Elevator reqd for existing building

[R Larkins]

The local Parks and Rec Dept recently purchased an existing 2 story building with 4000sf lower floor, and 2600sf upper. The building had previously been a retail 1st floor and offices upstairs. The building was constructed about 20 years ago and does not have an elevator using the elevator exception for private funding and under 3000sf upper floor. The proposed project includes change of use for the lower level only to A assembly for rec programs, while the upper level is to remain a B for the rec dept administrative offices. Other improvements planned are upgraded accessible restrooms on both levels, and small office alterations on both levels.

How does the elevator exception apply to an existing building that is now publically funded?

 

[classicT]

The exception does not apply....

Someone is going to have to look at the IEBC (or whatever is locally adopted) and carefully see if an exception can be applied. Perhaps the maximum 20% rule.

 

[Tim Mailloux]

I would agree that your only out is the 20% rule.

 

[Mr. Inspector]

Don't know what CA code or ADA says but this is what I use from 2015 IBC:

1104.4 Multistory buildings and facilities. At least one
accessible route shall connect each accessible story and mezzanine
in multilevel buildings and facilities.
Exceptions:
1. An accessible route is not required to stories and
mezzanines that have an aggregate area of not more
than 3,000 square feet (278.7 m2) and are located
above and below accessible levels. This exception
shall not apply to:
1.1. Multiple tenant facilities of Group M occupancies
containing five or more tenant
spaces used for the sales or rental of goods
and where at least one such tenant space is
located on a floor level above or below the
accessible levels;
1.2. Stories or mezzanines containing offices of
health care providers (Group B or I);
1.3. Passenger transportation facilities and airports
(Group A-3 or B); or
1.4. Government buildings.

 

[Tim Mailloux]

its a judgement call but I would think that any municipal building open to the public would fall under 'Government Building' classification.

 

[R Larkins]

While California words it a bit differently, I agree that an elevator would be required in this building if it was new construction. In CA, the elevator exception only applies to "Privately" funded projects that meet the # of Stories and SF thresholds. A new building for this government agency would require an elevator.

My question relates more to the change in use proposed for the lower level of this existing building that they purchased. If we were not doing any improvements on the upper level, can a government agency move into the upper level in an existing building that was previously exempt when it was constructed as a private public accommodation?

ADA appears to allow "program relocation" under Title II for government agencies. My take of that is if similar programs and facilities are provided on the lower level they would comply with ADA. But I think the CBC is going to require an elevator.

 

[steveray]

IEBC applies, 20%.....as it is not a complete change of use so the full route of 1104 not required.....But they would still be on the hook for ADA....

1012.8.1 Partial change in occupancy. Where a portion
of the building is changed to a new occupancy classification,
any alteration shall comply with Sections 705, 806
and 906, as applicable.

 

[mark handler]

There is no exemption, that I know of, in California, for "governmental" buildings from the Elevator requirement.

 

[Sifu]

A similar scenario presented itself to me today. Existing building (private, not Gov't) two story with a basement. Proposal is to add a stair to the basement and convert it into a B or A use, open to the public with direct outside access. No current elevator. I see few issues but maybe not all.

-An accessible route is required if the aggregate area of the new basement and 2nd floor exceed 3000^ft, so one or the other would need to be provided with an accessible route. The accessible route must generally be the same as the circulation path.
-The basement has no toilet facilities, and an accessible route is required to them. Going outside and then back inside would not be the route used by the general public.
-IEBC requires an accessible route be provided when a stair new stair is provided where one did not exist before.
-IEBC requires an alteration affecting an area of primary function to provide an accessible route to the bathrooms.
-IEBC prohibits a non-conformity from being created by adding square footage or levels accessed by the public.

Possible solutions:
-Add an elevator
-Add accessible toilet facilities in the basement.

The 20% rule would be in lay but I still don't know how you could justify adding a tenant space without access to restrooms.

Accessibility issues can be difficult to navigate, I appreciate all thoughts. So far this is just a proposal from the building owner to see if it is feasible. I would like to provide them with guidance that may prevent hurt feelings later.

 

[Yikes]

Ral, you are right, look to a Title II program relocation as an ADA compliance..
For California 11B - - use the 20% rule.

 

[mark handler]

Ral, you are right, look to a Title II program relocation as an ADA compliance..
For California 11B - - use the 20% rule.

You can try.

 

[ADAguy]

Government services available to the public on the 2nd floor must be accessible unless duplicated on the 1st floor.

 

[Joe.B]

IEBC applies, 20%.....as it is not a complete change of use so the full route of 1104 not required.....But they would still be on the hook for ADA....

1012.8.1 Partial change in occupancy. Where a portion
of the building is changed to a new occupancy classification,
any alteration shall comply with Sections 705, 806
and 906, as applicable.

Unfortunately CA did not adopt much of the IEBC, looks like only chapters 1-6.

To the original post: Check out 2019 CEBC section 305A - Accessibility for existing buildings. Specifically 305A.6 Alterations.... "unless technically infeasible..." and if it happens to be a historic building you could use 305A.9, maybe.

Good luck.