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Dwelling units NOT covered under 11A. ANY accessibility requirements?

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pt26

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Joined
Apr 21, 2022
Messages
6
Location
Oakland, CA
Hi there, thank you in advance for your help.
The codes are so incredibly circular and unclear about when accessibility applies, and when it doesn't.

Let's consider a small 3-story multifamily building with no elevator. Say 4 units per floor. All units are single story.
A completely prototypical building with nothing irregular, for the sake of example.

Under Ch. 11A, I understand that the upstairs floors are not "covered."
Then do we truly understand that to mean, the 2nd and 3rd floors of such a building are 100% exempt from ADA?

And how does this intersect with IBC Sec. 1009 "Accessible Means of Egress?"
i.e., Since the 2nd and 3rd floors are not "covered," and therefore not ADA compliant, this would also mean they are not "accessible,"
and therefore, it would appear that ICC Sec. 1009 does not apply to these floors. Is that accurate?

If all that is true, it would seem accurate to say simply:
The upper floors of a prototypical apartment building (without elevator) have no accessibility requirements whatsoever, under code.
Except perhaps as may apply to any common use areas under FHA guidelines.

Am I missing anything?
 
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It seems nobody really knows where the accessibility regulation and liability ends.
It's shrouded in mystery.
 
In new construction of a typical private apartment building, ADA doesn’t apply. Fair Housing does apply, which includes ANSI A117.1-1986 by reference for common areas. Of course, there are safe harbors for that, such as the more recent editions of ANSI A117.1.
 
California has some unique accessibility requirements. They also have a lot of attorneys looking for excuses to sue for the slightest discrepancy from ADA or FHA accessibility requirements.
 
A 3-story multifamily building with 4 units per floor.
This equals 12 units.
IMPO, you are not exempt from CBC 11A. Unless this is an Existing Buildings
CBC 1102A.2 Existing Buildings
  • The building standards contained in this chapter do not apply to the alteration, repair, rehabilitation or maintenance of multifamily dwellings constructed for first occupancy prior to March 13, 1991.
  • Covered multifamily dwellings shall be maintained in compliance with the accessibility standards in effect at the time of construction. Apartments constructed prior to March 13, 1991 shall be maintained in compliance with the accessibility standards in effect at the time of construction.
  • Additions shall be subject to the requirements of this chapter, provided the addition, when considered alone, meets the definition of a covered multifamily dwelling, as defined in Chapter 2. New common use spaces serving existing covered multifamily dwellings shall be subject to the requirements of this chapter.
 
Thanks:)

Jay, ADA would absolutely apply to the ground floor of any new multifamily building. At the ground floor, your only exemptions to ADA are for single family houses or animal barns.

Paul, I agree this accessibility issue has become the 3rd rail of the design industry. The liability is so high, and the language is so obtuse. As a licensed sole practitioner it's the one thing that keeps me up at night, more than anything else.

Mark, I believe the upper floors should be exempt if there's no elevator. (Note, if you build a 4th story, you must have an elevator. So the only apparent exemption available for upper floors, is for a non-elevator apartment building with 2 or 3 stories.)

In any case, I would interpret Section 1009 as applying only to areas of a building subject to ADA. Even though, the language doesn't make that clear.
For example, that would mean that an egress stair leading from the 2nd story of a non-elevator appt building would not have to be ADA compliant, because that 2nd story is exempt from ADA-- even though the ground floor must be compliant.

If any experienced architects believe otherwise, please tell me I am wrong! :) Thanks everyone
 
pt26 said:
Thanks:)

Jay, ADA would absolutely apply to the ground floor of any new multifamily building. At the ground floor, your only exemptions to ADA are for single family houses or animal barns.

Paul, I agree this accessibility issue has become the 3rd rail of the design industry. The liability is so high, and the language is so obtuse. As a licensed sole practitioner it's the one thing that keeps me up at night, more than anything else.

Mark, I believe the upper floors should be exempt if there's no elevator. (Note, if you build a 4th story, you must have an elevator. So the only apparent exemption available for upper floors, is for a non-elevator apartment building with 2 or 3 stories.)

In any case, I would interpret Section 1009 as applying only to areas of a building subject to ADA. Even though, the language doesn't make that clear.
For example, that would mean that an egress stair leading from the 2nd story of a non-elevator appt building would not have to be ADA compliant, because that 2nd story is exempt from ADA-- even though the ground floor must be compliant.

If any experienced architects believe otherwise, please tell me I am wrong! :) Thanks everyone
Click to expand...
ADA applies to places of public accommodation. Private apartment buildings are beyond the scope of ADA. Leasing office, sure. Private residences, no.
 
Jay Smith said:
ADA applies to places of public accommodation. Private apartment buildings are beyond the scope of ADA. Leasing office, sure. Private residences, no.
Click to expand...
There are privately owned and privately developed apartments all over the country built without ties to places of education or public housing. They very often are built with no Accessible units, even on the ground floor. In Texas, we have a state agency governing accessibility standards equal to those of the ADA and that agency doesn’t review or inspect those buildings beyond the leasing office.

My point is about the scope. Yes, there are accessibility requirements in a private apartment building. We get to them through Fair Housing and the building code.
 
Bewary of buildings being bought with units then used as B n B's, they are not then "0wner occupied" apartments and must be accessible when used as B n B's
also if only 1st floor is accessible you discriminate the upper floors by limiting visitation to them, contrary to code minimums.
 
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