# CBC 11A / FHA: separate buildings over common subterranean parking garage



## Yikes (Oct 28, 2021)

I have a client who wants us to design a small condo complex consisting of a common subterranean parking garage with a concrete deck at grade level.
On this podium, we will have two structures: one duplex and one triplex, with a open-air courtyard between them.  All 5 units are multistory townhomes, and all are condominiums.  There is currently no elevator planned for the site.
CBC 1102A and 1102A.3 says that (multistory) condos with 4 or more dwelling units per building are covered multifamily dwellings.

*Question:  
Because the two separate buildings (duplex and triplex) sit on top of a common podium over the subterranean parking garage, are they actually considered as a single structure, and thus are covered multifamily dwellings?  *
There is no above-grade structure that connects the two buildings; the only connection is the common parking garage below grade.

If hey are covered, 1102A.3.1 will require at least one town home to have its ground floor accessible (kitchen, powder room, etc.).  More significantly, 1009A would require the parking for that unit to be accessible, so they'd need a lift or elevator down to the garage.


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## steveray (Oct 29, 2021)

I thought most of our CT stuff said units per site, not per building....But if building is the requirement in CA then go with your definition of building... not site or structure....Certainly gray

CT amendment
(Amd) 1107.6.2.2.1 Type A units. In Group R-2 occupancies containing more than 20 dwelling
units or sleeping units, at least 10 percent of the units shall be a Type A unit in accordance with
ICC/ANSI A117.1-2009. All R-2 units on the site, within the building or within the complex, shall
be considered to determine the total number of units and the required number of Type A units.
Type A units shall be dispersed among the various classes of units. Bedrooms in monasteries
and convents shall be counted as sleeping units for the purpose of determining the number of
units. Where the sleeping units are grouped into suites, only one sleeping unit in each suite shall
count towards the number of required Type A units.
Exceptions:
1. The number of Type A units is permitted to be reduced in accordance with Section 1107.7.
2. Existing Group R-2 buildings or structures on a site or within a complex shall not contribute
to the total number of units on a site.

[A] BUILDING. Any structure used or intended for supporting
or sheltering any use or occupancy.

[A] STRUCTURE. That which is built or constructed.


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## Joe.B (Oct 29, 2021)

Just a thought but could you design two structurally independent podiums that happen to be nearly touching or a couple feet apart with a bridge connecting them? That way they are clearly two separate structures, you could even have a lot line between them.


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## Yikes (Oct 29, 2021)

steveray said:


> I thought most of our CT stuff said units per site, not per building....But if building is the requirement in CA then go with your definition of building... not site or structure....Certainly gray



CBC 1102A.1 says:
Buildings or portions of buildings and facilities within the scope of this chapter shall be accessible to persons with disabilities. *Each building on a building site shall be considered separately *when determining the requirements contained in this chapter...

My scenario looks like this in longitudinal section:


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## Yikes (Nov 2, 2021)

Bumping this thread, looking for a response to post #4.


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## Jean Tessmer-HI (Jan 8, 2022)

Depends on when the buildings were built.  If built before March 13,1991 for first occupancy.  If it was then you don't need to worry about FHA.


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## Jean Tessmer-HI (Jan 8, 2022)

If the buildings were built after March 13, 1991 then all ground floor units are covered by the FHA.  It looks like maybe the different buildings were built at different times?


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## Jean Tessmer-HI (Jan 8, 2022)

Sorry I missed the word design.  So this is brand new.  I would recommend looking at how FHA looks at Carriage multifamily dwelling units.
Also there appears to be a ground floor level connecting both buildings which I think would mean you need both buildings ground floor units to meet FHAG.  If you have elevators in the buildings you will need all floors to meet FHAG.


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## ADAguy (Jan 9, 2022)

Why are you trying to "avoid" providing accessible units?


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## Jean Tessmer-HI (Jan 10, 2022)

ADA guy - I am sorry I don't not understand the premise of your question?  My answer is from the FHAG which defines the limits of the FHA.


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## Jean Tessmer-HI (Jan 10, 2022)

I guess you were talking to Yikes.


