20% Rule

[Yikes]

So I talked to a DSA staffer today on yet another alteration project, asking them whether an alteration that provides all 5 items in 11B-202.4 also has to make parking accessible, even though it isn't mentioned as one of the 5 items.
The staff said "yes, that's our interpretation". I pointed our that the code doesn't explicitly say that, and I asked him how they could arrive at an interpretation that exceeds code.
He conceded that 202.4 was poorly written if the intent was to require parking.
They hang their hat on the CBC 202 definition of "Path Of Travel" where it says that a path of travel "connects a particular area with AN [singular, not plural] exterior approach (including sidewalks, streets, and parking areas), an entrance to the facility, and other parts of the facility."

I pointed out that we have "an" (one) POT from the public sidewalk through the accessible entry door and to the area of alteration. So why would we need a second POT from the parking. He responded that the way they interpreted it, it was all one big route, akin to spokes on a wheel all being part of one wheel.
I would counter that if that is how they interpret CBC 202 definition of path of travel, then this hub-and spoke definition must include not only accessible "parking areas" but also accessible "sidewalks" and accessible "streets", which of course belong to the city. When was the last time you saw an office remodel become responsible to provide an "accessible street"?

Furthermore, even if you agree with DSA's reach on this interpretation, it does not say the parking space(s) needs to be accessible - - it only says the path to the parking area needs to be accessible. You could have a path going right to the edge of the parking lot, with no accessible parkign, and the requirement would be fulfilled.

 

[Mr. Inspector]

DSA is wrong. You are right it does not say accessible parking or anything else just the POT needs to be accessible. What happens if there is no parking lot or sidewalk on the site? I don't know how hard it is to appeal in CA. In PA it's easy to appeal an accessibility interpretation and you can get a temporary C. O. after you ask for an appeal which cost only $100.

 

[Tim Mailloux]

In my experience on the design side here in CT, when applying the 20% rule, the accessible route starts at and includes the handicap parking spaces. The IEBC doesn’t have a definition for accessible route, but the IBC does.

ACCESSIBLE ROUTE. A continuous, unobstructed path that complies with Chapter 11.

Seeing how Handicap parking spaces are covered under chapter 11, I can easily see hoe someone could infer that handicap parking is covered under the 20% rule.

 

[Yikes]

In my experience on the design side here in CT, when applying the 20% rule, the accessible route starts at and includes the handicap parking spaces. The IEBC doesn’t have a definition for accessible route, but the IBC does.

ACCESSIBLE ROUTE. A continuous, unobstructed path that complies with Chapter 11.

Seeing how Handicap parking spaces are covered under chapter 11, I can easily see hoe someone could infer that handicap parking is covered under the 20% rule.

Yes, but your key phrase is "when applying the 20% rule".
Q: When does the 20% rule apply to an alteration?
A: When you are proposing less than full compliance with the accessibility requirements for a path of travel serving an alteration.
Q: But what if DO intend to provide full compliance for a path of travel for alterations - - does that include a requirement to make parking accessible?
A: No, it is not one of the 5 items listed to achieve a fully compliant path-of-travel.

 

[mtlogcabin]

The state requires a paved accessible parking space and the order of priority with regards to expenditure of the 20% rule.

Montana Code Anointed

(5) (a) If a paved parking lot is not planned or present for a public building, a person or entity constructing the public building is not required to pave the entire lot, unless otherwise required by law, ordinance, or applicable building code, but shall provide pavement or a similarly firm, stable, and slip-resistant surface for parking spaces designated for persons with disabilities.

(2) (a) A person or entity is not required to make alterations to provide an accessible path of travel to an altered primary function area if in terms of cost and scope the alterations to the path of travel are disproportionate to the cost of the alterations to the primary function area. Alterations to a path of travel to an altered primary function area must be considered disproportionate if the cost exceeds 20% of the cost of the alterations to the primary function area. This subsection does not prohibit an expenditure to alter a path of travel that exceeds 20% of the cost of the alterations to a primary function area.

(b) If the cost of altering a path of travel to an altered primary function area is disproportionate as provided in subsection (2)(a), the path of travel must be made accessible to the extent possible without incurring disproportionate costs. The alterations to the path of travel must be made by providing, in the following order or priority:

(i) an accessible entrance and accessible exterior route to the accessible entrance from accessible parking and passenger loading zones or from a public sidewalk if the public sidewalk is immediately adjacent to the public building site;

(ii) an accessible path of travel to the altered primary function area;

(iii) accessible restrooms for each sex or a single unisex restroom when allowed by the applicable building code; and

(iv) accessible elements, including but not limited to storage spaces and alarms.

 

[Yikes]

The state requires a paved accessible parking space and the order of priority with regards to expenditure of the 20% rule.

Montana Code Anointed

(5) (a) If a paved parking lot is not planned or present for a public building, a person or entity constructing the public building is not required to pave the entire lot, unless otherwise required by law, ordinance, or applicable building code, but shall provide pavement or a similarly firm, stable, and slip-resistant surface for parking spaces designated for persons with disabilities.

I've always seen the number of required parking spaces in Zoning code, not in building code. The way I'm reading this excerpt, it is not telling us that every public building must have a parking space. It is saying that when parking spaces are provided for a public building, and the building code says that xx% of those spaces shall be designated accessible, then those designated accessible parking stalls need to either be paved or have a similar-performing surface treatment.