Oklahoma: Restaurant Remodel Both exits require wheelchair exit?

[duffelbag]

Hi There -

I'm in the process of remodeling the first floor of a 1910's building into a restaurant. The front entrance is street level with no level change. It is double doors and both are 36" so this entrance is 100% ADA compliant. My question is regarding the back/side exit. The back/side door is only a service entrance, entering into the kitchen. There is a 56" level change from the street level down into the restaurant. I have drawn in on plan an ADA compliant stairwell with 7'6 x 7'6 landing leading to the out-swing exit door. My local building inspector is giving me grief on this and saying that I need a ramp here. I don't think this is the case. Does anyone here know?

Thanks!

 

[bill1952]

What is occupant load of assembly portion of restaurant - how many chairs or stools? I'm guessing under 50 since only one public egress not through kitchen, but maybe I misunderstand. If so, I believe it's acceptable for employees with disabilities to enter through main entry.

 

[e hilton]

If there is a refuge area outside the back door, you don’t need a ramp.

 

[duffelbag]

We are looking at the occupancy being 150, as we have (2) unisex single occupancy bathrooms. Total seats we have are 94.
I think there is refuge outside the door, as its just open to a large (20'+ wide) alleyway.

 

[bill1952]

For 94 or 150 occupants, I believe you are required to have two means of egress, and neither can be through a kitchen. Pretty sure when 2 or more MOE are required, 2 must be accessible. Perhaps there are local amendments to the contrary.

 

[steveray]

If it is an existing MOE, it does not need to be made accessible...The IEBC is your friend on this one....

 

[classicT]

1009.1 Accessible Means of Egress Required
Accessible means of egress shall comply with this section. Accessible spaces shall be provided with not less than one accessible means of egress. Where more than one means of egress is required by Section 1006.2 or 1006.3 from any accessible space, each accessible portion of the space shall be served by not less than two accessible means of egress.

Exceptions:​

1. Accessible means of egress are not required to be provided in existing buildings.
2. One accessible means of egress is required from an accessible mezzanine level in accordance with Section 1009.3, 1009.4 or 1009.5.
3. In assembly areas with ramped aisles or stepped aisles, one accessible means of egress is permitted where the common path of egress travel is accessible and meets the requirements in Section 1029.8.
4. In parking garages, accessible means of egress are not required to serve parking areas that do not contain accessible parking spaces.

 

[Yikes]

1. The are is often more that one accessibility regulation that you need to follow: (a) whatever is in your locally adopted building code, as it would apply to a remodel to an existing building; (2) the ADA Standards, which are typically NOT enforced by the building department / building inspector, but are civil rights law, enforced when someone sues, claiming you've discriminated against them.
2. Ask your inspector for the specific code citation so that you can better understand his concerns. He needs to cite not merely how to create an accessible exit, but WHERE the locally adopted building code (which may be the "Existing Building Code" says that an alteration must have all exits be accessible,
3. For what it's worth, out here in lawsuit-friendly California, both our adopted local codes say that an alteration only requires one accessible means of egress - which is what you already have. Even then, there's exceptions when to that requirement when you can demonstrate that it would be "technically infeasible".
3. ADA, which the inspector typically cannot enforce on private businesses, likewise says that you only need one accessible route to the area of the remodel, which you already have. There are certain exceptions for when existing buildings cannot make this "readily achievable", and some less stringent requirements when the building is considered historic.

IT goes back to #2. Get the inspector to write the specific code citation that shows how it applies to an existing property undergoing an alteration. Let us know what you find out.

 

[bill1952]

Several mention existing building exemptions but this looks like a clear change of occupancy. If you change from say B where occupant load doesn't require 2 MOE to A, can you still claim that exemption? Maybe 2 answers, one for basic MOE and one for accesible.

 

[steveray]

Several mention existing building exemptions but this looks like a clear change of occupancy. If you change from say B where occupant load doesn't require 2 MOE to A, can you still claim that exemption? Maybe 2 answers, one for basic MOE and one for accesible.

Yes....Existing MOE is basically off limits for accessible upgrades.....New MOE or route in an existing building is another matter...

 

[classicT]

Several mention existing building exemptions but this looks like a clear change of occupancy. If you change from say B where occupant load doesn't require 2 MOE to A, can you still claim that exemption? Maybe 2 answers, one for basic MOE and one for accesible.

You are correct.

Accessible means of egress and accessible routes are two entirely different items.

For example, stairs can be part of an accessible means of egress.