Does existing non-accessible 2nd floor need ADA compliant RR and breakroom?

[FerNoriega]

Does an existing building need to modify existing non accessible restrooms and non compliant break room on the non-accessible second floor if like and kind accommodations are on the accessible ground floor?

 

[Genduct]

Does an existing building need to modify existing non accessible restrooms and non compliant break room on the non-accessible second floor if like and kind accommodations are on the accessible ground floor?

Since the code is not consulted unless you are doing construction, how was this question triggered?

Check IEBC to see if a Use Change or the scope of proposed construction triggered the need for the additional work you are referring to

 

[FerNoriega]

Since the code is not consulted unless you are doing construction, how was this question triggered?

Check IEBC to see if a Use Change or the scope of proposed construction triggered the need for the additional work you are referring to

Thank you for the comments. Our client is doing minimal improvements on the first floor and would like to update the restroom to compliant on the irst floor and asked if second floor required the upgrade as well since the accessible restroom is already going to be on the ground floor.

 

[Genduct]

Thank you for the comments. Our client is doing minimal improvements on the first floor and would like to update the restroom to compliant on the irst floor and asked if second floor required the upgrade as well since the accessible restroom is already going to be on the ground floor.

The question then is Do you Have to improve the upstairs or are you allowed to voluntarily improve the upstairs facilities
As an old guy, even if there is not an elevator to get me to the 2nd floor, the accessibility design often make the "facilities" a lot more convenient and comfortable, so voluntarily improving the situation would be welcome and should not trigger an elevator if that is what you are wondering.

Take a look at the Existing Building Code to see where those triggers are. And have a Chat with your local Code Official to confirm

 

[Yikes]

Fernoriega, welcome to the forum! Please note for future reference there is a specific sub-forum devoted to accessibility issues, here:
https://www.thebuildingcodeforum.com/forum/forums/accessibility.22/

Second, if you search the forums, you may find a related thread that answers your questions. This one may help:
https://www.thebuildingcodeforum.co...a-non-accessible-mezzanine.31766/#post-246960

Third, note that there are different kinds of accessibility regulations. Assuming your building is in California, then the California Building Code will address the requirements for alterations to existing facilities. It is enforced solely by the local building department in the city where the building is located, and is typically enforced when you undertake an addition or alteration to the existing facility.
There is another type of accessibility regulation called "ADA" https://www.ada.gov/ that is not enforced by the building department. It is not a local building code, it is federal civil rights law. The mechanism of enforcement is when someone sues because they feel like they've been discriminated against because of their disability, regardless of whether the building is existing or new, altered or leaving it as-is.

So when you ask if the existing building "needs" it, the answer may dependent on: who's asking the question? The building department? Some future user with a disability? Both?

 

[Joe.B]

Take a look at the Existing Building Code to see where those triggers are. And have a Chat with your local Code Official to confirm

Unfortunately we in CA don't have the luxury of using the Existing Building Code the way many other states do. We have a version of it, but 2/3's of the IEBC has been removed and basically points the CBC.

 

[FerNoriega]

Fernoriega, welcome to the forum! Please note for future reference there is a specific sub-forum devoted to accessibility issues, here:
https://www.thebuildingcodeforum.com/forum/forums/accessibility.22/

Second, if you search the forums, you may find a related thread that answers your questions. This one may help:
https://www.thebuildingcodeforum.co...a-non-accessible-mezzanine.31766/#post-246960

Third, note that there are different kinds of accessibility regulations. Assuming your building is in California, then the California Building Code will address the requirements for alterations to existing facilities. It is enforced solely by the local building department in the city where the building is located, and is typically enforced when you undertake an addition or alteration to the existing facility.
There is another type of accessibility regulation called "ADA" https://www.ada.gov/ that is not enforced by the building department. It is not a local building code, it is federal civil rights law. The mechanism of enforcement is when someone sues because they feel like they've been discriminated against because of their disability, regardless of whether the building is existing or new, altered or leaving it as-is.

So when you ask if the existing building "needs" it, the answer may dependent on: who's asking the question? The building department? Some future user with a disability? Both?

Thank you for directing me to the sub-forum, I think I found my answer!