Mslacat
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I am an architect working on the rehabilitation of a 3-story, 60-apartment building for elderly residents, which includes an elevator. The building was originally constructed in 1978 and has not undergone significant renovations since, aside from the replacement of finishes, doors, and appliances. This project involves a major renovation of both the building and its apartments.
As part of the rehabilitation, we are gutting three apartments to bring them up to current accessibility standards. In the remaining 57 apartments, we plan to replace all the tub/shower units. The owner has recently requested that we install 32x60 shower-only units instead of the existing tub/shower units. Currently, about 60% of the existing tub/shower units have had their sidewalls cut out at the tenants' request for a "Reasonable Accommodation," and many tenants have expressed a preference for walk-in showers.
This project is governed by the Fair Housing Act and ICC A117.1-2017. Since the building has an elevator, all apartments (except the three Type-A apartments) must comply with the requirements for Type-B apartments. My question is about the clear floor area requirements: I have the clear area requirements if I replace the tub/shower with a tub/shower transfer unit, but I do not have the clear floor area requirements if I install a shower unit in the same existing openings. Most of the bathroom walls are load-bearing, which complicates matters.
I have explained this to the owner, who wants to ask the other tenants to submit Reasonable Accommodation requests during the design phase, allowing us to install shower units without the required clear area in those apartments. While this approach might seem accessible for the HUD, I don't believe it would comply with either the Fair Housing Act or ICC A117.1-2017, leaving me, as the architect, open to potential litigation.
From a common-sense perspective, installing showers would better meet the accessibility needs of the tenants, reducing fall hazards. However, I feel my hands are tied by the regulations. Does anyone have any advice or insights? Am I missing something?
Thanks in advance for any comments.
As part of the rehabilitation, we are gutting three apartments to bring them up to current accessibility standards. In the remaining 57 apartments, we plan to replace all the tub/shower units. The owner has recently requested that we install 32x60 shower-only units instead of the existing tub/shower units. Currently, about 60% of the existing tub/shower units have had their sidewalls cut out at the tenants' request for a "Reasonable Accommodation," and many tenants have expressed a preference for walk-in showers.
This project is governed by the Fair Housing Act and ICC A117.1-2017. Since the building has an elevator, all apartments (except the three Type-A apartments) must comply with the requirements for Type-B apartments. My question is about the clear floor area requirements: I have the clear area requirements if I replace the tub/shower with a tub/shower transfer unit, but I do not have the clear floor area requirements if I install a shower unit in the same existing openings. Most of the bathroom walls are load-bearing, which complicates matters.
I have explained this to the owner, who wants to ask the other tenants to submit Reasonable Accommodation requests during the design phase, allowing us to install shower units without the required clear area in those apartments. While this approach might seem accessible for the HUD, I don't believe it would comply with either the Fair Housing Act or ICC A117.1-2017, leaving me, as the architect, open to potential litigation.
From a common-sense perspective, installing showers would better meet the accessibility needs of the tenants, reducing fall hazards. However, I feel my hands are tied by the regulations. Does anyone have any advice or insights? Am I missing something?
Thanks in advance for any comments.