# Accessibility and Multi-building Condo Development



## Caitlin McKee (Nov 25, 2019)

Hello -  We have a project where the owner wants to convert all of his units to condos. There are 9 duplexes on the development. I know that for fair housing (and I think IBC) only buildings with 4 or more units apply. BUT, I'm assuming that since all 18 units are part of the same development, even though they are all duplexes, they will be viewed as an 18 unit multi-family project.

I would really appreciate any thoughts regarding this! Thanks! Caitlin


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## steveray (Nov 25, 2019)

2015 IRC.....
R320.1 Scope. Where there are four or more dwelling units
or sleeping units in a single structure, the provisions of Chapter
11 of the International Building Code for Group R-3 shall
apply.


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## mark handler (Nov 25, 2019)

I would Make the Sales Office and Amenities,  Accessible.
Tell your client to fix the unit that a disabled buyer is going to buy. That disabled buyer
should be able to pick the unit they want.
You do not know what disability they may have.
There may not be any disabled, there may be 10.


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## Caitlin McKee (Nov 25, 2019)

steveray said:


> 2015 IRC.....
> R320.1 Scope. Where there are four or more dwelling units
> or sleeping units in a single structure, the provisions of Chapter
> 11 of the International Building Code for Group R-3 shall
> apply.


Right -  but, I'm still pretty sure that if there aren't lot lines between the duplexes then the whole property is counted as 18 units and the regs apply... I just can't find anywhere that says it doesn't and I don't want to get a big surprise when we go to the city


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## Caitlin McKee (Nov 25, 2019)

mark handler said:


> I would Make the Sales Office and Amenities,  Accessible.
> Tell your client to fix the unit that a disabled buyers is going to buy. That disabled buyer should be able to pick the unit they want.
> You do not know what disability they may have.
> There may not be any disabled, there maybe 10.


That makes sense to me -  I'm just worried w/ how the city is going to view it.


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## ADAguy (Nov 25, 2019)

Are these single story? What of doorway & corridor widths? Covered or open parking?


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## classicT (Nov 25, 2019)

This is not a building code issues, but falls under the requirements of FHA.


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## Caitlin McKee (Nov 25, 2019)

Ty J. said:


> This is not a building code issues, but falls under the requirements of FHA.


 It's the same question regarding ANSI/IBC


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## Caitlin McKee (Nov 25, 2019)

ADAguy said:


> Are these single story? What of doorway & corridor widths? Covered or open parking?


single story, 36" entry door, uncovered parking lot


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## classicT (Nov 25, 2019)

Caitlin McKee said:


> It's the same question regarding ANSI/IBC


How so?

If two family dwellings, they would be constructed per the IRC. IRC does not provide scoping that directs to A117.1. Therefore, no requirements apply based upon building codes.

What does apply, given 4 or more units, is FHA. Owners are legally required to comply with FHA, but it is not a building code item; therefore, most Bldg. Dept.'s do not have any legal authority to enforce these requirements. Hopefully these departments will educate (as I do), but stay within their legal area of enforcement.


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## Caitlin McKee (Nov 25, 2019)

well... I could be wrong! We referenced the IBC on a similar scale apartment development (not condos) but maybe we could have used the IRC. This is interesting. so you think even though there are 9 two family dwellings (18 total) on one property it would still be IRC? Thanks for your help!


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## Caitlin McKee (Nov 25, 2019)

You already answered this question. I'll look into the IRC a bit more. Sorry moving a little fast over here  I appreciate the help.


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## classicT (Nov 25, 2019)

Caitlin McKee said:


> well... I could be wrong! We referenced the IBC on a similar scale apartment development (not condos) but maybe we could have used the IRC. This is interesting. so you think even though there are 9 two family dwellings (18 total) on one property it would still be IRC? Thanks for your help!


The first reply by Steveray (below) provides the code justification for scoping BTW.



steveray said:


> 2015 IRC.....
> R320.1 Scope. Where there are four or more dwelling units
> or sleeping units in a single structure, the provisions of Chapter
> 11 of the International Building Code for Group R-3 shall
> apply.



Per the scoping, "_Where there are four or more dwelling units or sleeping units *in a single structure*..._". As the two family dwellings are discrete buildings, and are not a common structure with 4 or more dwelling units, it is outside the scope of the IBC Ch. 11 requirements. 

As previously noted, it will not be outside of the FHA requirements though.


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## Caitlin McKee (Nov 25, 2019)

Ok thank you so much -  this is really helpful. I've never used the IRC (usually working on larger multi-family) and wouldn't have even thought of it. Glad I posted!


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## ADAguy (Nov 25, 2019)

What is the width of "interior" doors and corridors? Type of kitchen, a "U", walk through or Open plan?
What about parking, open air or covered, attached or lot?


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## mark handler (Nov 25, 2019)

Caitlin McKee said:


> That makes sense to me -  I'm just worried w/ how the city is going to view it.


tell them they are for sale units and you will convert - to suit- when needed.


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## Yikes (Nov 25, 2019)

You did not say what state or jurisdiction this is located in.  In California, our code refers back to a Q&A letter issued by the DOJ on 4/30/2013 interpreting the FHA.
https://www.hud.gov/sites/documents/JOINTSTATEMENT.PDF
Their answer to question #4 reiterates that duplexes (and triplexes) are not normally covered under FHA.

However, they do caution you to also check and see if any federal money (including tax credits) was ever used on the previous apartment project.  If so, then the duplexes would then be subject to section 504/UFAS.


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## mark handler (Nov 26, 2019)

Yikes said:


> You did not say what state or jurisdiction this is located in.  In California,


Vancouver, WA


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## Paul Sweet (Nov 26, 2019)

The Fair Housing Amendments apply to multifamily housing built for first occupancy after March 13, 1991.  If they were built before this the Fair Housing Amendments don't apply.


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## north star (Nov 27, 2019)

*% ~ %*

Welcome Caitlin, ...to the Building Codes Forum !  

Contact the Jurisdiction and have them tell you
what their legal requirements are [ in writing ],
before you start designing !

*% ~ %*


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