"But Are Not Limited To" – A Key Clarification in the 2024 IBC for Accessible Spaces

[jar546]

"But Are Not Limited To" – A Key Clarification in the 2024 IBC for Accessible Spaces​

The International Building Code (IBC) is known for providing detailed guidance on the accessibility requirements for buildings, and a recent change to Section 1108.3 of the 2024 IBC offers an important clarification. Spearheaded by Marsha Mazz, Director of Accessibility Codes and Standards at the United Spinal Association, this revision adds the phrase “but are not limited to” to the description of accessible spaces. This small but significant change ensures that the list of accessible spaces is not treated as exhaustive.

What Does This Change Mean?​

Previously, Section 1108.3 of the IBC stated that rooms and spaces accessible to the public or serving Accessible, Type A, or Type B units must be accessible. These spaces were listed as including toilet and bathing rooms, kitchens, living and dining areas, and exterior spaces such as patios, terraces, and balconies. However, the language implied that this list was comprehensive, potentially excluding other important common-use spaces found in buildings.

The revision clarifies that these spaces “shall include, but are not limited to” the items listed. This simple addition ensures that other common-use spaces—such as bike storage areas, dog wash stations, entertainment rooms, or movie theaters—are also required to meet accessibility standards. By not limiting the definition of accessible spaces, the IBC now aligns more clearly with federal laws, such as the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA), which mandate that all public and common-use areas be accessible.

Why Was This Change Needed?​

In recent years, buildings—especially those with residential occupancies—have seen an expansion in the variety of common-use spaces offered to tenants and the public. From pet washing stations to fitness rooms, modern developments include areas that were not originally considered in the IBC's list of accessible spaces. The phrase "but are not limited to" was added to ensure that these types of spaces, which are now common, are clearly understood to be required to meet accessibility standards.

This change makes it clear that any space provided for use by residents or the public—whether or not it is explicitly listed—must be accessible if it falls under the same general usage categories defined by the code.

The Bigger Picture: Alignment with Federal Law​

This revision is primarily a clarification to ensure that the IBC remains consistent with existing federal laws like the ADA and FHA. Both of these laws already mandate that all public spaces and common-use areas be accessible, regardless of whether they are specifically listed. The change in the IBC simply brings it in line with these broader protections and ensures there are no gaps in compliance.

Impact on Construction Costs​

According to the proposal's reason statement, this clarification is not expected to increase or decrease the cost of construction. The intent is not to impose new requirements but to clarify existing ones, ensuring consistency with federal accessibility laws. As a result, the change should not impact construction projects significantly but will provide better guidance for building officials, architects, and developers on how to ensure their projects meet the necessary accessibility standards.

Final Thoughts​

By adding the phrase “but are not limited to” in Section 1108.3, the IBC is taking a proactive step to clarify accessibility requirements and ensure that new developments reflect the evolving nature of common-use spaces. This revision not only simplifies interpretation for those in the construction and development fields but also reinforces the broader protections guaranteed by federal law for individuals with disabilities.

For anyone involved in the design, construction, or approval of buildings, this is a crucial change to be aware of. While the list of accessible spaces remains largely the same, this small addition makes it clear that all spaces serving the public or residents must be accessible, no matter how unique or modern they may be.

 

[Yankee Chronicler]

I thought Marsha had retired. Seeing her name pop up was a pleasant surprise.

Agreed, this is really not a change, but more of a "shot across the bow" to design professionals who often seem to make it their life's mission to avoid providing accessibility wherever and whenever possible. What they're missing is that the accessibility scoping requirements in the IBC (the technical requirements are in A117.1, unless you are in one of the jurisdictions that hasn't adopted A117.1) are a codification of the scoping requirements in the ADA.

The ADA is not and was never intended to be a building code. The ADA is federal anti-discrimination legislation. ALL architects and building owners really need to know is that (with a few exceptions that generally leave things up to specific accommodation for individual employees) the ADA requires that any areas, goods, and services offered to the public must be accessible to persons with disabilities. This editorial change just serves to remind everyone that no list can comprehensively anticipate every space, product, or service that might be offered and which might, therefore, need to be made accessible.

A good example is the discussion that appeared on this forum very recently regarding accessible sections of bars.