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Opinion: Primary function area or existing single-use toilet room

Inquiry: 

97-40A

Subject: 

Primary function area or existing single-use toilet room

Code:

1996 MSBC 1340.1103 Subpart 3

Submitted By:

MN B. O. Uniformity Committee

Approved By:

Thomas R. Joachim, State Building Official

Issue Date: 

July, 18 1997 

Question:  

Are R-1 apartment houses, where each dwelling unit has a separate exterior entrance, required to have an accessible entrance located on an accessible route provided to each individual dwelling unit? 

Answer:

An accessible entrance located on an accessible route is required to each separate tenancy per UBC section 1103.2.3. The only exceptions which apply per MSBC 1340.1103 are owner occupied dwelling units and dwelling units with two or more stories without elevators. Therefore, unless exempted, each individual dwelling unit must be provided with an accessible entrance located on an accessible route. 

Committee comments:

 

This interpretation is also consistent with the requirements of the Federal Fair Housing Act. The FFHA design guidelines state in part, "When a ground floor unit of a building has a separate entrance, each such ground floor unit shall be served by an accessible route, ..."

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