# Are Any Type "A" Units Required With Less Than 20 Units Total?



## fj80 (Feb 15, 2019)

2015 IBC. Planning a 4-story, mixed-use building with ground floor retail and three stories of residential (condo) units above. Total of 18 residential units.

Section 1107.6.2.2.1 Type A Units states: "In Group R-2 occupancies containing more than 20 dwelling units or sleeping units, at least 2 percent but not less than one of the units shall be a Type A unit."

I interpret this as meaning that if a building has less than 20 dwelling units then no Type A units are required and they can all be Type B Units per Section 1107.6.2.2.2. However the local county building reviewer says that he interprets the code as requiring at least one Type A Unit no matter how few dwelling units the building has. He cited table 1107.6.1.1 as his reasoning because the first row of the table for "1 to 25" units provided, in the far right column says 1 accessible units is required. But isn't that table and section 1107.6.1.1 only for Group R-1 occupancies?

Does the code require a minimum of 1 Type A Unit in our 18 dwelling unit building?


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## fj80 (Feb 15, 2019)

I talked to ICC and they said the code is very clear that if there are less than 20 dwelling units in R-2, then no Type A Units are required.


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## Rick18071 (Feb 18, 2019)

It depends on how the plan reviewer interprets the definition of "apartment house". There is no definition in the IBC. 

1107.6.2.3 Group R-2 other than live/work units,
apartment houses, monasteries and convents. In
Group R-2 occupancies, other than live/work units,
apartment houses, monasteries and convents falling
within the scope of Sections 1107.6.2.1 and 1107.6.2.2,
Accessible units and Type B units shall be provided in
accordance with Sections 1107.6.2.3.1 and
1107.6.2.3.2. Bedrooms within congregate living facilities
shall be counted as sleeping units for the purpose
determining the number of units. Where the sleeping
units are grouped into suites, only one sleeping unit in
each suite shall be permitted to count towards the number
of required Accessible units.
1107.6.2.3.1 Accessible units. Accessible dwelling
units and sleeping units shall be provided in accordance
with Table 1107.6.1.1.

It's a building with apartments but not a "house" . I would think the code would use "apartment building" if there are other occupations besides apartments in the same building. Looking up some definitions they seem to agree with this. It would be interesting how other plan reviewers think if there are retail stores in the building besides apartments is it an "apartment house"?


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## mtlogcabin (Feb 19, 2019)

Each "apartment" is a "dwelling unit" under the code. It is a building with dwelling units.


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## ADAguy (Feb 19, 2019)

semantics! its always in the definitions. "Intent" is only as good as its defining words.


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## Rick18071 (Feb 20, 2019)

This building could be interpreted by the plan reviewer as a "motel" (nontransient) as listed under 310.4 Residential Group R-2 or other than an "apartment house". This would kick in "1107.6.2.3 Group R-2 other than live/work units,apartment houses, monasteries and convents". I have stayed at a motel for a few days recently in Key Largo with a full kitchen and living room that are called condos. I have no idea if the "condo" is owned by a private person or by the resort but it doesn't really matter when assigning an occupancy by the code.

Without any clear definitions I could see why the plan reviewer would not consider a building with apartments and other occupancies not an apartment "house". I myself usually thing of a house that was converted to apartments as an "apartment house" and a building built as apartments an "apartment building".


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## mtlogcabin (Feb 20, 2019)

Does not matter what  name is put on the building it is how the building operates that drives the code requirements
Transient R-1
Non transient R-2


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## Rick18071 (Feb 21, 2019)

mtlogcabin said:


> Does not matter what  name is put on the building it is how the building operates that drives the code requirements
> Transient R-1
> Non transient R-2




In IBC 1107.6.2 Group R-2 it does matter what the name is because if it is an apartment house you don't need A units unless you have more than 20 units.
If it is other than an apartment house you need A units starting with just 1 unit.

I'm not talking about R-1, only R-2. Motel (nontransient) is under R-2.


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## mtlogcabin (Feb 21, 2019)

fj80 said:


> But isn't that table and section 1107.6.1.1 only for Group R-1 occupancies?



After re-reading you OP the county reviewer is wrong as long as the tenants are non-transient. In our state all transient lodging is licensed through the state and pay a bed tax.  If your state does has a similar requirement you can use that to reinforce your position that your project is an R-2 occupancy and Type A units are not required until you have  20 units or more.


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