# 2 Story - 5 Unit Mixed Use 5,000 Sq Ft New Construction Elevator & Sprinkler Requirement



## EddieL (Oct 19, 2019)

I am looking to build a 2 story 5 Unit mixed use building with 2 commercial spaced on the first floor, total of 2,500 sq ft on floor 1.  On the second floor above I want to put 3 one bedroom apartments equaling a 2,500 sq ft. for floor 2. The total square footage would be approx 5,000 sq ft. 

My two questions are, do I need an elevator? And do I need sprinklers? 

I've read that there is an exemption for commercial if each floor is under 3,000 sq ft that it doesn't need an elevator but wasn't sure how that applied to the residential units. Below I believe states that this would not fall under a "covered Multifamily Dwelling" I know that there are 5 total units but only 3 are dwelling units and on the Fair Housing requirement it says: 

*Commercial Space
Q.* If a building includes three residential dwelling units and one or more commercial spaces, is the building a covered multifamily dwelling under the Fair Housing Act?
*A. *No. Covered multifamily dwellings are buildings consisting of four or more dwelling units, if such buildings have one or more elevators; and ground floor dwelling units in other buildings consisting of four or more dwelling units. Commercial space does not meet the definition of dwelling unit. Note, however, that title III of the ADA applies to public accommodations and commercial facilities, therefore an independent determination should be made regarding applicability of the ADA to the commercial space in such a building (see the introduction to these questions and answers, which provides some background on the ADA).


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## cda (Oct 19, 2019)

Welcome

Cannot talk elevator

Don’t know codes your state. CT/ city.  Do you know which building code and edition is adopted??


With the residential component, normally a fire sprinkler system is required through out the entire building.


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## cda (Oct 19, 2019)

Since you are looking, you might look into this:::


https://nfsa.org/taxreform/


I only know about, but no details how it works


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## EddieL (Oct 19, 2019)

cda said:


> Welcome
> 
> Cannot talk elevator
> 
> ...



This is in Connecticut, so would be CT State Building code. I believe its


cda said:


> Welcome
> 
> Cannot talk elevator
> 
> ...



I believe its the Connecticut Building code follows the 2015 IBC


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## EddieL (Oct 19, 2019)

EddieL said:


> This is in Connecticut, so would be CT State Building code. I believe its
> 
> 
> I believe its the Connecticut Building code follows the 2015 IBC


It is North Branford, CT


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## RLGA (Oct 19, 2019)

I think you found the answer. In the Connecticut building code amendments:

(Add) 1103.2.15 Statutory requirements. The following additional exceptions to requirements for accessibility are in accordance with section 29-274 of the Connecticut General Statutes:

1. Accessibility shall not be required in renovations, additions or alterations to stories in existing buildings above the street floor being converted to Group B provided each story above the street floor contains less than 3,000 square feet (278.7 m2 ) of total gross area per floor and the street floor is renovated or altered to provide accessibility to persons with disabilities. This provision shall not apply to stories above the street floor that include the offices of health care providers, municipal or state agencies or passenger transportation facilities or offices located in airport terminals.

2. Buildings and structures of any occupancy not otherwise exempted from *the requirements of this chapter shall be exempt if each story above and below the street floor contains less than 3,000 square feet *(278.7 m2 ) of total gross area and the street floor is designed, renovated or altered to provide accessibility to persons with disabilities. This provision shall not apply to stories above or below the street floor that include the offices of health care providers, municipal or state agencies or passenger transportation facilities or offices located in airport terminals or mercantile facilities having five or more tenant spaces.​From the Fair Housing Act of 1988, Sec. 803. [42 U.S.C. 3603]:

(b) Nothing in section 804 of this title (other than subsection (c)) shall apply to--

...

(2) rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.​


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