# Access to multi-buildings Group R-2



## T-Bird (Aug 20, 2018)

I'm considering a site plan concept for a new apartment project. The site would contain 3 buildings, one 48 unit building (3 stories over below-grade parking) and two 12 unit buildings (3 stories over at-grade parking.)

If I provide the 48 unit building with elevators and stairs can the 12 unit buildings have walk-up access to the units and not provide elevator service? The vertical circulation would be shared by two units per floor (six units total.)

In other words, can the large building shoulder all the accessibility requirements for the site?


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## ADAguy (Aug 21, 2018)

Interesting question, are they connected by bridges?


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## Francis Vineyard (Aug 21, 2018)

It depends. Note the code provision 1107.7.4 below is "safe harbor" and replicates the *Fair Housing Act Design Manual*

*SITE.* A parcel of land bounded by a lot line or a designated portion of a public right-of-way.

*1107.7.4 Site impracticality.* On a site with multiple nonelevator buildings, the number of units required by Section 1107.7.1 to be Type B units is permitted to be reduced to a percentage that is equal to the percentage of the entire site having grades, prior to development, that are less than 10 percent, provided that all of the following conditions are met:

1. Not less than 20 percent of the units required by Section 1107.7.1 on the site are Type B units;

2. Units required by Section 1107.7.1, where the slope between the building entrance serving the units on that story and a pedestrian or vehicular arrival point is no greater than 8.33 percent, are Type B units;

3. Units required by Section 1107.7.1, where an elevated walkway is planned between a building entrance serving the units on that story and a pedestrian or vehicular arrival point and the slope between them is 10 percent or less, are Type B units; and

4. Units served by an elevator in accordance with Section 1107.7.3 are Type B units.

Commentary: "Section 1107.7.4 addresses multiple buildings on a sloping site. For example, if an apartment complex was built on a steep or hilly site, the number of Type B dwelling units required on the ground floor could be reduced because of the difficulty of providing accessible routes. A minimum of 20 percent of the total ground floor units on the site must be Type B units, regardless of site complications."

Download for additional information: https://www.huduser.gov/portal/publications/destech/fairhousing.html


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## RLGA (Aug 21, 2018)

Refer to IBC Sections 1107.6.2.2.1 and 1107.7 (2018 IBC).

Starting with the latter, Section 1107.7 does not require an an elevator, but all units subject to Sections 1107.7.1.1 and 1107.7.1.2 are required to be at least Type B units.

Section 1107.6.2.2.1 states that all Type A units must be "dispersed among the various classes of units." If all the various classes of units are located in the one large building, then you are okay with providing an elevator in just that building. However, if the other buildings have specific types of units not provided in the large building, then those buildings will require Type A units. Further, if the percentage of required Type A units cannot be provided on the accessible ground-level stories, then elevators would be required to access upper-story Type A units.


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## JBI (Aug 21, 2018)

I believe the scope and purpose of Chapter 11 of the IBC would require each building to provide accessibility and accessible features. JMHO


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## ADAguy (Aug 21, 2018)

Make sure the non-elevator buildings do not contain common facilities for the site occupants on upper floors.


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## Francis Vineyard (Aug 21, 2018)

In reference to "Type A units must be "dispersed among the various classes of units." Please clarify your opinion on exception 2. "_Existing structures_ on a _site_ shall not contribute to the total number of units on a site."

*EXISTING STRUCTURE.* A structure erected prior to the date of adoption of the appropriate code, or one for which a legal building permit has been issued.

For example if separate permits are issued for each building on the site or same parcel, then would only one Type A be required in the building with 48 units, and none for the 12 units even though 2 percent of the sum for the three buildings could require two Type A.


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## RLGA (Aug 21, 2018)

Francis Vineyard said:


> In reference to "Type A units must be "dispersed among the various classes of units." Please clarify your opinion on exception 2. "_Existing structures_ on a _site_ shall not contribute to the total number of units on a site."
> 
> *EXISTING STRUCTURE.* A structure erected prior to the date of adoption of the appropriate code, or one for which a legal building permit has been issued.
> 
> For example if separate permits are issued for each building on the site or same parcel, then would only one Type A be required in the building with 48 units, and none for the 12 units even though 2 percent of the sum for the three buildings could require two Type A.


