Question 1- A Private Developer is using its own funds to build a Multifamily Condominium with Common Use Areas. The Building and Common Use Areas will not be open to the public. Is the Facility (condominium building and common use areas) required to comply with Section 233 and provide the Mobility Features in the Dwelling Units as required in Section 233.3.1.1?
QUESTION 2- If the Developer is pre-selling the Dwelling Units during construction, before the building is occupied, and a buyer purchases a Dwelling Unit with funds provided or insured through a governmental entity, is the facility required to comply with Section 233.3. In this case would the facility be required to comply with Section 233.2?
Interpretation #8382
Published March 20, 2020
Original Request
- Code Version
- 2017
- Code
- BUILDING
- Code Description
- Chapter
- Chapter 11- Accessibility
- Section
- 203.8, 233
- Topic
- Mobility Features Required in Dwelling Units & Entities not Subject to HUD
Question
Answer Published 03/20/2020 at 9:29 AM
Yes. 233 would apply, see below Need to follow HUD Guidelines
Commentary
Almost all types of housing with four or more units in one building that have been designed and constructed since March 13, 1991 are covered. This includes condominiums, apartment buildings, vacation or other time share units, assisted living projects, public housing authorities, HOPE VI projects, projects funded with HOME or other federal funds, transitional housing, and SROs (single room occupancy units) designed for more than overnight stays, dormitory rooms, homeless shelters used as a residence, cooperatives, hospices, and more.
If there is at least one elevator in the building, all units must comply. If there is no elevator, all of the ground floor units must comply.