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## Jean Tessmer-HI (Jan 10, 2022)

Yikes said:


> CBC 1102A.1 says:
> Buildings or portions of buildings and facilities within the scope of this chapter shall be accessible to persons with disabilities. *Each building on a building site shall be considered separately *when determining the requirements contained in this chapter...
> 
> My scenario looks like this in longitudinal section:
> ...


Is the bottom floor that appears to be at grade, the first floor of the dwelling unit or is it empty and with dwelling starting on the second floor?
If the first floor is a part of the occupied dwelling unit then the first floor only would be required to comply with FHAG.  If there is only a half bathroom on the ground floor (instead of a full bathroom) level then that half bathroom would need to comply with paragraph (a) of 7(2) of the FHAG.  The second story level within the multistory triplex or multistory duplex with interior stair ways would not be covered by FHAG.  Let me know if you need more information.  Unfortunately I am am not familiar with CA laws on Multifamily units with more than 4 unit dwellings in each pod.  I am assuming there are more than four units per building pod.  If not then none are covered by the FHAG.  It has to have more than four dwelling units in each building pod.   FHAG looks at connected units such as duplex or triplexs with four or more dwelling units in that building.


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## Jean Tessmer-HI (Jan 10, 2022)

When I am talking paragrah (a) in FHAG 7(2) it does not equate in any way with ICC A units or B units.  HUD says the contractor  or developer can choose which safe harbor they want to use.  I am strictly talking about the safe harbor from HUD called the FHAG (fair housing act guidelines) and the 1994 supplement (with minimal adaptable dwelling design) to the FHAG coupled with the ANSI A117.1 1986 for public areas.  These federal statutes are all still relevant currently for multi-family housing with four or more dwelling units in a multi-family building pod such as duplex or triplexes.  ICC cannot and does not enforce Federal FHA even though HUD has said certain ICC code can be used FHA compliance.  The DOJ enforces the FHAG for HUD.  I am not sure if the CA code is sanctioned by HUD as being equivalent to the FHAG and FHA.


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## Yikes (Jan 19, 2022)

Jean and ADA, sorry I missed your responses on Jan 10th.
 Yes, California has an 11A code that appears to be modeled on FHA, using similar terms such as "covered multifamily dwellings" (CMD) to describe scope.

The issue for this client relates to the parking.  This project is on an extremely tight site, and if there is a CMD the project will shrink from a 5 units to 4 units, a 20% reduction in the size of the development.

Once one or more units becomes a CMD, then:
1.  The underground parking needs to have a accessible stall, which will take away an 8'x18' space (we'll lose a zoning-code required parking stall).
2.  The subterranean parking will then need an accessible path of travel - in this case, an elevator, LULA or wheelchair lift - from the accessible stall to the CMD.  This will wipe out yet another parking stall, and it will also take away from zoning-code required open space at the ground level.
The site is so tight that the loss of even one stall will result in the loss of a dwelling unit.

I think developer bought the land based on an appraisal that indicated the site was zoned for 5 units.  A CMD will make it almost impossible to get 5 units, and will make 4 units very expensive.

To recap, the problem is not making the multistory units 11A accessible,  The problem is making the subterranean parking accessible for CMDs without killing the project.  The workaround is to see if there's a way to avoid CMDs altogether.
I'm just seeing if CBC-11A and FHA considers the above-ground buildings separately even if they are sitting on top of a common underground parking garage.


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## Jean Tessmer-HI (Jan 19, 2022)

I understand your conundrum.  Unfortunately from my understanding, which is based on the term "carriage dwelling units" which are stacked on top of garages (the floor plan foot print need to be over the two car garage) which are on the common first floor grade.  The Carriage units are not considered CMD's, because there is no elevator or access route to the entry doors from the ground floor common grade.  Justification would be needed such as local planning department parking requirements etc.  There is a letter that HUD has with this interpretation.  All of the carriage dwelling units are not considered CMD's because there is no surrounding on grade accessible route to them.  The sketch you showed has a common route on the first grade which will end up making all the units on the common grade CMD's.  FYI multi family units with interior steps to internal floors are also not consider CMD's by FHA because the entire floor in not on the grade.  I hope this helps.


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## Jean Tessmer-HI (Jan 19, 2022)

HUD also recognizes there is a desparate need for affordable housing and affordable work force housing.  Families really need this kind of help.  Will this project be privately funded or state of federally funded?  That also makes a difference.


