Adding new non-ADA restroom to existing building

[thao.ngdo]

Hi everyone, i'm new to the forum but have been following it for a long time. Nice to meet you all. I'm running into a code issue that hopefully I can find the answer here.
An existing building in NJ, occupancy type I-4, single story.
There is currently a cluster of restrooms with ADA complied stalls that is accessible to the public. The owner wanted to add in a visitor restroom near the front entrance, the restroom is non-ADA complied.
Is it allowed?
As I read the New Jersey Building Code, it seems that this new restroom has to be accessible:
"Each toilet room and bathing room shall be accessible. Where a floor level is not required to be connected by an accessible route, the only toilet rooms or bathing rooms provided within the facility shall not be located on the inaccessible floor. Except as provided for in Sections 1110.2.4 and 1110.2.5, at least one of each type of fixture, element, control or dispenser in each accessible toilet room and bathing room shall be accessible."
But common sense tells me that this restroom doesn't have to because people can just use the other restrooms.

 

[classicT]

No, if it is not located within a cluster, then it must be accessible. See the leading sentence in Sec. 1110.2 and then Exception #3.

NJ 2021 IBC - 1110.2 Toilet and Bathing Facilities​

Each toilet room and bathing room shall be accessible. Where a floor level is not required to be connected by an accessible route, the only toilet rooms or bathing rooms provided within the facility shall not be located on the inaccessible floor. Except as provided for in Sections 1110.2.4 and 1110.2.5, at least one of each type of fixture, element, control or dispenser in each accessible toilet room and bathing room shall be accessible.
Exceptions:

1. Toilet rooms or bathing rooms accessed only through a private office, not for common or public use and intended for use by a single occupant, shall be permitted to comply with the specific exceptions in ICC A117.1.
2. This section is not applicable to toilet and bathing rooms that serve dwelling units or sleeping units that are not required to be accessible by Section 1108.
3. Where multiple single-user toilet rooms or bathing rooms are clustered at a single location, at least 50 percent but not less than one room for each use at each cluster shall be accessible.
4. Where no more than one urinal is provided in a toilet room or bathing room, the urinal is not required to be accessible.
5. Toilet rooms or bathing rooms that are part of critical care or intensive care patient sleeping rooms serving Accessible units are not required to be accessible.
6. Toilet rooms or bathing rooms designed for bariatrics patients are not required to comply with the toilet room and bathing room requirement in ICC A117.1. The sleeping units served by bariatrics toilet or bathing rooms shall not count toward the required number of Accessible sleeping units.
7. Where permitted in Section 1108, in toilet rooms or bathrooms serving Accessible units, water closets designed for assisted toileting shall comply with Section 1110.2.2.
8. Where permitted in Section 1108, in bathrooms serving Accessible units, showers designed for assisted bathing shall comply with Section 1110.2.3.
9. Where toilet facilities are primarily for children's use, required accessible water closets, toilet compartments and lavatories shall be permitted to comply with children's provision of ICC A117.1.

 

[classicT]

And welcome!

We're glad to have you here officially.

 

[thao.ngdo]

And welcome!

We're glad to have you here officially.

thanks classicT, i also eyed that #3 exception, unfortunately the restrooms are not together. thanks for your reply!