Per your example the answer would be "no"--each building would have to comply individually with the requirements, since Section 1107.6.2.2.1 states that 2%, "*but not less than one*," shall be Type A. Thus, each building, in order to obtain a permit, must individually comply with the code. Therefore, three Type A units would eventually be provided: one required for each building.


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## T-Bird (Aug 21, 2018)

ADAguy said:


> Interesting question, are they connected by bridges?


I'm not considering any connection between the buildings at this time other than the site and pedestrian sidewalks.


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## Francis Vineyard (Aug 21, 2018)

RLGA said:


> Per your example the answer would be "no"--each building would have to comply individually with the requirements, since Section 1107.6.2.2.1 states that 2%, "*but not less than one*," shall be Type A. Thus, each building, in order to obtain a permit, must individually comply with the code. Therefore, three Type A units would eventually be provided: one required for each building.


Other than the provision "occupancies containing more than 20 dwelling units as opposed to structures or buildings, it is also interesting how commentary invites "in multi-building sites [ ] all the buildings are added together to determine the number (of Type A) required. Whereas the exception permits "only the units that are being constructed as part of that development phased are considered in determining the number of Type A units."

How does one make the distinction of what is a development stage, if not separate permits?


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## RLGA (Aug 21, 2018)

Francis Vineyard said:


> Other than the provision "occupancies containing more than 20 dwelling units as opposed to structures or buildings, it is also interesting how commentary invites "in multi-building sites [ ] all the buildings are added together to determine the number (of Type A) required. Whereas the exception permits "only the units that are being constructed as part of that development phased are considered in determining the number of Type A units."
> 
> How does one make the distinction of what is a development stage, if not separate permits?


A phased development where the entire proposed development is reviewed and approved by the jurisdiction and then each building is permitted and constructed separately, may have different processes for acceptance. The developer may be obligated to construct all required Type A units in the first phase, or the developer may be obligated to construct all buildings within a certain period of time with stipulations that constructed buildings may be required to accommodate deficiencies for uncompleted projects.

FHA Guidelines do not address phased developments, so developers could be liable if a phased development isn't completed in a timely manner and not enough accessible units are provided.

Here's what I found from Aurora, Colorado for multifamily phased developments (highlights are mine): 

The site plan cover sheet must reflect an "Implementation Plan" for all multi‐family projects. Per House Bill 03‐1221, Section 9‐5‐ 106, the builder of any project regulated by this article shall create an implementation plan that guarantees the timely and evenly phased delivery of the required number of accessible units. Such plan shall clearly specify the number and type of units required and the order in which they are to be completed. Such implementation plan shall be subject to approval by the entity with enforcement authority in such project's jurisdiction. The implementation plan shall not be approved if more than thirty percent of the project is intended to be completed without providing a portion of accessible units required by section 9‐5‐105; except that, if an undue hardship can be demonstrated, or other guarantees provided are deemed sufficient, the jurisdiction having responsibility for enforcement may grant exceptions to this requirement. The implementation plan shall be approved by the governmental unit responsible for enforcement before a building permit is issued.​


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## Francis Vineyard (Aug 22, 2018)

Thanks for the explanation, getting back on track in reference the original question, the total number of Type A units located in the elevator building (or not), the following interpretation is from the IBC Handbook.

"The mandate for Type A units in apartment buildings applies where 21 or more dwelling units or sleeping units are contained within the building. If two or more buildings are located on the same site, the aggregate number of units is used to determine the minimum required number of Type A units. Assuming a site contains four apartment buildings, each containing 30 units, the provisions are based on the sum total of 120 units. Using the 2-percent rule, at least three of the dwelling units are required to be designed and constructed as Type A units. Assuming that throughout the four buildings three types of units (studio, one bedroom, and two bedroom) are represented, a minimum of one unit of each type shall be a Type A unit. All three Type A units are permitted in the same building, and all may be located on the same floor level, which would typically be at grade."


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## T-Bird (Aug 23, 2018)

Thank you for your comments, for my project I think I need to provide elevators at all buildings (or at least two of the three) since the unit mix is not shared. The larger building has larger units and the smaller buildings has smaller units. I also do not have any ground related units in the smaller buildings.


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## Yikes (Aug 30, 2018)

1.  In what state is the project located?
2.  Is it private housing, or is it publicly-funded housing?


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## T-Bird (Aug 30, 2018)

Yikes said:


> 1.  In what state is the project located?
> 2.  Is it private housing, or is it publicly-funded housing?


Privately owned project in Snohomish County, Washington


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