# Confused by CBC definitions of "repair" vs rehabilitation"



## Yikes (Nov 25, 2015)

I'm trying to figure out the applicability of CBC 11B to 1970s era publicly-funded housing (apartments) that are having a refresh /energy efficiency upgrade.

CBC 202 defines "Alteration" as:

"Any construction or renovation to an existing structure OTHER THAN REPAIR or addition.

[DSA-AC] A change, addition or modification in construction, change in occupancy or use, or structural repair to an existing building or facility, Alterations include, but are not limited to, remodeling, renovation, rehabilitation, RECONSTRUCTION, historic restoration, resurfacing of circulation paths or vehicular ways, changes or rearrangement of the structural parts or elements, and changes or rearrangement in the plan configuration of walls and full-height partitions. Normal maintenance, reroofing, painting or wallpapering, or changes to mechanical and electrical systems are not alterations unless they affect the usability of the building or facility."

CBC 202 defines "Repair" as:

[A] REPAIR. The RECONSTRUCTION or renewal of any part of an existing building for the purpose of its maintenance.

Notice that "RECONSTRUCTION" pops up in both defintions.

So, which is it?

When is a reconstruction considered merely a "repair" (not subject to DSA accessibility), and when is it considered an "alteration"?

Typical kinds of renewal work in an apartment rehab include:

1.  Refacing or replacing damaged kitchen cabinets and/or countertops

2.  Refacing or replacing damaged bathroom lavatory vanity cabinets and counters.

3.  Removing and replacing asbestos containing drywall

4.  Removing rotted subfloor near bathtubs

5.  Rebuilding damaged doors or door casings/frames.

6.  Repairing or replacing damaged stair handrails.

On a separate but related note, if the owner swaps out existing plumbing fixtures for newer low-flow versions, is that considered merely "renewal" and not an alteration?


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## ADAguy (Nov 25, 2015)

You are applying 11B to housing, why?

You mention damaged or repairing in your typicals, this usually means "fixing" or cosmetic resurfacing but the base material/element remains in place vs wholesale "remove and replace"

Replacing non-compliant faucets with flow restricters only is mean spirited.


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## Yikes (Nov 25, 2015)

ADA Guy,  here's the bigger picture:

1.  It is affordable housing, and will likely use tax credits to finance the rehab; I believe that triggers Chapter 11B.

2.  The apartment complex is 100% multistory units, nonelevator.  The ground floor of each unit has a living room, kitchen, and super-tiny powder room.  To make the powder room accessible, we will have to do major structural changes and it will cramp the living room to the point of being unusable.  (We are fine to make the kitchens and entrances accessible; it's just the powder room that's the problem.)

3.  In 11B-233.3.4 gives the alternative to build comparable units, but we no available land for this.

4.  Therefore, I'm working backwards from 11B-233.3.4.2 to see if I can avoid the trigger for alterations, which occurs when both:

a) a kitchen or bath is SUBSTANTIALLY altered; AND

b) at least one other room is altered.


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## ADAguy (Nov 29, 2015)

Yikes, affordable housing is not a hotel or motel, and unless you have public spaces you are renting out, it falls under 11A and FHA/Hud.

Make the units accessible, seniors need the accessibility features too.


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## conarb (Nov 29, 2015)

\ said:
			
		

> Make the units accessible, seniors need the accessibility features too.


ADAguy:

I consider that in insult, I'm 80 years-old and that qualifies as a senior and I don't need no stinkin accessibility, I'm not inferior and I'll pay my own way.


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## mark handler (Nov 30, 2015)

Yikes

Rehabilitation is not defined in the 2013 CBC

Some of what you described Can be both a repair and alteration. If you replace something. I conceder it a alteration. Even if it is like for like. All of it can be a Rehabilitation.

If you add an extra bracket for a stair or a washer in a faucet,  I  would normally consider that a repair. It is all about scope of work.


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## ADAguy (Nov 30, 2015)

Conarb, be insulted all you want, some of us are breaking down early than you, be thankful.

Many vets need the access too.


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## Yikes (Nov 30, 2015)

ADAguy said:
			
		

> Yikes, affordable housing is not a hotel or motel, and unless you have public spaces you are renting out, it falls under 11A and FHA/Hud.Make the units accessible, seniors need the accessibility features too.


See attached pdf.  This matrix was developed earlier this year by the attorneys for a very large city public housing agency in Southern California.  This is their opinion as to when certain kinds of funding will trigger compliance with 504/UFAS, ADA Title II, and the Fair Housing Act.  Note that it is silent on CBC 11A vs. 11B; this was because the city building department was considered responsible for making that determination.  Nevertheless, if they determined that ADA applies, wouldn't that also imply chapter 11B and not 11A?
	

		
			
		

		
	

View attachment 1253


DOC410.pdf

DOC410.pdf


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## ADAguy (Nov 30, 2015)

Good stuff, do you see 11B anywhere (smiling)? No, 11B is T-III short term, 11-A is for multifamily residential except for public areas (rental office, lobby, etc.) which are T-III.

Got it?


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## Yikes (Nov 30, 2015)

ADAguy, I hope you are right, because it would sure make my life a lot easier.  Here's how I've previously been ending up at Chapter 11B:

CBC 11B is for Public Housing, and CBC 202 defines public housing as:

"PUBLIC HOUSING. Housing facilities owned and/or operated by, for or on behalf of a public entity including but not limited to the following:

    3. Publically owned and/or operated housing provided by entities subject to regulations issued by the United States, Department of Housing and Urban Development under Section 504* of the Rehabilitation Act of 1973 as amended".

The attorneys are saying that Tax Credit financing is a form of federal financial assistance to the affordable housing developer, and therefore, tax credits make a building subject to 504/UFAS.  This meets the definition #3 above, and therefore CBC considers it public housing, chapter 11B.

*HUD's website says: Section 504 prohibits discrimination on the basis of disability in any program or activity that receives financial assistance from any federal agency, including the U.S. Department of Housing and Urban Development (HUD) as well as in programs conducted by federal agencies including HUD... The Section 504 regulations define recipient as any State or its political subdivision, any instrumentality of a state or its political subdivision, any public or private agency, institution organization, or other entity or any person to which federal financial assistance is extended for any program or activity directly or through another recipient, including any successor, assignee, or transferee of a recipient, but excluding the ultimate beneficiary of the assistance. 24 CFR 8.3. Thus, a HUD funded public housing authority, or a HUD funded non-profit developer of low income housing is a recipient of federal financial assistance and is subject to Section 504's requirements.

http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/disabilities/sect504faq


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