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Joe,

My name is Dustin Prinzing and I am the Sr. Plans Examiner for the COGF Planning and Community Development department. Lonnie passed your inquiry on to me and I did a little background research into the question. I was not the plans examiner at the time, but do have experience when it comes to R-2 apartment complexes.

Talus was governed by the 2012 International Building Code along with the State of MT amendments. There are levels of accessibility the IBC requires, depending on the type of occupancy and the total number of units on a site. The four types of dwelling and sleeping units in descending accessible fashion are; accessible units, ‘A’ units, ‘B’ units, and ‘C’ units. IBC 1107.6.2 requires 2%, but not less than one, of total units in a complex to be type ‘A’ units. It then requires, if no elevator is provided, that all remaining grade level units be ‘B’ units. The designer must provide and disperse these units throughout the site. For example, if there 10 required ‘A’ units, they must be a combination of studio, 1bedroom, 2bedroom etc. if the complex offers those different types of leasing options.

Lonnie stated you were in building address 2108. From the approved site plan, it appears building 2108 does not contain an ‘A’ unit, only the required ‘B’ units that are on the first floor. Thus, the designer had a choice to put the parking spot at any of the accessible entrances (IBC also dictates the number of accessible parking spots based on the total number of parking spots available). Since your building does not contain an ‘A’ unit, the apartment you are leasing would be a ‘B’ unit.

The minimum dimensions for a standalone accessible parking spot is 9’wide x 18’ long, with a 8’ wide access aisle. The COGF inspects and approves the building and site prior to any occupancy, so to my knowledge the building/site and parking complied at the time of issuance of a Certificate of Occupancy (C.O.). Unfortunately, the city cannot retroactively enforce accessibility concerns that occur after the time of CO, it is upon the owner to keep all features as was approved at that time. The attached site plan is what was approved by the city. It shows where the ‘A’ units are and in what buildings.

If you have any further questions I will be happy to answer them and I can follow this up with a phone call sometime later today.

Thanks,

Dustin Prinzing, Sr. Plans Examiner