# ADA Jurisdiction for private apartment building?



## Mech (Dec 17, 2014)

ADA

A private building owner is renovating the apartment units in his multi-story building.

Are these dwelling units subject to the ADA?

Sorry for what appears to be a simple question, but it seems like I lost a substantial amount of brain cells over the past several weeks reading the IBC.

Thanks


----------



## north star (Dec 17, 2014)

*= $ = $ =*



Mech,

When you say _"renovating"_, ...can you please describe the extent to

which he is renovating ?

Also, ...which codes \ Standards \ editions are in-place ?

Thanks !





*= $ = $ =*


----------



## steveray (Dec 17, 2014)

Pretty sure it does, certainly accessibility of the IBC/ ANSI 117 will apply....Mark or one of the others will be along shortly with the proper ADA answer....


----------



## Mech (Dec 17, 2014)

> which codes \ Standards \ editions are in-place ?


2009 IBC

2012 IBC Chapter 11 & Section 3411 and 2012 for any other section referenced by Chapter 11 and Section 3411.

2009 ANSI A117.1



> When you say _"renovating"_, ...can you please describe the extent towhich he is renovating ?


Oops, he is altering the apartments.  The existing apartments will be totally gutted.  Partition walls will be moved resulting in 8 apartments.  Existing enclosed stairs will be replaced; an elevator will be added.  An unenclosed stairs will become enclosed.  All wiring and piping will be replaced.  Basically everything but the exterior walls, floor joists, and flooring will be new.


----------



## mtlogcabin (Dec 17, 2014)

ADA for the common areas, Fair housing for the individual apartments and then all the other codes you referenced will apply

Adding an elevator and totally gutting the apartments pretty much opens him up to complying with all of the currently adopted codes


----------



## Mech (Dec 17, 2014)

No common areas other than the entrance, hallways, elevator, and stairways.

Does HUD / Fair housing get a say in the matter regarding apartment design / layout if the project is owner financed?


----------



## mark handler (Dec 17, 2014)

mtlogcabin Got it


----------



## mark handler (Dec 17, 2014)

Mech said:
			
		

> No common areas other than the entrance, hallways, elevator, and stairways.Does HUD / Fair housing get a say in the matter regarding apartment design / layout if the project is owner financed?


Depends.....


----------



## Mech (Dec 17, 2014)

Thanks very much.  I will need to contact HUD / Fair Housing to see what requirements they may have.


----------



## mark handler (Dec 17, 2014)

DWELLINGS COVERED BY THE Fair Housing DESIGN REQUIREMENTS

The design requirements apply to buildings built for first occupancy after March 13, 1991, which fall under the definition of “covered multifamily dwellings.” See page 12 for a discussion of “first occupancy.” Covered multifamily dwellings are:

1. all dwelling units in buildings containing four or more dwelling units if such buildings have one or more elevators, and

2. all ground floor dwelling units in other buildings containing four or more units.

To be a covered unit, all of the finished living space must be on the same floor, that is, be a single-story unit, such as single-story townhouses, villas, or patio apartments. Even though raised and sunken areas are permissible in covered dwelling units, there are limitations to their use and they are discussed in Chapter Four: “Accessible Route Into and Through the Covered Unit.” Multistory dwelling units are not covered by the Guidelines except when they are located in buildings which have one or more elevators, in which case, the primary entry level is covered.

http://www.huduser.org/publications/PDF/FAIRHOUSING/fairfull.pdf


----------



## DonaldsonR (Dec 18, 2014)

"A private building owner"

I don't think this has anything that would exempt them from complying with the rules/codes, they are renting to the public which would be anyone not part of their immediate family.


----------



## ADAguy (Dec 18, 2014)

So Mech,

Does PA "chose" to enforce the requirements?


----------



## JBI (Dec 18, 2014)

ADA is enforced by DOJ (lacking a local law providing for local enforcement).

The requirements in the Code and the ANSI Standard are enforced locally.

Designers must design for BOTH.

An apartment building will require compliance with both.


----------



## Mech (Dec 18, 2014)

PA enforces the IBC and A117.1.


----------



## Rick18071 (Dec 18, 2014)

3411.8.7 Accessible dwelling or sleeping units. Where Group I-1, I-2, I-3, R-1, R-2 or R-4 dwelling or sleeping units are being altered or added, the requirements of Section 1107 for Accessible units apply only to the quantity of spaces being altered or added.

 In new construction, the number of Accessible units is required in many types of facilities. The number of Accessible dwelling units and sleeping units provided determines the number of Accessible units, and starts when only one unit is provided (see Table 1107.6.1.1). The number of Accessible units required increased based on the anticipated need (see Section 1107).

 This section sets forth the rate for providing Accessible dwelling or sleeping units in Groups I-1, I-2, I-3, R-1, R-2 and R-4 when such facilities are altered or have units added (i.e., additions, change of use, change of occupancy). Assuming that Accessible units are not already provided, the number of Accessible units to be incorporated into each alteration is based on the number being altered. For example, if a nursing home was being altered a portion at a time, 50 percent of the units being altered each time would be required to be wheelchair accessible. It is not the intent that all units being altered are required to be Accessible until 50 percent of the units in the entire facility are accessible. The total number of Accessible units in the facility is not required to exceed that required for new construction, as indicated in Section 3411.3. It is unreasonable to require a greater level of accessibility in an existing building than is required in new construction.

3411.8.8 Type A dwelling or sleeping units. Where more than 20 Group R-2 dwelling or sleeping units are being added, the requirements of Section 1107 for Type A units apply only to the quantity of the spaces being added.

 Type A units are required in new construction when 20 or more apartments (including condominium style) are constructed on a site. Group R-2 requirements for Type A units would also include convents and monasteries with 20 or more sleeping units and could include some townhouse style units (see definition for "Townhouse" in Chapter 2 and Section 310.1).

 This section sets forth the rate for providing Type A dwelling or sleeping units in Group R-2 facilities when more than 20 units are added either in an addition or changing the function of a space (i.e., a change of occupancy, such as creating apartments in an old warehouse, increasing the number of apartments by changing a storage area to apartment units or reconfiguring larger units into smaller units). Assuming that Type A units are not already provided, the number of Type A units required is based on the number being added. For example, if a story was being added onto an apartment building, the number of Type A units required would be based on the number of units in the new story, not the number of units in the entire building. If Type A units are provided, the total number of Type A units in the facility is not required to exceed that required for new construction, as indicated in Section 3411.3. It is unreasonable to require a greater level of accessibility in an existing building than is required in new construction.


----------

