# Accessibility per IRC R320 and Townhomes



## classicT (Apr 1, 2019)

In accordance with IRC Section 320.1, where there are for or more dwelling units or sleeping units in a single structure, the provisions of Chapter 11 of the IBC for group R-3 shall apply. This would most notably require that an accessible route be provided between exterior and interior spaces serving the units (1107.4) and that every dwelling and sleeping unit by a Type B unit (1107.6.3).


Sections 1107.7 through 1107.7.5 provide a series of exceptions for Type B units. Section 1107.7.2 provides an exception for multiple-story units without elevator service and  per the commentary to R320.1 allows two- and three-story townhouse to be exempted from complying with Type B units (also removes accessible route requirements via #2 of 1104.4 and #7 of 1107.7).


For single-story townhomes with more than 4 units, are you requiring the provisions of Ch 11?


For multi-story townhomes with more than 4 units, are you exempting per 1107.7.2?



Appreciate any thoughts or additional insight.


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## mtlogcabin (Apr 1, 2019)

4 or more units will also trigger Fair Housing regulations so be careful, remember the most restrictive requirement will apply


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## classicT (Apr 1, 2019)

mtlogcabin said:


> 4 or more units will also trigger Fair Housing regulations so be careful, remember the most restrictive requirement will apply


Will it? Real lot lines are located between units, thereby each property only has one legal dwelling upon it.


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## mtlogcabin (Apr 1, 2019)

https://www.huduser.gov/portal/publications/fairfull.pdf
See page 16
During design and construction a "townhouse" is one owner/contractor and  Fair Housing rules apply. I have argued with Fair Housing folks at various seminars they have hosted that our zoning requires a property line between the units and therefore it is one unit per lot. They would not budge. Maybe your area is different but I doubt it


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## classicT (Apr 1, 2019)

mtlogcabin said:


> https://www.huduser.gov/portal/publications/fairfull.pdf
> See page 16
> During design and construction a "townhouse" is one owner/contractor and  Fair Housing rules apply. I have argued with Fair Housing folks at various seminars they have hosted that our zoning requires a property line between the units and therefore it is one unit per lot. They would not budge. Maybe your area is different but I doubt it


Looks like FHA does not apply for multistory townhouse units. (Taken from page 95)


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## mtlogcabin (Apr 1, 2019)

Single story 4 units or more are covered. Multi story with a personal elevator in a single unit would be covered under FH if located in a building of 4 or more units. It gets confusing for designers. Platform lifts where not available for homes when the word "elevator" was used in this 1994 supplement and the argument could be made an elevator and a platform lift perform the same function in a dwelling unit.

In answer to your original questions

For single-story townhomes with more than 4 units, are you requiring the provisions of Ch 11? Yes
For multi-story townhomes with more than 4 units, are you exempting per 1107.7.2? Yes

https://www.fairhousingfirst.org/faq/mfhousing.html
*Are multistory townhouses that contain individual elevators considered to be covered multifamily dwelling units subject to the Fair Housing Act's design and construction requirements?*

Yes. The Fair Housing Act defines "covered multifamily dwellings" as buildings consisting of four or more units, if such buildings have one or more elevators and ground floor dwelling units in other buildings consisting of four or more dwelling units. Covered multifamily dwellings must comply with the design and construction requirements of the Fair Housing Act.

A multistory dwelling unit (defined as a dwelling unit with finished living space located on one floor and the floor or floors immediately above or below it, Guidelines, Section 2, Definition of Multistory Dwelling Unit) that is located in a building with four or more units is not covered by the design and construction requirements of the Fair Housing Act if the building does not have an elevator. A multistory townhouse is covered by the requirements if there are four or more units in the building and the building contains one or more elevators. Supplement to Notice of Fair Housing Accessibility Guidelines: Questions and Answers About the Guidelines, 59 FR 33362-33368, June 28, 1994, question 13 and see Preamble to the Fair Housing Act regulations, 54 Fed. Reg. 3244 (1989), "the Department continues to believe that townhouses consisting of more than one story are covered only if they have elevators and if there are four or more such townhouses."

In addition, the Preamble to the proposed Guidelines, at 55 FR 24370, 24377, June 15, 1990, states:

"In the proposed and final rulemaking, the Department stated that a dwelling unit with two or more floors in a non-elevator building is not a "covered dwelling unit" even if it has a ground floor entrance, because the entire dwelling unit is not on the ground floor. (Of course, if the unit had an internal elevator, it would be subject to the Fair Housing Act requirements.)"

Therefore, multistory townhouses with private elevators are covered by the design and construction requirements, assuming that there are four or more units in the building.


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## classicT (Apr 1, 2019)

mtlogcabin said:


> Single story 4 units or more are covered. Multi story with a personal elevator in a single unit would be covered under FH if located in a building of 4 or more units. It gets confusing for designers. Platform lifts where not available for homes when the word "elevator" was used in this 1994 supplement and the argument could be made an elevator and a platform lift perform the same function in a dwelling unit.
> 
> In answer to your original questions
> 
> ...


And if no private individual elevator in a multistory?

Seems odd that FHA applies to single story, but as soon as it is multistory you are exempt provided a lift/elevator is not installed.


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## steveray (Apr 2, 2019)

You expect the government to make sense?


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