Existing historical theater adding seats in balcony.

[Mr. Inspector]

Lots of questions. They want to add 2 more rows of fixed seating in the back of the balcony by taking down a partition wall of the old projector wall in an existing (official) historical theater balcony. (No more movies, just live shows). There is no accessible route to the balcony. PA codes only requires complying with accessibility in historical buildings.

2018 IBC:
1104.3 Connected spaces. Where a building or portion of a
building is required to be accessible, at least one accessible
route shall be provided to each portion of the building, to
accessible building entrances connecting accessible pedestrian
walkways and to the public way.
Exceptions:
1. Stories and mezzanines exempted by Section
1104.4.
2. In a building, room or space used for assembly purposes
with fixed seating, an accessible route shall
not be required to serve levels where wheelchair
spaces are not provided.
3. Vertical access to elevated employee work stations
within a courtroom complying with Section
1108.4.1.4.
4. An accessible route to recreational facilities shall
only be required to the extent specified in Section
1110.
1104.4 Multistory buildings and facilities. At least one
accessible route shall connect each accessible story, mezzanine
and occupied roofs in multilevel buildings and facilities.
Exceptions:
1. An accessible route is not required to stories, mezzanines
and occupied roofs that have an aggregate area
of not more than 3,000 square feet (278.7 m2) and
are located above and below accessible levels. This
exception shall not apply to:
1.1. Multiple tenant facilities of Group M occupancies
containing five or more tenant
spaces used for the sales or rental of goods
and where at least one such tenant space is
located on a floor level above or below the
accessible levels.
1.2. Stories or mezzanines containing offices of
health care providers (Group B or I).
1.3. Passenger transportation facilities and airports
(Group A-3 or B).
1.4. Government buildings.
2. Stories, mezzanines or occupied roofs that do not
contain accessible elements or other spaces as determined
by Section 1107 or 1108 are not required to
be served by an accessible route from an accessible
level.
3. In air traffic control towers, an accessible route is
not required to serve the cab and the floor immediately
below the cab.
4. Where a two-story building or facility has one story
or mezzanine with an occupant load of five or fewer
persons that does not contain public use space, that
story or mezzanine shall not be required to be connected
by an accessible route to the story above or
below.

Not sure if Wheelchair spaces are required in existing theaters?

1108.2.2 Wheelchair spaces. In rooms and spaces used
for assembly purposes with fixed seating, accessible
wheelchair spaces shall be provided in accordance with
Sections 1108.2.2.1 through 1108.2.2.3.

There is no accessible route to the balcony.

Since the theater is existing would an accessible route be required (at least 20% of cost) anyway if wheelchair spaces are not required?
Would the seating (furniture) cost be part of the construction cost?

2018 IEBC
305.7 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 and 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
2. This provision does not apply to alterations limited
solely to windows, hardware, operating controls,
electrical outlets and signs.
3. This provision does not apply to alterations limited
solely to mechanical systems, electrical systems,
installation or alteration of fire protection systems
and abatement of hazardous materials.
4. This provision does not apply to alterations undertaken
for the primary purpose of increasing the
accessibility of a facility.
5. This provision does not apply to altered areas limited
to Type B dwelling and sleeping units.

 

[Sifu]

Not sure I understand what PA requires, but IEBC 305.9.2 does provide some relief for registered buildings. If there is an accessible route to the main floor, with accessible seats I would think that is a section you might be able to use. An elevator (even 20% of one) may damage the historic character or significance of the building.

 

[Mr. Inspector]

305.9.2 Multiple-level buildings and facilities. An accessible
route from an accessible entrance to public spaces on
the level of the accessible entrance shall be provided.

This does not say if the balcony does or does not need an accessible route.

 

[Mr. Inspector]

305.9 Historic buildings. These provisions shall apply to

facilities designated as historic structures that undergo alterations

or a change of occupancy, unless technically infeasible.

Where compliance with the requirements for accessible

routes, entrances or toilet rooms would threaten or destroy the

historic significance of the facility, as determined by the

authority having jurisdiction, the alternative requirements of

Sections 305.9.1 through 305.9.4 for that element shall be

permitted.

Exception: Type B dwelling or sleeping units required by

Section 1107 of the International Building Code are not

required to be provided in historic buildings.

305.9.1 Site arrival points. Not fewer than one accessible

route from a site arrival point to an accessible entrance

shall be provided.

305.9.2 Multiple-level buildings and facilities. An accessible

route from an accessible entrance to public spaces on

the level of the accessible entrance shall be provided.

305.9.3 Entrances. Not fewer than one main entrance

shall be accessible.

I thought an existing building only need one entrance anyway.

 

[bill1952]

Lots of questions. They want to add 2 more rows of fixed seating in the back of the balcony by taking down a partition wall of the old projector wall in an existing (official) historical theater balcony. (No more movies, just live shows). There is no accessible route to the balcony. PA codes only requires complying with accessibility in historical buildings.