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## Yikes (Jan 19, 2022)

Yeah, unfortunately these cannot technically be called "carriage units" because in the process of trying to squeeze in all of the parking stalls, back-out aisles, etc., there is no way to design the parking so that the stalls for the unit are only directly under the footprint of the unit above.

Yes, it is 100% privately financed.


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## Jean Tessmer-HI (Jan 19, 2022)

Can you go with less than 4 multi family units per pod?


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## Yikes (Jan 19, 2022)

Yes.  As shown in post #4, one pod(building above grade)  has 3 units, and one pod has 2 units.  Total project is just 5 units.


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## Jean Tessmer-HI (Jan 19, 2022)

That should do it.


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## Yikes (Jan 21, 2022)

Jean Tessmer-HI said:


> That should do it.


Just to be clear:
By "that should do it", do you mean "yes" it is OK to consider the above-grade buildings separately,  and  a 2-unit building and a 3 unit-building sitting on top of a common subterranean parking garage will NOT trigger FHA "covered multifamily dwellings" and therefore I conclude that there will be no accessible resident parking required by FHA of CBC 11A.

Is this correct?


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## Jean Tessmer-HI (Jan 21, 2022)

That is my understanding.  Any multifamily projects with under 4 dwelling units are not considered FHA covered units.  
Here are the citations for your reference.  You can also go to the two citations.  I cannot tell you what is ok and not ok.  I can share the statutory information for your reference.  I cannot speak at all to the CBC issues.

*FR 56 March 6,1991 page 9473* 
The Act defines "covered multifamily dwellings" as "(a)* buildings consisting of 4 or more units *if such
buildings have one or more elevators; and (b) ground floor units in other buildings consisting of 4 or more units" (42 U.S.C. 3604).

*42 USC 3604(f)(7)* as referenced in the FR 56 March 6,1991 page 9473 also know as the Fair Housing Act Guidelines.
(7) As used in this subsection, the term "covered multifamily dwellings" means-
(A)* buildings consisting of 4 or more units* if such buildings have one or more elevators; and
(B) ground floor units in other buildings consisting of 4 or more units


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## Mark K (Jan 22, 2022)

From a structural perspective it is fairly common to have multiple wood framed structures on top of a common concrete structure.  This is one building not too   different from the case where multiple highrise's are placed on a common base structure.  There are special provisions to deal with this type of structure.  The fact that the concrete portion is essentially below grad does not change this.


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## Jean Tessmer-HI (Jan 26, 2022)

Yikes,
In case you need to see other multifamily units that are not covered by the FHAG here is another example.

FR 56 3/6/91 - 9481 FHAG - Preamble Comment. (Townhouses) Several commenters requested clarification concerning whether townhouses are covered multifamily dwellings.
Response. In the preamble to the Fair Housing regulations, the Department addressed this issue. Using an example of a single structure consisting of five
two-story townhouses, the Department stated that such a structure is not a
covered multifamily dwelling if the building does not have an elevator, because the entire dwelling unit is not on the ground floor. Thus, the first floor of a two-story townhouse in the example is not a ground floor unit, because the entire unit is not on the ground floor. In contrast, a structure consisting of five single-story townhouses would be a covered multifamily dwelling. (See 54 FR 3244; 24 CFR Ch. I, Subch. A, App. I at 575-576 (1990).) - 54 FR 3244, 3251 (January 23, 1989) preamble to the Department's regulations implementing the Act;

54 FR January 23, 1989 3243 - Section 100.201 Definitions. Covered Multifamily Dwelling.  A “covered multifamily dwelling” means buildings consisting of 4 or more dwelling units if such buildings have one or more elevators; and ground floor dwelling units in other buildings consisting of 4 or more dwelling units.  The preamble of the proposed rule explained that a single structure consisting of 5 two-story townhouses is not a "covered multifamily dwelling" if the units do not have elevators, because the entire dwelling unit is not on the ground floor.  In contrast, a single-story townhouse is a covered multifamily dwelling.  A number of commenters agreed with this interpretation; some reasoned that townhouses are not multifamily buildings because each unit typically has a separate outside entrance.


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