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ada elevator requirement existing building

B

beachmonkey

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Jan 29, 2019
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USA
I am thinking of leasing a space on the 4th floor of a 4 story building in Myrtle beach, SC that hasnt been used in a long time. the building was built in 1982 and doesnt have an elevator to the 4th floor.

the Space will be for low occupancy office/studio (less than 49 people, but usually only 1-2 people) and not open to the public.

I am only going to do cosmetic changes (paint the walls and floor) to the primary area, add an hvac system and put a toilet and sink in the bathroom.

I was told by the city plan reviewer (when i told him my plans) that i need to install an elevator encase a handicapped person needed to get in. the elevator would be 50,000 minimum to install.

I looked up the requirement and spoke to someone at an ADA group and they said that
III-6.2000 Alterations: Path of travel "required to the extent that they are not "disproportionate" to the original alteration, that is, to the extent that the added accessibility costs do not exceed 20 percent of the cost of the original alteration to the primary function area." (20 percent disproportionality limitation meaning they wont require an elevator if it grossly exceeds the total percentage of your budget)

exceptions: the path of travel requirement is not triggered if alteration work is limited solely to the electrical, mechanical, or plumbing system, hazardous material abatement, or automatic sprinkler retrofitting, unless the project involves alteration to elements required to be accessible. (so painting or adding HVAC system doesnt count toward changing path of travel)

my total cost of the bathrooms will be about $500 and ill have to spend $100 (20%) if possible on make the bathroom ada compliant.

My question is... is there something in the international building codes that most USA cities (including Myrtle beach) that goes beyond the ADA requirement?)
 
This would be a Level 1 Alteration in the International Existing Building Code and would not need an elevator.
But if it is a "Change of Occupancy" then you need to spend at least 20% towards an accessible route. Since you are spending so little just some lever door nobs might do it.
 
Per their website, design and construction of facilities for accessibility as required by the 2015 IBC and the 2015 IPMC.
So a dis-proportional cost of an elevator would not normally be required, ask for a code section.
 
Rick18071 said:
This would be a Level 1 Alteration in the International Existing Building Code and would not need an elevator.
But if it is a "Change of Occupancy" then you need to spend at least 20% towards an accessible route. Since you are spending so little just some lever door nobs might do it.
Click to expand...
that's what i thought. I have no idea why the guy at the city said i needed an elevator
 
mark handler said:
Per their website, design and construction of facilities for accessibility as required by the 2015 IBC and the 2015 IPMC.
So a dis-proportional cost of an elevator would not normally be required, ask for a code section.
Click to expand...
i will do that for sure. I just wanted to go into any meeting with the city building admin armed with some knowledge. what he was telling me on the phone didnt seem correct at all.
 
What type of Buisness, yes it does matter.....
Medical-Dental requires Elevators.....
 
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If a "B" it must minimally comply with Chapter 11 to the degree it is possible.
Has the landlord addressed his responsibility to comply with ADA barrier removal requirements (building entrance. door hardware & widths, etc.?
 
ADAguy said:
If a "B" it must minimally comply with Chapter 11 to the degree it is possible.
Has the landlord addressed his responsibility to comply with ADA barrier removal requirements (building entrance. door hardware & widths, etc.?
Click to expand...
everything is ADA compliant in the first floor businesses.
 
ADAguy said:
Yes but, you are looking at the 4th flr. All doors providing access to tenant spaces must comply.
Click to expand...
not for an existing building. Existing building need only to comply when they make a change to the path of travel and that effort shall not exceed 20% of the total cost of the money spent on the change to the path of travel. III-6.2000 Alterations
 
beach, you (landlord) have 2 separate issues here; yours being code compliance and the landlords being an ongoing requirement per ADA to remove existing barriers. Has he removed barriers to access?
 
beachmonkey said:
the Space will be for low occupancy office/studio (less than 49 people, but usually only 1-2 people) and not open to the public.

I am only going to do cosmetic changes (paint the walls and floor) to the primary area, add an hvac system and put a toilet and sink in the bathroom.
Click to expand...

Hoe many square feet is this space and what is the calculated occupant load of the space? Based on your comment above it sounds like you only have one toilet (aka bathroom). Depending on the calculated occupant load per the building code one toilet room may not be enough.

For a rough idea of the calculated occupant load for a B occupancy divide the space square footage by 100, that will get you close. If you have a conference room or two that number will go up.
 
ADAguy said:
beach, you (landlord) have 2 separate issues here; yours being code compliance and the landlords being an ongoing requirement per ADA to remove existing barriers. Has he removed barriers to access?
Click to expand...
the existing barriers for access for exiting building is only triggered when there is a change for a path of travel. I spoke at great lengths to someone at the ada advocacy group, and they concurred the federal law i quoted earlier. The first floor has changed business tenants since the ada was passed and those units are ada compliant. the 2nd floor tenant has been there since before the ada was passed, and has never done any remodel to change the path of travel. the 3rd and 4th floors have been empty since the early 90's. A landlord does not need to do anything for ada until there is a change in the path of travel, and they need to only spend 20% of the total amount of budget of the total change of the path of travel on ada upgrades to that change. The law is very clear on existing building. On new buildings, it must be ada compliant period.
 
Tim Mailloux said:
Hoe many square feet is this space and what is the calculated occupant load of the space? Based on your comment above it sounds like you only have one toilet (aka bathroom). Depending on the calculated occupant load per the building code one toilet room may not be enough.

For a rough idea of the calculated occupant load for a B occupancy divide the space square footage by 100, that will get you close. If you have a conference room or two that number will go up.
Click to expand...
it is 5600 square feet (open space). we are going to do a change of occupancy to be less than 50. however, there is plumbing already in place for two toilets, it just needs the toilets.
 
Missed the point beach, no Grandfathering. The landlord has had a duty to comply since 91' whether he remodels or not. Knobs must go.
 
state law should require at least an architect ( building is over 5,000 SF and over three stories in height. (Yes it still references the Standard Building Code occupacies but is enforced as occupancies are identified by the current 2015 South Carolina Building Code.

excerpt from SC STATE architecture law .

Exception # 2
2) a building less than three stories high and containing fewer than five thousand square feet of total floor area except buildings of assembly, institutional, educational, and hazardous occupancies as defined by the Standard Building Code, regardless of area;
 
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