2018 IBC:
1104.3 Connected spaces. Where a building or portion of a
building is required to be accessible, at least one accessible
route shall be provided to each portion of the building, to
accessible building entrances connecting accessible pedestrian
walkways and to the public way.
Exceptions:
1. Stories and mezzanines exempted by Section
1104.4.
2. In a building, room or space used for assembly purposes
with fixed seating, an accessible route shall
not be required to serve levels where wheelchair
spaces are not provided.
3. Vertical access to elevated employee work stations
within a courtroom complying with Section
1108.4.1.4.
4. An accessible route to recreational facilities shall
only be required to the extent specified in Section
1110.
1104.4 Multistory buildings and facilities. At least one
accessible route shall connect each accessible story, mezzanine
and occupied roofs in multilevel buildings and facilities.
Exceptions:
1. An accessible route is not required to stories, mezzanines
and occupied roofs that have an aggregate area
of not more than 3,000 square feet (278.7 m2) and
are located above and below accessible levels. This
exception shall not apply to:
1.1. Multiple tenant facilities of Group M occupancies
containing five or more tenant
spaces used for the sales or rental of goods
and where at least one such tenant space is
located on a floor level above or below the
accessible levels.
1.2. Stories or mezzanines containing offices of
health care providers (Group B or I).
1.3. Passenger transportation facilities and airports
(Group A-3 or B).
1.4. Government buildings.
2. Stories, mezzanines or occupied roofs that do not
contain accessible elements or other spaces as determined
by Section 1107 or 1108 are not required to
be served by an accessible route from an accessible
level.
3. In air traffic control towers, an accessible route is
not required to serve the cab and the floor immediately
below the cab.
4. Where a two-story building or facility has one story
or mezzanine with an occupant load of five or fewer
persons that does not contain public use space, that
story or mezzanine shall not be required to be connected
by an accessible route to the story above or
below.

Not sure if Wheelchair spaces are required in existing theaters?

1108.2.2 Wheelchair spaces. In rooms and spaces used
for assembly purposes with fixed seating, accessible
wheelchair spaces shall be provided in accordance with
Sections 1108.2.2.1 through 1108.2.2.3.

There is no accessible route to the balcony.

Since the theater is existing would an accessible route be required (at least 20% of cost) anyway if wheelchair spaces are not required?
Would the seating (furniture) cost be part of the construction cost?

2018 IEBC
305.7 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 and 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
2. This provision does not apply to alterations limited
solely to windows, hardware, operating controls,
electrical outlets and signs.
3. This provision does not apply to alterations limited
solely to mechanical systems, electrical systems,
installation or alteration of fire protection systems
and abatement of hazardous materials.
4. This provision does not apply to alterations undertaken
for the primary purpose of increasing the
accessibility of a facility.
5. This provision does not apply to altered areas limited
to Type B dwelling and sleeping units.

I think I addressed these in other thread.

I don't know who is involved in the planning but a good theatre consultant could advise on these. You can look at the American Society of Theatre Consultants Web site to learn more about this and see the membership roster for ones near you. https://theatreconsultants.org/ I'm retired and not accepting new work of this type.

 

[Yankee Chronicler]

What is the overall scope of work for the project? You have a question in the thread about dispersion of wheelchair spaces in which you mention adding these balcony seats, and asking if the wheelchair spaces need to be on the balcony or if they can be dispersed throughout the lower level. That's confusing, since the answer will be different depending on whether this is a complete make-over of the entire theater, or if the only work involved is adding these two rows of seats.

First point (beyond the scope of the project): Does Pennsylvania adopt the IEBC? If so, before looking at chapter 11 of the IBC you need to determine which of the three compliance methods (paths/routes) you wish to follow through the IEBC (Prescriptive, Work Area, or Performance), and then look at the resultant accessibility provisions in the IEBC that apply to the project and to the compliance method selected. You will go to chapter 11 of the IBC only to the extent that the applicable accessibility provisions in the IEBC send you there.

Based on your description, IMHO we don't know enough about the project to answer any of your questions.

 

[e hilton]

So they were able to get the historical commission to allow removal of the projection room?

 

[steveray]

305.9.2 Multiple-level buildings and facilities. An accessible
route from an accessible entrance to public spaces on
the level of the accessible entrance shall be provided.

This does not say if the balcony does or does not need an accessible route.

Correct....it says you need a route to public spaces on the same level as the entrance...

 

[Mr. Inspector]

So they were able to get the historical commission to allow removal of the projection room?

I don't get involved with the historical commission. I understand that there were no projector rooms or movies when this building was built in in the 1800's. I only review to comply with ICC codes.

 

[Mr. Inspector]

What is the overall scope of work for the project? You have a question in the thread about dispersion of wheelchair spaces in which you mention adding these balcony seats, and asking if the wheelchair spaces need to be on the balcony or if they can be dispersed throughout the lower level. That's confusing, since the answer will be different depending on whether this is a complete make-over of the entire theater, or if the only work involved is adding these two rows of seats.

