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Accessibility to area of primary function

V

VLADIMIR LEVIN

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Joined
Jun 11, 2019
Messages
151
Location
NY
In an existing building where I am creating a second story, does that 2nd story need to be accessible if both the 1st floor and 2nd floor have the same primary function? In other words the services provided on the 2nd floor are the same as the 1st floor.
 
VLADIMIR LEVIN said:
What?
Click to expand...
And if you don't see a way out in 1103 or 1104 IBC, there isn't one.....

SCOPING REQUIREMENTS​


1103.1​

Sites, buildings, structures, facilities, elements and spaces, temporary or permanent, shall be accessible to individuals with disabilities.

1103.2​

Sites, buildings, structures, facilities, elements and spaces shall be exempt from this chapter to the extent specified in this section.

SECTION 1104​

ACCESSIBLE ROUTE​

 
Mr. Inspector said:
If it needs to be accessible, it won't need accessible route to it if it meets any of the exceptions in 1104.4. It will still need accessible egress.
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If it doesn't need to be accessible...It doesn't need to be accessible....

1009.1​

Accessible means of egress shall comply with this section. Accessible spaces shall be provided with not less than one accessible means of egress
 
VLADIMIR LEVIN said:
This is an existing building. I think there is an exception about " technically not feasible... cost more than 20%"
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Except that doesn't really apply to additions...Even though the code language sucks...

306.6​

Provisions for new construction shall apply to additions. An addition that affects the accessibility to, or contains an area of, a primary function shall comply with the requirements in Section 306.7.1.
 
steveray said:
Except that doesn't really apply to additions...Even though the code language sucks...

306.6​

Provisions for new construction shall apply to additions. An addition that affects the accessibility to, or contains an area of, a primary function shall comply with the requirements in Section 306.7.1.
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even though all the work is interior? The existing interior space is 34' floor to ceiling and I'm inserting another floor.
 
VLADIMIR LEVIN said:
even though all the work is interior? The existing interior space is 34' floor to ceiling and I'm inserting another floor.
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[A] ADDITION.

An extension or increase in floor area, number of stories, or height of a building or structure.

Are you willing to put up a sign that says "you cripples stay down there on the first floor"?...No? Then you are probably doing something wrong....
 
Not sure what NY has adopted, but this is from IEBC 305.7. Like Steveray said, the language could be better. 305.7 is for "alterations" though 305.5 for additions sends you to 305.7 and the commentary to 305.7 seems to say the addition can use the 20% provision. Might be the only forgiveness if the AHJ accepts it.

Exception 1 approaches this by utilizing the cost of
the alterations or addition as a basis for determining if
providing a complete accessible route is reasonable.
The requirement for a complete accessible route
does not apply where the cost of providing it exceeds
20 percent of the cost of the alterations or addition to
the primary function area. These costs are intended
to be based on the actual costs of the planned alterations
or addition to the primary function area before
consideration of the cost of providing an accessible
route. For example, if the planned alterations will cost
$100,000, not including the cost of an accessible
route to a primary function area, this exception would
apply if the additional cost of providing the accessible
route would exceed $20,000
 
Sifu said:
Not sure what NY has adopted, but this is from IEBC 305.7. Like Steveray said, the language could be better. 305.7 is for "alterations" though 305.5 for additions sends you to 305.7 and the commentary to 305.7 seems to say the addition can use the 20% provision. Might be the only forgiveness if the AHJ accepts it.

Exception 1 approaches this by utilizing the cost of
the alterations or addition as a basis for determining if
providing a complete accessible route is reasonable.
The requirement for a complete accessible route
does not apply where the cost of providing it exceeds
20 percent of the cost of the alterations or addition to
the primary function area. These costs are intended
to be based on the actual costs of the planned alterations
or addition to the primary function area before
consideration of the cost of providing an accessible
route. For example, if the planned alterations will cost
$100,000, not including the cost of an accessible
route to a primary function area, this exception would
apply if the additional cost of providing the accessible
route would exceed $20,000
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But the first part of 306.6 sends you to like new....Which I believe is the intent....Remember the primary function area is likely the addition AND the rest of the building....
 
steveray said:
But the first part of 306.6 sends you to like new....Which I believe is the intent....Remember the primary function area is likely the addition AND the rest of the building....
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This is also sort of echoed in 306.7.9

306.7.9​

Where an escalator or stairway is added where none existed previously and major structural modifications are necessary for installation, an accessible route complying with Section 1104.4 of the International Building Code is required between levels served by such escalator or stairway.
 
I said might...but I concede

I was in the 2018 codes when I originally posted so I'll stay with that. A quick look at the 2024 IEBC commentary at 306.6 seems a little more firm that the addition must comply with the IBC. The example used (in both commentaries) says that all elements within parameter of the addition must be accessible, then the route to the addition would be considered by 305.7. In effect, I think it says you must spend 20% of the budget to get to the elevator, but there must be an elevator.
 
steveray said:
But the first part of 306.6 sends you to like new....Which I believe is the intent....Remember the primary function area is likely the addition AND the rest of the building....
Click to expand...

Assuming the same functions or services are offered or performed on both stories, then both would qualify. But be careful of terminology. I'm as guilty as most of using the term "primary function area," but that's not what the code addresses. It actually refers to areas containing a primary function. It's a subtle difference, but it can cause or resolve misunderstandings.

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1761759769163.png

Both stories may (or may not) contain a primary function but, if they both do, they are still two separate areas containing a primary function. They don't become a single area just because they both contain the same primary function.
 
steveray said:
Sorta....per the OP, it is the same on both floors which is what he was hoping got him out of an accessible route...
Click to expand...

I understand. But ... as has been commented above, the addition of a second story is an addition, and is subject to compliance with the IBC. And the new second floor is larger than 3,000 square feet, so it's not exempt from accessibility.
 
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