# 5 unit townhouse IRC



## jar546 (Sep 16, 2014)

If a 5 unit townhouse is built in compliance with 302.2 does it have to comply with 320?

IRC applies.


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## steveray (Sep 16, 2014)

It seems as though it does.....


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## mtlogcabin (Sep 16, 2014)

And the reason is

The design and construction requirements of the Fair Housing Act apply to all new multifamily housing consisting of four or more dwelling units. Such buildings must meet specific design requirements so public and common use spaces and facilities are accessible to people with disabilities. In addition, the interior of dwelling units covered by the Fair Housing Act must be designed so they too meet certain accessibility requirements.


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## fatboy (Sep 16, 2014)

I would agree......320 speaks to the entire structure, 302.2 only lets you consider the 5 units as separate buildings.


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## timick1 (Sep 19, 2014)

Yes, if they are single-story townhouses. If they are multistory townhouses, accessibility is not required.

http://www.ada.gov/doj_hud_statement.pdf

#11. The Fair Housing Act applies to all ground floor dwelling units in non-elevator buildings consisting of four or more dwelling units. Multistory townhouses in non-elevator buildings are not considered ground floor dwelling units because the entire dwelling unit is not on the floor that qualifies as a ground floor. Thus, if a building containing four or more dwelling units has only multistory townhouses and does not have an elevator, the Act’s design and construction requirements do not apply. However, if the building has four or more dwelling units and includes one or more single story dwelling units, such as a townhouse, villa, or patio apartment, then the Act’s requirements apply to the single story dwelling unit(s) and to the public and common use areas. See Preamble to the Regulations, 54 Fed. Reg. at 3,243-44, and Preamble to the Guidelines, 56 Fed. Reg. at 9,481.


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## kilitact (Sep 23, 2014)

If they weren't considered separate buildings 3 or more couldn't/wouldn't be built out of the IRC. Sec. 320 doesn't appear to apply to townhouses.

R302.2 Townhouses.

Each townhouse shall be considered a separate building and shall be separated by fire-resistance-rated wall assemblies meeting the requirements of Section R302.1 for exterior walls.


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## mtlogcabin (Sep 23, 2014)

Kilitact

I agree with your application of the code and have argued with fair housing until I was blue but ultimately could not win that discussion with them. Our local zoning even requires a property line between units and they still would not concede.

Fair housing does not consider them separate buildings and therefore if you do not follow 320 the builder and possibly your department will wind up in a lawsuit.

http://www.montanafairhousing.org/newsletters_press/2003/nov03.pdf

Buildings Separated by Firewalls or Covered Walkways

Dwellings built within a single structure but separated by a firewall are treated under the Fair Housing Act as a single building. For example, a structure containing two units on each side of a firewall would not be regarded as four two-unit buildings (and thus not covered by the Guidelines) but as a single eight-unit building.

In other situations where the dwelling units are connected, such as by stairs or a walkway that is structurally tied to the main body of the building, for purposes of the Guidelines, they are considered a single building and ground floor units in such buildings without elevators are covered

The 2001 IRC with the 2001 supplement is considered a "Safe Harbor" document because  of Section R320.1


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## kilitact (Sep 24, 2014)

mtlogcabin said:
			
		

> Kilitact I agree with your application of the code and have argued with fair housing until I was blue but ultimately could not win that discussion with them. Our local zoning even requires a property line between units and they still would not concede.
> 
> Fair housing does not consider them separate buildings and therefore if you do not follow 320 the builder and possibly your department will wind up in a lawsuit.
> 
> ...


We code officials enforce the building codes not fair housing. The owner, builder needs to ensure they comply with other(s) rules same with accessibility rules.


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## steveray (Sep 24, 2014)

Separate buildings...one structure (even though they are structurally independent sort of)....FB has it and MT probably has the reasoning it is in the IRC....They can build to the whole thing to the IBC if they think it easier....


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