# commercial conversion to residential



## mayjong (Mar 20, 2017)

hello-
I have California, non-  elevator two story commercial building, originally constructed in 1974.
owner wants to convert to a 3 unit apartment complex, 1 unit upstairs, 2 units downstairs. I originally assumed the downstairs units would need to be accessible/adaptable per 11A.
However, after reading 11A definition of “addition”, “newly-constructed”, and “covered multi family building” I am not so sure. as a matter of fact, I now don’t believe any of the provisions of 11A apply.
am I missing something? is it the intent of the code that a “conversion” doesn’t need to be accessible? I find that hard to believe, but that is what I am reading…
what do you think?

thanks!


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## JPohling (Mar 20, 2017)

You may get some more informed answers, but my gut feel is that if this is a "change in use"  then it would need to comply fully with the accessibility codes for new construction, not an existing building.


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## steveray (Mar 20, 2017)

Not sure about Cali, but here you would need at least 1 Type A unit downstairs and everything else would be B


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## fatboy (Mar 20, 2017)

Sounds like a "change of use" to me, applicable codes for new construction would apply.


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## khsmith55 (Mar 20, 2017)

Like Steveray I'm not familiar with Cali either but here are my 2 cents. Since there are less than 4 units neither the IBC nor the Fair Housing Act require accessibility.


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## mayjong (Mar 20, 2017)

im familiar with the "change of occupancy" trigger....
BUT
section 1101A. "Application" lists 5 items where 11A applies, and this building meets none of those...
11A doesn't say anything about change of occupancy (or use)being a trigger. im in a real quandary here


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## ADAguy (Mar 20, 2017)

When in doubt, error on the side of Access, better for seniors too.

Then again Smith has identified a potential "weasel" clause.


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## Paul Sweet (Mar 21, 2017)

It's not a "weasel clause".  It's where the federal law draws the line.  However, California might have a different threshold for requiring access.


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## ADAguy (Mar 21, 2017)

In California you lose if you have 3 or more units:
*
Per CBC:

Do all the living units in an apartment building need to be accessible?*

Accessibility is required to all covered multifamily dwellings on the lowest floor in buildings without elevators. Certain exceptions apply to multistory units, or smaller buildings such as single or duplex units. In covered multifamily dwellings in buildings with elevators, all units are required to be located on an accessible route. Within the units, the requirements are for accessibility are allowed to be for adaptable dwelling units.

*What is a "covered multifamily dwelling"?*

"Covered multifamily dwellings" are all dwelling units in buildings consisting of three or more privately funded dwelling units if such buildings have one or more elevators; and *all ground floor dwelling units in other buildings consisting of three or more dwelling units.*


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## Timothy M. Stone (Mar 22, 2017)

1st thing I would do is check with codes official who will be issuing c/o, 
2nd, per ibc:
       •no elevator req'd under 3story's
       • changing use typically require to bring within current code
       • only 2% of units will need to be accessible and the other on 1st floor adaptable
       • I know with exist. bldgs there is some "wiggle room" when changing use to meet
          code especially on slope's and ramps


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## ADAguy (Mar 23, 2017)

Not in Calif. Tim, note initial question and my cite above.


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## Rick18071 (Apr 4, 2017)

Don't know about CA codes but 2015 IBC only wants type A units if you have more than 20 apartments and type B units if you have 4 or more apartments.


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## ADAguy (Apr 4, 2017)

Rick, please read his initial ? before you reply.
He is not in an IBC state.
This is a California ? It is a 3 or more state.


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