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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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How does ADA design requirements in a new construction differ

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How does ADA design requirements in a new construction differ in between a three story residential town house as compared to same building called an apartment? Isn't the residential code more relaxed? Relates to accessibility and strike distance at exit and passage doors interior and exterior. Thanks, (in plan check with a project)

Hi,

Thank you for your question.

The ADA is applicable here through the Fair Housing Act. The Fair Housing Act does not apply to owner occupied buildings with under 4 units. If your project has more than 4 units, even it is is owner occuppied as opposed to renters, the FHA will come into require that a percentage of the units comply with the ADA in connection with door widths, strike distances, bathroom design, counter heights, accessibility issues, etc.

Please let me know whether you want to talk through this in more detail or whether you have related questions.

-ZDN

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