ADA exception

[e hilton]

Am I correct ... when 2012 IEBC B.408.1 says the provisions of this code shall not be mandatory for historic buildings ... that does not overrule ADA requirements.

ADA has a historic exemption clause, but certain criteria have to be met. My archy says we don’t have to comply because of iebc, I’m saying we have to follow ADA.

 

[JCraver]

Am I correct

Yes, sorta'.

The ADA rules, and supersedes any other codes.

BUT, you can't enforce it by itself - all you can do is enforce the codes your jurisdiction has adopted and/or your State has empowered you to enforce.

 

[e hilton]

Ok, thats what i thought. The situation is not a typical code issue, its all about accessibility. The architect is saying we don’t have to comply because its a historical building and iebc has an exception, i am saying ada overrules.

Full disclosure: i would really like to find an exception that obviates the need to make the changes, but I don’t think there is one. I think the archy is taking the easy way out, and in the end it’s not going to fly, so let’s address it up front.

 

[SH225]

The historic building exception is a specific process, not affected by local code. It requires consultation with the appropriate historic advisory board or officer designated in the Standards.

Virginia - NCSHPO

Staff Directory Section 106 Historic Tax Credits State Preservation Plan Visit website Julie LanganSHPO Stephanie WilliamsDeputy Sara Huang SpotaDeputy

ncshpo.org

 

[ADAguy]

Difference between a code and a Civil Rights law, maybe your architect needs to take a class on the requirements.

 

[Paul Sweet]

A registered landmark building may have some ADA requirements relaxed, but it still must be accessible to the greatest degree possible without threatening the historic integrity of the building.

See Virginia Existing Building Code section 405.

CHAPTER 4 ACCESSIBILITY - 2015 VIRGINIA EXISTING BUILDING CODE

ICC Digital Codes is the largest provider of model codes, custom codes and standards used worldwide to construct safe, sustainable, affordable and resilient structures.

codes.iccsafe.org

Virginia has almost completely rewritten the IEBC, so don't use the unamended IEBC.

Tell your architect that the 2012 Virginia codes expired 3 years ago, and Virginia is adopting the 2018 codes in July. Here's the Virginia Record listing of state amendments to the 2018 I codes:

http://register.dls.virginia.gov/details.aspx?id=9485

 

[Yikes]

ehilton, please clarify about this historic building:
1. Is it just sitting there, with no plans to alter or add to it, such that nothing requires a building permit at this time?
2. Is there an addition or alteration proposed that will trigger plan check / building permit?
3. Is it used by the public (a "place of public accommodation")?
4. Is it a government building, and/or do government-sponsored activities take place there?
5. Is the building used exclusively for religious purposes?

 

[e hilton]

The building is not in virginia. Without getting into too much detail ...
my client owns the building, just finished (2 yrs ago) a massive reno that was sensitive to historic issues. (They worked hard to retain as much as possible).
the building is not historic, but it is in a historic district so the effect is the same.
our auditors went through and did an inspection specifically for ada compliance, and came back with a real laundry list of things. I kid you not, they wrote up that the restroom lav counter is 1/8” too high.
its used as a retail business.
there are a couple of exterior items that are non-accessible. Sidewalk slope 4% rather than 2%, main entry doors are 30” not 32” clear, etc.
so its my job to find a solution. We’re thinking we make a formal submittal to the city for a permit, and we expect the various historic boards to reject the application. Then we go to the lovely auditors and show them the rejection, tell them we tried but it’s not going to happen.
the architect is trying to tell me there is a blanket exception, I’m telling her it doesn’t apply and we need to proceed with the application.

 

[ADAguy]

1/8" is within construction tolerance, did the floor slope?

 

[Yikes]

ehilton, it is the job of the auditor (here in California, CASp inspector) to initially nitpick and find every little thing that is not in stated compliance. Then it is the job of the design team to advocate for mitigating circumstances, such as "historic", "readily achievable", etc.

I am going to assume that the city building department signed off 2 years ago in regards to compliance with local building codes.
If it complied with the codes and interpretations in effect at the time it was permitted, then you only need to focus on ADA compliance. If the city building inspector missed noting some items that were noncompliant with local building code, then you need to address those issues.

