Accessible Route to Assembly Area with Fixed Seating

[Kroner19]

Hello all,

2020 Building Code of NYS - A-3 Assembly Space - Two-story

I'm currently reviewing a proposed two-story house of worship (first floor and basement). Both floors are above the 3000 sq. ft. threshold to use exc. #1 of 1104.4. Both floors will be used for assembly space. Both assembly spaces have flat floors.

During my initial review I called out the need for an elevator (accessible route) between the 1st floor and basement. The architect came back by proposing fixed seating in both the first and basement floor assembly areas. Does the addition of fixed seating negate the need for an accessible route to each story? The code sections and definitions which may apply here are below:

1104.4 Multistory Buildings and Facilities
At least one accessible route shall connect each accessible story, mezzanine and occupied roofs in multilevel buildings and facilities.
Exception #2 – Stories, mezzanines or occupied roofs that do not contain accessible elements or other spaces as determined by Section 1107 or 1108 are not required to be served by an accessible route from an accessible level.

Section 1108 Special Occupancies
1108.2 Assembly Area Seating - A building, room or space used for assembly purposes with fixed seating shall comply with Sections 1108.2.1 through 1108.2.5.
1108.2.1 Services - If a service or facility is provided in an area that is not accessible, the same service or facility shall be provided on an accessible level and shall be accessible
Element (Def. per ICC A117.1-2009) – An architectural or mechanical component of a building, facility, space or site.

Facility (Def. per BCNYS) - All or any portion of buildings, structures, site improvements, elements and pedestrian or vehicular routes located on a site.

Fixed Seating (Def. per BCNYS) - Furniture or fixture designed and installed for the use of sitting and secured in place including bench-type seats and seats with or without backs or armrests.

The architect is stating that each floor contains the same elements/facilities (assembly spaces, bathrooms, coffee areas, etc.) and as such an accessible route is not required.

Has anyone come across this scenario before? I'm getting hung up on the "accessible element" portion of 1104.4 exc. #2 as the basement does contain accessible bathroom facilities, diaper changing tables, hi/low drinking fountains, accessible sinks, etc. Any insight would be greatly appreciated. Thanks.

Side note - We do NOT enforce the ADA standards, only the ICC A117.1-2009.

 

[steveray]

Soooooo....Do they show the service that is going on upstairs on the big screen downstairs?

 

[Kroner19]

For this discussion....let's say they do show the service upstairs on a screen downstairs

 

[LR419]

Per 1108.2.1 (assuming the first floor is the accessible level), the question would be, do they show the service that is going on downstairs on the big screen upstairs?

 

[bill1952]

In my experience - only assembly occupancies - with fixed seats it depends on seating counts. If fewer than a fourth of seats are one one of the levels, no wheelchair spaces or accessible route required, as long as same amenities on 3/4 level. I believe this matches ADA. From 2024:

1109.2.4​

In multilevel assembly seating areas, wheelchair spaces shall be provided on the main floor level and on one of each two additional floor or mezzanine levels. Wheelchair spaces shall be provided in each luxury box, club box and suite within assembly facilities.

Exceptions:

1. 1.In multilevel assembly seating areas utilized for worship services where the second floor or mezzanine level contains 25 percent or less of the total seating capacity, wheelchair spaces shall be permitted to all be located on the main level.
2. 2.In multilevel assembly seating areas where the second floor or mezzanine level provides 25 percent or less of the total seating capacity and 300 or fewer seats, all wheelchair spaces shall be permitted to be located on the main level.
3. 3.Wheelchair spaces in team or player seating serving areas of sport activity are not required to be dispersed.

 

[Yankee Chronicler]

The architect is stating that each floor contains the same elements/facilities (assembly spaces, bathrooms, coffee areas, etc.) and as such an accessible route is not required.

A117.1 only provides technical requirements for accessible design. The scoping (application) comes from the IBC, in the chapter on accessibility. The basic requirement is that everything needs to be accessible (unless there's an exception):

1103.1 Where Required​

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

The exceptions are listed in IBC section 1103.2 and sections 1104 through 1111. There's nothing under 1103.2 that would provide an exception, but there is a provision that certainly suggests that an entire story is NOT exempt:

1103.2.8 Areas in Places of Religious Worship​

Raised or lowered areas, or portions of areas, in places of religious worship that are less than 300 square feet (30 m2) in area and located 7 inches (178 mm) or more above or below the finished floor and used primarily for the performance of religious ceremonies are not required to comply with this chapter.

The architect seems to be relying on IBC 1108.2.1. However, that section offers an exception for areas that are not accessible, not for leaving entire stories inaccessible. Refer back to 1103.2.8, which provides for areas less than 300 square feet to be exempt from accessibility. I think these two sections should be read, interpreted, and applied in conjunction with one another.

 

[Kroner19]

Thank you all for the replies. We do a lot of Houses of Worship in my jurisdiction and the applicant on this project builds a lot of them so I'd like to get this right and end the discussion once and for all.

One last question....

Would anyone agree that exc. #2 of Sec. 1104.4 can't be used in this situation as the basement floor DOES contain accessible elements?

Exception #2 – Stories, mezzanines or occupied roofs that do not contain accessible elements or other spaces as determined by Section 1107 or 1108 are not required to be served by an accessible route from an accessible level.

Does the "or other spaces...." keep this exception viable? If exc. #2 is off the table that would make my life easier. If not, I will use Yankee's interpretation of 1108 applying to areas and not entire stories.

Thanks again.

 

[Yankee Chronicler]

An area containing a primary function is required to be accessible unless it meets one of the specific exceptions. The section you are now asking about refers to areas such as mechanical rooms, electrical closets, non-occupiable roofs that only require service access for rooftop mechanical rooms, etc.

It doesn't matter if the basement story contains accessible toilet rooms or not. In reality, if they are arguing that the basement does NOT need to be accessible -- why would they put in accessible toilet rooms? The point is that the starting point of the code is that all rooms and spaces shall be accessible -- and then there are some specific exceptions. This basement assembly space doesn't meet any of the exceptions.