Change of use/Accessibility requirements

[princeofpen]

Current debate in our office regarding change of use classification and accessibility. IF I am changing the use classification of a building I am providing an accessible route into an area of primary function. The kicker here is thoughts on changing restrooms to comply with ANSI even if building owner had no intention to do so. So questions?

1. If I am only changing the use of a building or space do I have to do alterations that would then require upgrades to the accessibility of the structure.

2. If those changes I am required to make in order to provide accessible route also include toileting

3. If the only changes I am making are what would typically be level 1, do I need to provide accessible route

4 If I'm required to provide accessible route is toileting also a requirement.

Thanks for all replies

Prince IE POP

 

[mtlogcabin]

3411.7 Alterations affecting an area containing a primary function.

Where an alteration affects the accessibility to, 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 or drinking fountains serving the area of primary function .

 

[north star]

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p.o.p. & mtlogcabin,

Please list the edition of the code you are working from

or referring to?....The `06 IBC doesn't have Section 3411.

Thank you!



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[mark handler]

... changing the use classification of a building...

2006 INTERNATIONAL BUILDING CODE

3409.4 Change of occupancy. Existing buildings, or portions thereof, that undergo a. change of group or occupancy shall have all of the following accessible features:

1. At least one accessible building entrance.

2. At least one accessible route from an accessible building entrance to primary function areas.

3. Signage complying with Section 1110.

4. Accessible parking, where parking is being provided.

5. At least one accessible passenger loading zone, when loading zones are provided.

6. At least one accessible route connecting accessible parking and accessible passenger loading zones to an accessible entrance.

3409.7 Alterations affecting an area containing a primary function. Where an alteration affects the accessibility to, 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...

BUT

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.

 

[princeofpen]

Currently under the 09 IBC in Pennsylvania... don't get me started on non-adoption of 2012 in pa

 

[princeofpen]

Argument here is that although the space is changing occupancy/use classification no "alterations" IE renovation or repairs are taking place in what is the changing area of primary function. My "argument" regarding is that in changing the use/occ that a change IE "alteration" of the area of primary function IS taking place and toileting upgrades are required.

 

[Papio Bldg Dept]

This is not the same as the 2006 IBC, however, the latest seminar I attended (2010 ADASAD), stated a similar example where the accessible route needed to include the toilet facilities (e.g., getting in and getting out of the toilet room), but that would be the extent of compliance upgrades required in a change of use if there was no work being done to those facilities. I was also told that the primary function areas for the DOJ did not include the toilet rooms. I would verify that with your regional accessibility office.

 

[Paul Sweet]

If no alterations are taking place, they would have to spend 20% of $0.00 to upgrade accessibility.

 

[steveray]

I agree with Mark....change of occupacy is almost like new construction (if that is really what you are saying Mark)......they must be altering SOMETHING,.....but 20% is all we can enforce for alterations....have the owner and DP put it in writing and move on.....

 

[mtlogcabin]

change of occupacy is almost like new construction

Say a strip store space had an insurance sales office with som cubicle partions and they moved out and a retail clothing store moved in and installed one sales counter and some slat board installed on the wall.

Do you require permits for the counter and slat wall? Even if you do the 20% rule might equal the cost of a handrail or 2 in the restroom and that is about all you could require under the 20% rule.

 

[Papio Bldg Dept]

Say a strip store space had an insurance sales office with som cubicle partions and they moved out and a retail clothing store moved in and installed one sales counter and some slat board installed on the wall. Do you require permits for the counter and slat wall? Even if you do the 20% rule might equal the cost of a handrail or 2 in the restroom and that is about all you could require under the 20% rule.

We require they comply with the codes, and one way to do that would be to require a Change of Occ Permit. We issue the permit, and arrange for a site inspection/walk-through with the new tenant. If the scope of non-compliance is extensive, we may require a plan set to further document compliance dimensions and specifications. For example, your new counter will most likely have electrical, and will need to comply with Chapter 11 for point of sale counter height and width. There is no 20% rule for new construction, the 20% applies to the accessible route from the public right of way/parking area to the point of new construction, in this case a POS counter. Other considerations may include the change in occupant load affecting the plumbing fixture provisions. If minimal additional toilet facilities are required and the existing provided are non-compliant we will typically require a uni-sex compliant facility as an alternative provision.

If it they provideth, it complieth. If the 20% limit means they only get in a footing for a future elevator under this renovation/change of occ, then so be it, at least they are headed in the right direction towards accessibility.

 

[mtlogcabin]

Agree in principle

However just because a counter has to comply with Chapter 11 for the POS accessibilty requirements would you still require a building permit?

I would not. I may not even require an electrical permit if all they are doing is installing a recepticle outlet and a liscensed electrician is doing the work.

 

[Papio Bldg Dept]

Agree in principle However just because a counter has to comply with Chapter 11 for the POS accessibilty requirements would you still require a building permit?

We would not require a permit if there was no change of occupancy or they did not exceed our exempted permit requirements in Chapter 1.

 

[mark handler]

Just post the address we'll send it to the DOJ and the wheelers

 

[Jim B]

I am also in PA and have talked with the PA Department of Labor and Industries Accessibility Advisory Board concerning the IBC 2009, 3411.4 issues.

Example #1: If a tenant space in strip mall changes occupancy classification, and is only separated from adjacent spaces by fire barriers, this building is not a “complete change in occupancy to an entire building”.

• It would be a partial change in occupancy.

• Any new work needs to meet current code for accessibility (3411.6)

• The 20% Rule kicks in (3411.7):

IBC 3411.4 Change of occupancy. Existing buildings that undergo a change of group or occupancy shall comply with this section.

IBC 3411.4.1 Partial change in occupancy. Where a portion of the building is changed to a new occupancy classification, any alterations shall comply with Sections 3411.6, 3411.7 and 3411.8.

IBC 2009, 3411.7 Alterations affecting an area containing a primary function. Where an alteration affects the accessibility to, 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 or 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.

Example #2: If a tenant space in strip mall changes occupancy classification, and is separated from adjacent spaces by fire walls, this building is a “complete change in occupancy” since fire walls create separate buildings.

• This would be a complete change of occupancy to an entire building (between firewalls)

• Therefore items 1 thru 6 of 3411.4.2 need to be done regardless of cost

• Also, there is a requirement to upgrade accessible routes to primary function areas and toilet rooms and water fountains, 20% rule since 3411.4.2 refers back to 3411.4.1 and that section take the 20% rule into consideration

• PA L&I had stated in conversation that in applying the 6 required items from 3411.4.2, these costs may be applied toward the 20%

IBC 3411.4.2 Complete change of occupancy. Where an entire building undergoes a change of occupancy, it shall comply with Section 3411.4.1 and shall have all of the following accessible features:

1. At least one accessible building entrance.

2. At least one accessible route from an accessible building entrance to primary function areas.

3. Signage complying with Section 1110.

4. Accessible parking, where parking is being provided.

5. At least one accessible passenger loading zone, when loading zones are provided.

6. At least one accessible route connecting accessible parking and accessible passenger loading zones to an accessible entrance.

 

[steveray]

"Where an alteration affects the accessibility to, or contains an area of primary function, the route to the primary function area shall be accessible."

Accessible or 20%.....if 20%, give me a letter with some numbers on it that says you did 20% so you end up in court and not me.....