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Applicable codes for an individual item that was installed in the early 1900's

BayPointArchitect

BayPointArchitect

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Greetings fellow code gurus.

I already have an answer to my question but thought I would ask the think-tank.

For good reason, I am being obscure in my description of the specific item. But it is a feature associated with both handicap accessibility and emergency egress.

What are the applicable codes that are worth referencing if you were to provide an exhaustive list of references that should be examined while determining that there is nothing that would require (or maybe it requires some action) for an existing item to be upgraded at some point in time - or any point in time - between the early 1900's and today.

As always, thanks in advance for your reply.

ICC Certified Plan Reviewer
NFPA Certified Fire Plan Examiner
Licensed architect in several states
 
This response will address just the accessibility issue.

To my knowledge, there were no accessibility requirements in existence in the early 1900s. So for sake of discussion let's assume it is "legally pre-existing, nonconforming".
You did not state that there is any related alteration underway, so let's assume that there's no alteration and you are simply asking whether it can continue to remain as-is.

You've not said what kind of use it is. If could be a private house, a retail spaces, a public school, a federal building, or a train station. So the first big question regarding accessibility is to determine whether it is subject to ADA and/or the Architectural Barriers Act (for transportation facilities, etc.)

For further sake of discussion, let's a assume you are subject to ADA as a place of business. In other words, there is not a government "program equivalency" where you can move the programs to another building that's already accessible.
Under that scenario, you have an ongoing obligation in ADA to provide "readily achievable barrier removal" at existing facilities. If the specific item in question is in accessible or is a barrier to accessibility, and if it can be modified, altered, removed, etc. without "much difficulty or expense", you have an obligation to do so.
The phrase "not much difficulty or expense" is a very subjective statement, depending on the owner (or the owner's parent company, etc.) and their financial capability. If your business is a cashed-starved not-for-profit, you might not have to do anything this year. If it is a rich corporation like NVIDIA, you are probably responsible.

Please also note that the scoping in ADA Division II primarily deals with providing accessibility TO facilities. If you are referring to the IBC Chapter 10 concept of "Accessible Means of Egress", leaving away from facilities, that is a different but related discussion. And that would get triggered at time of alteration, which is not contemplated in my hypothetical.
 
Yikes said:
This response will address just the accessibility issue.

To my knowledge, there were no accessibility requirements in existence in the early 1900s. So for sake of discussion let's assume it is "legally pre-existing, nonconforming".
You did not state that there is any related alteration underway, so let's assume that there's no alteration and you are simply asking whether it can continue to remain as-is.
Click to expand...

The history of accessibility regulations in the United States is convoluted and confusing, but there were absolutely no codified requirements in the early 1900s.
  • 1961 - First edition of A117.1 (reference document only, not required by most building codes)
  • 1968 - Federal Architectural Barriers Act (ABA) enacted
  • 1973 - Access Board created
  • 1982 - UFAS published
  • 1990 - ADA enacted
  • 1991 - ADAAG published
Connecticut, for example, adopted A117.1 by reference in a building code amendment around 1973 or 1974.

 
Well, a ramp fits the o.p. description. They both are for egress and accessibility. And at least in assembly seating, aisle ramps sloped 1:5 we're permitted in my life time, while now limited to 1:8 for egress and 1:12 for accessible routes. I could find some old editions of the Life Safety Code for sure, and likely BOCA's National Building Code, that included this.

Is this a riddle?
 
I agree with Yikes that there is a responsibility to comply with ADA regulations and make improvements to accessibility "at the time of alteration". The only argument on that occasion is the 20% disproportionality rule which requires that accessibility improvements be made according to a list of priorities. But the cost of which does not need to exceed 20% of the overall budget of construction. The most common example being that the cost to upgrade an existing non-compliant restroom ($20,000) would not need to be required for an interior remodel with a budget less than $100,000. This disproportionality exception is similar to the adaptable modifications that are required when the improvements can be made "without much difficulty or expense". Let me reiterate that easy improvements are required during "the time of alteration" which implies a building permit application and a scheduled visit by your local building inspector.

I agree with Code Chronicle that the history of all Federal regulations (including accessibility) is convoluted and confusing. It is a shame that the valiant attempt to codify all things accessible into one regulation failed. We still have the FHA, ADA, ANSI A117.1, and the more recent PROWAG as of July 3, 2024.

After reading the response from Bill1952, I am guessing that the aisle ramps in our Cornhusker stadium are set at the maximum 1:5 slope. They are steep and I do not foresee any immediate changes required for an existing stadium that seats 92,000 football fans. Although that stadium was first constructed in 1923, there have been numerous renovations and expansion projects over the past 100 years. Tearing down that stadium and starting over from scratch would be the only way (that I can see) to reconstruct with 1:12 slopes for the accessible aisles.

No Bill1952, this is not a riddle and it is not a ramp. If anyone wants to know the details, send me a P.M.
 
Last edited:
BayPointArchitect said:
I agree with Yikes that there is a responsibility to comply with ADA regulations and make improvements to accessibility "at the time of alteration". The only argument on that occasion is the 20% disproportionality rule which requires that accessibility improvements be made according to a list of priorities.
Click to expand...

There is no binding list of priorities that applies to the 20% rule. The list of priorities exists only in the 2010 ADAS. It is 28 CFR Part 35, section 35.151(b)(4)(iv)(B). This list does not appear in the IBC, the IEBC, or ICC/ANSI A117.1. As the list of priorities appears in 38 CFR Part 35, it uses the word "should," which means it is a suggestion, not a mandatory requirement.

That list of priorities can be used by designers as guidance for ADA compliance, but it is not required, doesn't exist in any code, and cannot be enforced by building officials.
 
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