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Type B Unit

D

DwightB

Guest
IBC 2006: Client wants to maximize site (of course) so my design has 19 dwelling units, 10 in one building, 9 in another, separated by parking that meets the required 2 spaces per unit. One of the units is to be built handicapped accessible; it has one accessible parking space. Some units are single bedroom. One unit has an extra bedroom stolen for use as an office; it has one additional parking space. Very little open land exists inside the setbacks. Side yards are inadequate for additional parking. Table 1107.6.1.1 says only one unit must be an accessible unit, however, 1107.6.2.1.2 says ALL units must be Type B units (adaptable).

This section is designed to allow for the potential that any other unit could be transformed to suit handicapped accessibility requirements. Suppose several, or all (if this location should happen to become very desirable) were to be needed as handicapped units? How would the owner meet the need for additional handicapped accessible parking? There is no room for additional parking. Stormwater calculations will accommodate only the parking to be originally provided.

The regulation seems to set up a situation where up to 100% of the apartments must be designed to allow for wheelchair accessibility, but only one of the residents is provided an accessible parking space.

Is there a reasonable way to read it?
 
When tenant number two needs an accessible space, the Owner can restripe.

Failure to do so could form the basis for an FHA complaint.

The FHA process is unlike that of the ADA.

But no owner will really want to go down that road more than once.
 
You are kicking the can down the road if you do not plan for the future.

Warn your client, It is a potential liability issue, for the owner.

You will have done your due diligence with the "written warning" you are going to give your client.
 
Sounds to me like you have over-maximized the site, the maximum or limitting factor being the very situation you describe. If you haven't already given him a number of units just revise showing the adjusted number. If you have already said "we can get 19 units on your site", which I presume is why you ask if there is a "reasonable way to read it", then I guess all you can do is explain and provide options or advise of the liability and move on.

ZIG
 
Actually, the city told him he has room for 19 units. And, they told me today that a couple of Type B units will be enough, one being a single-bedroom style, the other being a 2-bedroom style.
 
DwightB said:
Actually, the city told him he has room for 19 units. And, they told me today that a couple of Type B units will be enough, one being a single-bedroom style, the other being a 2-bedroom style.
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DWELLINGS COVERED BY THE DESIGN REQUIREMENTS

The design requirements apply to buildings built for first occupancy after March 13, 1991, which fall under the definition of “covered multifamily dwellings.” See page 12 for a discussion of “first occupancy.” Covered multifamily dwellings are:

1. all dwelling units in buildings containing four or more dwelling units if such buildings have one or more elevators, and

2. all ground floor dwelling units in other buildings containing four or more units.

To be a covered unit, all of the finished living space must be on the same floor, that is, be a single-story unit, such as single-story townhouses, villas, or patio apartments. Even though raised and sunken areas are permissible in covered dwelling units, there are limitations to their use and they are discussed in Chapter Four: “Accessible Route Into and Through the Covered Unit.” Multistory dwelling units are not covered by the Guidelines except when they are located in buildings which have one or more elevators, in which case, the primary entry level is covered.

http://www.huduser.org/portal/publications/fairfull.pdf
 
separated by parking that meets the required 2 spaces per unit
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The number of parkings space usually come from zoning not the building code, I don't know about Fair Housing requirements but if they do not have a minimum amount then what's the problem. As long as the AHJ agrees parking may have to be reduced to 1 space per unit. Very unlikely

Look at the IBC physicall therapist offices require more HC parking spaces than a medical office. How many out there make them provide more? We don't we just allow the required number be reduced.
 
If I tried to tell zoning anything like this they would blow a gasket. You should have been a fly on the wall when I told them we had adopted street requirements in the IFC. Meltdown on a nuclear level. :devil
 
gbhammer: Just noticed your from Colorado. As I'm sure your aware Colorado has their own accessible housing regulations (CRS 9-5-103, 9-5-104 and 9-5-105) in addition to the FHA and IBC requirements. Be sure to check ALL three and use the most restrictive.
 
khsmith55 said:
gbhammer: Just noticed your from Colorado. As I'm sure your aware Colorado has their own accessible housing regulations (CRS 9-5-103, 9-5-104 and 9-5-105) in addition to the FHA and IBC requirements. Be sure to check ALL three and use the most restrictive.
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I lived in CO, graduated there, have family and friends there; but am now back east-ish of there.
 
Here in these parts there is no state code, and every time they try to legislate for one the HBA slams it into the ground lickety split.
 
If the city says you have room for 19 units then pose the same question to them about the parking. They are the regulatory entity regarding these issues are they not? Get it in writing and you're issue is resolved.

Do you think this is a case of the city not being aware of the regulation or is it a planning vs building department issue where one is unaware of the others regulations? Whatever the case, the conversation needs to happen with everyone in the room to avoid the he said she said scenario. Could be an interesting meeting to say the least.

Good Luck!

ZIG
 
Zoning here at our office would have required 1.5 space for each appartment that had one or two bedrooms, the logic behind the 1.5 is to provide for the potentiality of future ADA accessible spaces. Intiialy one ADA parking space is required for 1-25 spaces provided and for each 6 ADA parking spaces provided or fraction thereof a van-accessible space must be provided.
 
GBH.....I know the van space is required, but how would they assign it if there is only tennant parking being provided (as the OP seems to imply)? Is there a "common or guest" parking area?
 
Steveray,

The code and the zoning regs only address tenants and are the minimums required. Visitors spaces or extra spaces are the problem of the property developer. If they only provide the minimum then they may have problems keeping tenants.
 
It is up to property management to assign spaces according to the unit rented, we simply require them to have sufficient room.
 
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