Otherwise, let's move forward to ADA compliance. While I rarely find myself agreeing with Janis, here's a few of here articles I've found helpful:

Existing Buildings - What needs to be done? - Stepping Thru Accessibility

One of the more common questions posed to me, is in regards to existing buildings. Many times it is a very simple question of what do I need to do? But in order to answer this question, other than ‘it depends’, there is a whole list of information that has impact and needs to be known.

steppingthruaccessibility.com

Readily Achievable Barrier Removal - Stepping Thru Accessibility

Janis Kent, FAIA, Architect, CASp © August, 2012. Updated February 2021 There is a common misconception – because a building is old, one is ‘grandfathered in’ so nothing needs to be done to make it accessible. This is not true. Building and business owners are indeed obligated to make places of...

steppingthruaccessibility.com

Alterations To Existing Buildings — How Much Extra Do I Have to Spend? - Stepping Thru Accessibility

© 2012 Janis Kent, FAIA, Architect, CASp. Updated February 2021 You are altering an existing building. You know that the portion being altered is required to meet today’s standards of accessibility, but is that all that needs to be done? The answer to that question for the most part is no. Per...

steppingthruaccessibility.com

Then check out this historic preservation brief:

Technical Preservation Services (U.S. National Park Service)

www.nps.gov

Note their suggestion to use offset hinges on narrow doors. Will that work for you?

 

[ADAguy]

Yes Yikes and even Ms Kent misses on exceptions from time to time. As usual, "it depends" on each situation.
She provides passionate service to architects and designers as well as the disabled community.

 

[steveray]

Not so much supersede as parallel requirements....ADA "always" applies and the IEBC when a permit is pulled...They should have increased accessibility at least 20% when they remodeled and the lav should have failed inspection....

705.2 Alterations affecting an area containing a primary
function. Where an alteration affects the accessibility to a, or
contains an area of, primary function, the route to the primary
function area shall be accessible. The accessible route to the
primary function area shall include toilet facilities and drinking
fountains serving the area of primary function.
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.

 

[Yikes]

Not so much supersede as parallel requirements....ADA "always" applies and the IEBC when a permit is pulled...They should have increased accessibility at least 20% when they remodeled and the lav should have failed inspection....

Correct, and that's where Janis' blog posts have been helpful.

IEBC 705.2, and ADAS 202 for "additions and alterations" apply when the building is altered. The alterations themselves must have accessible features, the 20% rule applies for other prioritized components, and the concept of "technically infeasible" comes into play for the owner and plan checker to evaluate. "Technically infeasible will take into account structural implications, and for a historic building, character-defining features.

When the building is not undergoing addition or alteration, ADAS still applies, but a different concept comes into play: "readily achievable" comes into play. "Readily achievable" includes a stated listed of low-hanging fruit, such as adding grab bars.
In addition, in case of a civil lawsuit "readily achievable" is a subjective statement and is based on the available finances of the responsible parties. In the example of a small office building owned by a starving not-for-profit, "readily achievable" may mean very little work can be afforded, perhaps some signage. But if that same not-for-profit receives a billion-dollar donation windfall the next year, there may be a lot more items that the DOJ would consider "readily achievable" on that same existing building.
That's why the inspector's first step to nitpick everything that is not in technical compliance. After that, you can negotiate the subjective, grey areas of "readily achievable".

If all that sounds overly complex to you, well, you are not alone. I'm also concerned that the subjectivity in interpreting the regulations has incentivized a system of gnostic experts who get paid handsomely to navigate the complexity. If it were simpler, their services would not be in such demand. However, rent-seeking and regulatory capture are probably topics best discussed on a different thread.

 

[ADAguy]

What state is your architect licensed in? Doesn't she know the difference between "Code" and the "ADA?

 

[mark handler]

Yes, sorta'.

The ADA rules, and supersedes any other codes.

BUT, you can't enforce it by itself - all you can do is enforce the codes your jurisdiction has adopted and/or your State has empowered you to enforce.

IMPO, ADA does not supersede other codes. The ADA will override state or local laws that provide less protection or benefit. However, if a state or local law provides more protection or greater benefit, it will override the ADA. (this is per the ADA.GOV)

 

[JCraver]

IMPO, ADA does not supersede other codes. The ADA will override state or local laws that provide less protection or benefit. However, if a state or local law provides more protection or greater benefit, it will override the ADA. (this is per the ADA.GOV)

You're right, no doubt. I was just trying to get across that he has to follow the ADA at a minimum, no matter what. Adopted codes that are stricter certainly have to be enforced.