or altered to be accessible shall maintained accessible during occupancy.

 

[Yankee Chronicler]

Connecticut first added A117.1-1961 to the State Building Code (as Article 22) in 1972 so, depending on when the permit was issued, there may not have been any accessibility requirements. The edition of A117.1 adopted in 1972 was the 1961 edition. It was pretty basic back then. I'm pretty certain the Connecticut statute requiring a percentage of units in multi-family projects to be accessible wasn't enacted until a number of years after 1973. This means that, under Connecticut law and code, dwelling units on upper floors may or may not (but probably not) have been required to be accessible.

On the other hand, the federal Fair Housing Act was enacted in 1968 and amended in 1988, so in 1973 the original Fair Housing Act would have applied, but the 1988 amendments would not. Unfortunately, I have not been able to find a copy of the original, unamended Fair Housing Act, so I don't know what it might have required in terms of accessibility for upper story units.

Are any of the units on the second through the fifth floors designated as "accessible" units?

 

[ICE]

What are the obligations to address the needs of disabled owners

What would you expect the other unit owners to to do? Is there an association that can address your questions?

 

[steveray]

I would go with the section that MI cited, but if you can prove the upper stories do not need to be accessible, that could give some relief....I know there is a new amendment coming to our 2026 code that will maybe clarify that this is (or can be) a building code issue...

 

[mtlogcabin]

IEBC Chapter 3 may not be applicable since the elevator replacement may be considered a repair and not part of the means of egress.

SECTION 404
MEANS OF EGRESS

404.1 General.
Repairs shall be done in a manner that maintains the level of protection provided for the means of egress.

The only option is the condo association providing alternate living facilities for that time frame. As a building department I would not get involved I belief it would be a civil matter between and individual and the condo association. Sometimes we just provide the code language.