A Group R, Division 1 Apartment building contains Type A dwelling units. Each apartment unit has a Group U, Division 1 private garage attached.

1. Do the attached garages, which are adjacent to one another, constitute a "common use area" which would be required to be accessible per UBC Section 1103.1.8.1?

2. Does UBC Section 1107.1.4 require that a garage attached to a Type A unit be accessible?

1. No. The definition of "common use areas" in Section 1102 Definitions, indicates that to be considered a common use area, each garage would be available for use by all occupants and visitors to the building. This would not be true for the individual private garages described in the question.

2. Yes. It is the intent of Section 1107.1.4 that a garage attached to a Type A unit be accessible. Section 1103.1.1 General (Building Accessibility), states that accessibility to all portions of buildings shall be provided for all occupancy classifications except as modified by Chapter 11. Section 1103.1.7 Group U Occupancies, requires that private garages serving Type A dwelling units be accessible. For the apartment building described in the question, the private garage attached to a Type A dwelling unit must be accessible and comply with appropriate portions of Section 1107 Parking Facilities.

NOTE: Section 1101.1 General (Scope), indicates that it is the intent in UBC Chapter 11 Accessibility to comply with the Federal Fair Housing Act (FFHA) Guidelines. The FFHA Guidelines require that accessible parking be provided for residents with disabilities on the same terms and with the full range of choices, e.g., surface parking or garage, that are provided for other residents of the project. (See: Federal Register / Vol. 56, No. 44 / Wednesday, March 6, 1991 / Rules and Regulations 9505)