ADA access @ Level 2 in Existing Building?

[palikona]

I'm working on the design an existing 2 story building remodel and have an ADA question. If the existing building doesn't have ADA access to the existing offices on Level 2, do we need to provide it in a new remodel? Is there an exception in the IEBC? I cannot find anything.
Thank you.

 

[arwat23]

I'm not an expert in IEBC, but might the exceptions in 2021 IEBC 306.7.1 apply, specifically exception 1?

Exceptions:

1. The costs of providing the accessible route are not required to exceed 20 percent of the costs of the alterations affecting the area of primary function.
2. This provision does not apply to alterations limited solely to windows, hardware, operating controls, electrical outlets and signs.
3. This provision does not apply to alterations limited solely to mechanical systems, electrical systems, installation or alteration of fire protection systems and abatement of hazardous materials.
4. This provision does not apply to alterations undertaken for the primary purpose of increasing the accessibility of a facility.
5. This provision does not apply to altered areas limited to Type B dwelling and sleeping units.

 

[palikona]

^^^ That seems to make sense to me. Thank you.

 

[walker.t]

I'm working on the design an existing 2 story building remodel and have an ADA question. If the existing building doesn't have ADA access to the existing offices on Level 2, do we need to provide it in a new remodel? Is there an exception in the IEBC? I cannot find anything.

This post may have some comments you might find useful:

Do we need an elevator in our building?

Dear Building Code Experts, I am a humble building owner that bought an old church back in 2020, and brought the existing building up to code at that time with Sprinklers, Fire Alarms, etc. and turned it into a two level childcare for our community as there was not enough childcare available in...

www.thebuildingcodeforum.com

I’d also consider the size of the building and the nature of the office you mentioned, this link mentions offices of healthcare providers:

U.S. Access Board - Chapter 4: Accessible Routes

The U.S. Access Board is a federal agency that promotes equality for people with disabilities through leadership in accessible design and the development of accessibility guidelines and standards for the built environment, transportation, communication, medical diagnostic equipment, and...

www.access-board.gov

Not sure what you mean by “offices,” like a bunch of small offices for a single tenant occupying the entire building or the maybe just the second floor, maybe each “office” is a tenant space which has offices inside of it?

 

[palikona]

I'm not an expert in IEBC, but might the exceptions in 2021 IEBC 306.7.1 apply, specifically exception 1?

Exceptions:

1. The costs of providing the accessible route are not required to exceed 20 percent of the costs of the alterations affecting the area of primary function.
2. This provision does not apply to alterations limited solely to windows, hardware, operating controls, electrical outlets and signs.
3. This provision does not apply to alterations limited solely to mechanical systems, electrical systems, installation or alteration of fire protection systems and abatement of hazardous materials.
4. This provision does not apply to alterations undertaken for the primary purpose of increasing the accessibility of a facility.
5. This provision does not apply to altered areas limited to Type B dwelling and sleeping units.

Only question is: how do I prove that?

 

[palikona]

This post may have some comments you might find useful:

Do we need an elevator in our building?

Dear Building Code Experts, I am a humble building owner that bought an old church back in 2020, and brought the existing building up to code at that time with Sprinklers, Fire Alarms, etc. and turned it into a two level childcare for our community as there was not enough childcare available in...

www.thebuildingcodeforum.com

I’d also consider the size of the building and the nature of the office you mentioned, this link mentions offices of healthcare providers:

U.S. Access Board - Chapter 4: Accessible Routes

The U.S. Access Board is a federal agency that promotes equality for people with disabilities through leadership in accessible design and the development of accessibility guidelines and standards for the built environment, transportation, communication, medical diagnostic equipment, and...

www.access-board.gov

Not sure what you mean by “offices,” like a bunch of small offices for a single tenant occupying the entire building or the maybe just the second floor, maybe each “office” is a tenant space which has offices inside of it?

It would be 4 separate office suites per floor, for different tenants. Because of that, does the second floor need to be accessible since those 4 spaces wouldn't be accessible?

 

[arwat23]

Only question is: how do I prove that?

Not sure how other states do this, but in California we have a Disabled Access Hardship Application Form. CA calculates this hardship (the 20% cost requirement) a bit differently than IEBC, but the idea of proving you're exceeding the 20% maximum requirement is the same. Attached is an example of a form I've used in the past, unique to the city the project was in.

Check with the AHJ for your project and see if they have a form like this or if they have anther method to prove the exception is applicable.

 

[e hilton]

Only question is: how do I prove that?

Limited personal experience. Applying for a commercial reno permit in maryland, they no longer accept a fill-in-the-blank entry on the application form where it asks for the value of construction, they now require a copy of the gc proposal. What they don’t ask for is the value of ff&e, design fees and other items not part of the gc scope.

 

[walker.t]

If the existing building doesn't have ADA access to the existing offices on Level 2, do we need to provide it in a new remodel?

Because of that, does the second floor need to be accessible since those 4 spaces wouldn't be accessible?

When you say “ADA access” and “does the second floor need to be accessible,” I’m assuming you mean providing an elevator. Keep in mind that there are accessibility requirements beyond elevators, such as handrail requirements, door maneuvering clearances, and requirements in restrooms. So with or without an elevator you must still provide accessible elements on the second floor if you are renovating the second floor.

As for needing an elevator, my initial response is that an elevator would not need to be added for access to the second floor. However, if in the future a doctor’s office wanted to move into a second floor unit you’d have to provide an elevator at that time. You’d probably want to include an elevator shaft in your work now.

 

[Yankee Chronicler]

Only question is: how do I prove that?

It would be 4 separate office suites per floor, for different tenants. Because of that, does the second floor need to be accessible since those 4 spaces wouldn't be accessible?

Now you are asking a different question than your original question. The the answer to the original question is the 20% limitation, as mentioned above by arwat23. I am no longer licensed as an architect in California, so I don't know how they calculate the 20% in California. In general, though, what you need to understand is that the 20% rule is not a "get out of jail free" card. It doesn't mean that if an elevator would cost more than 20% of the total construction cost you don't have to do anything. As walker.t points out, "accessibility" means a lot more than an elevator.

The 20% rule in the IEBC is a codification of the ADA provision that says the cost of creating accessibility in exiting buildings shall not be unreasonable (or maybe the ADA word was "disproportionate" -- don't remember.) The ADA basically said that, but didn't in any way quantify where to draw the line between "reasonable" and "unreasonable." Over the years, courts settled on 20% as being a reasonable limit on accessibility improvements, and the ICC codes long ago put that into the code. But it doesn't say that if an elevator will cost more than 20% you don't have to do anything.

The 20% rule starts with the requirement that any space you alter or change the occupancy of must be made accessible. The 20% rule then addresses the accessible route TO the affected space(s). The accessible route begins at the accessible parking, continues across the site through the accessible entrance, and then follows through the building to the affected space(s). By definition (unless California changed it), the accessible route includes the toilet rooms and drinking fountains serving the affected space(s). So if an elevator will cost more than 20%, unless everything about the accessible route to the affected spaces is already 100% compliant, you are required to spend "up to" 20% of the construction cost on improving other aspects of the accessible route.

The theory is that, while it may be unreasonable to require a small renovation to make everything about a building 100% accessible in one go, if several small projects over the years each make some improvements, eventually the building may be made 100% accessible -- which is the goal of the ADA.

How do you prove that you are spending 20% on accessibility upgrades? You submit a detailed cost breakdown for the project, showing ALL construction costs and highlighting those costs that apply toward accessibility upgrades.

 

[Mr. Inspector]

You could just build part of an elevator to use the 20%, like just the foundation for an elevator.