# interesting problem



## JayHawkInspector (Mar 16, 2010)

I have an interesting problem. I have an apartment building that was built between 1980 to 1982 and I need to know if they have to comply with today’s ADA standards or does the apartment complex have to make accommodations for a person who is wheel chair bounded.


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## Big Mac (Mar 16, 2010)

Re: interesting problem

If they are not currently doing work, I don't think it is your problem to deal with at all.  They may find themselves in hot water with the ADA laws, but those typically are not enforced by the building department.

If they are doing work that requires a permit, take a hard look at Chapter 34 to see if the work being done requires addiitonal accessibility issues to be addressed.  Maybe, maybe not.


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## brudgers (Mar 17, 2010)

Re: interesting problem



			
				JayHawkInspector said:
			
		

> I have an interesting problem. I have an apartment building that was built between 1980 to 1982 and I need to know if they have to comply with today’s ADA standards or does the apartment complex have to make accommodations for a person who is wheel chair bounded.


Apartments are not normally places of public accommodation and therefore outside the scope of ADA.


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## mtlogcabin (Mar 17, 2010)

Re: interesting problem



> Apartments are not normally places of public accommodation and therefore outside the scope of ADA.


Agree but they can fall under the Fair Housing rules. Which does have accessibility requirements for apartments.

Like ADA you do not enforce FH rules.


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## brudgers (Mar 17, 2010)

Re: interesting problem



			
				mtlogcabin said:
			
		

> > Apartments are not normally places of public accommodation and therefore outside the scope of ADA.


Agree but they can fall under the Fair Housing rules. Which does have accessibility requirements for apartments.

Like ADA you do not enforce FH rules.

I don't enforce rules...but anyway...

They almost certainly fall under FHA rules of one sort or another, but it is quite possible that they do not fall under the accessibility guidelines.

Unlike the ADA, there is no general FHA requirement for the removal of existing architectural barriers in existing buildings...and you can't be sued directly in Federal court either.


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## barlovian (Mar 17, 2010)

Re: interesting problem

In addition to ADA and Fair Housing, there are Section 504 requirements if the housing has Federal funding. The general concept of 504 is that if Federal funds are spent, they cannot be spent in a discriminatory manner.  If housings suitable housing is available for nondisabled residents, suitable housing must also be available for disabled residents.

Interestingly, I have seen HUD (the enforcing agency) permit waivers for new construction of multifamily housing.

This is not in the building code, just part of the Rehabilitation Act.


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## JBI (Mar 17, 2010)

Re: interesting problem

CORRECT!

BUT...

As suggested, check Chapter 34 (or the EBC where applicable) when work is proposed. The Building Codes DO require accessibility for multi-family housing, and they are enforceable by the AHJ. I do not believe that there is a retroactive requirement unless a permit is pulled.


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## peach (Mar 17, 2010)

Re: interesting problem

You have to do very signficant work to get to the threshold to require ADA upgrades...

It's civil rights legislation.. the owner may be on the hook... not the building department.


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## brudgers (Mar 17, 2010)

Re: interesting problem



			
				peach said:
			
		

> You have to do very signficant work to get to the threshold to require ADA upgrades...


In the case of an apartment building, you would also need a change of use.


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## Gene Boecker (Mar 18, 2010)

Re: interesting problem

The apartments do not require any upgrades.  The FHA accessibility regs apply to "covered multifamily dwellings" designed and constructed for first occupancy after March 13, 1991.  Since the apartments were built and occupied before that they are not required to meet FHA accessibility criteria.

If they are doing work, then all the discussions about Chapter 34 or the IEBC come into play.

However, if there is a manager's office or leasing office, that falls under the ADA since it is a public accommodation.  The parking for, access to and into the office is covered by the ADA.  The owner/management is required to remove existing barriers to the greatest extent feasible (i.e. van accessible parking, accessible route, curb ramps, sidewalk without broken sections or shifted joints, entry into the office, passage through the office to the rental desk, rental desk at appropriate height, and turning circle).  Modifications to the existing toilet rooms in the rental office are required but only to the extent that it does not require walls to be removed or plumbing fixtiures to be reset (i.e. installation of grab bars, adjust height of toilet seat, adjust height of accessories to be withing reach range).  Once inside, the rental agent can tell them that they do not have any accessible units.  :?  :lol:


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