First point (beyond the scope of the project): Does Pennsylvania adopt the IEBC? If so, before looking at chapter 11 of the IBC you need to determine which of the three compliance methods (paths/routes) you wish to follow through the IEBC (Prescriptive, Work Area, or Performance), and then look at the resultant accessibility provisions in the IEBC that apply to the project and to the compliance method selected. You will go to chapter 11 of the IBC only to the extent that the applicable accessibility provisions in the IEBC send you there.

Based on your description, IMHO we don't know enough about the project to answer any of your questions.

This is the only thing they say they are doing: They want to add 2 more rows of fixed seating in the back of the balcony by taking down a partition wall of the old projector wall in an existing (official) historical theater balcony.
each row of seating is a higher elevation. I would think anything new would have to comply to the IBC: new seating, aisles, risers and treads, wheelchair spaces, designated aisle seats, assistive listening system.
There are less than 300 seats in the balcony, there is an exception that allows all wheelchair spaces to be on the main floor but I'm not sure if this means they don't need an accessible route to the balcony, see sections below.
By the way, us inspectors and plan reviewers in PA are not the authority having jurisdiction for accessibility, we cannot wave anything the accessible codes require, only a state accessibility board can do this in PA.

2018 IEBC SECTION 305
ACCESSIBILITY FOR EXISTING BUILDINGS
305.1 Scope. The provisions of Sections 305.1 through 305.9
apply to maintenance, change of occupancy, additions and
alterations to existing buildings, including those identified as
historic buildings.
305.7 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 and 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.

 

[bill1952]

I would say that the main floor and balcony combined are the "primary function area" and not all of it has to be accessible. If all amenities are on an accessible route - box office, toilets, concessions, offices - it seems the intent is met.

(The hard stuff in theatres are control rooms, orchestra pits, dressing rooms often in historic buildings, box office seller side, and direct access to the stage.)

 

[Mr. Inspector]

The balcony does not have an accessible route to all the amenities. Only stairways.
The primary function area that is being added is on top of the balcony.
I can't see the first floor and the balcony as being one primary function area, you need to go through two lobbies (which are also primary function areas) and a stairway to get from one to the other.
I would think the IEBC would require an accessible route to the primary function area that is being added or enlarged not to the primary function area on the first floor, but not sure. We all know a building can have more than one prime function area.
I am not sure if the balcony could be called the same primary function area as the first floor. Seems to me if they are on two different elevations with two different ways to get to them that they are different areas.

 

[steveray]

If they are adding accessible seating, I could use this to get them out of anything else:

4. This provision does not apply to alterations undertaken for the primary purpose of increasing the accessibility of a facility.

 

[bill1952]

The balcony does not have an accessible route to all the amenities.

But it seems the accessible seating on the main floor does have an accessible route to all the amenities. It doesn't discriminate against people with disabilities by denying them access to amenities.

The balcony and main floor seating areas seem like they serve the same primary function. They're for watching an event with other people. If they aren't, then every row of seats is a separate primary function area, and every row is not required to be served by an accessible route.

 

[Yankee Chronicler]

I don't get involved with the historical commission. I understand that there were no projector rooms or movies when this building was built in in the 1800's. I only review to comply with ICC codes.

But the IEBC has some provisions that apply specifically to historic buildings. So, if Pennsylvania has adopted the IEBC, step one is to see if the building you have described as "historical" is, in fact, a historic building under the IEBC.

[A] HISTORIC BUILDING. Any building or structure that
is one or more of the following:
1. Listed, or certified as eligible for listing, by the State
Historic Preservation Officer or the Keeper of the
National Register of Historic Places, in the National
Register of Historic Places.
2. Designated as historic under an applicable state or
local law.
3. Certified as a contributing resource within a National
Register, state designated or locally designated
historic district.

 

[Yankee Chronicler]

This is the only thing they say they are doing: They want to add 2 more rows of fixed seating in the back of the balcony by taking down a partition wall of the old projector wall in an existing (official) historical theater balcony.
each row of seating is a higher elevation. I would think anything new would have to comply to the IBC: new seating, aisles, risers and treads, wheelchair spaces, designated aisle seats, assistive listening system.

Does not compute. I've never heard of a projection booth/room that had a sloped floor.

There are less than 300 seats in the balcony, there is an exception that allows all wheelchair spaces to be on the main floor but I'm not sure if this means they don't need an accessible route to the balcony, see sections below.
By the way, us inspectors and plan reviewers in PA are not the authority having jurisdiction for accessibility, we cannot wave anything the accessible codes require, only a state accessibility board can do this in PA.

2018 IEBC SECTION 305
ACCESSIBILITY FOR EXISTING BUILDINGS
305.1 Scope. The provisions of Sections 305.1 through 305.9
apply to maintenance, change of occupancy, additions and
alterations to existing buildings, including those identified as
historic buildings.
305.7 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 and 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.

Assuming that you enforce the IEBC and assuming that the building meets the IEBC definition of "historic building," what about IEBC 1201.2? Where's the report, and what does it say?

[BS] 1201.2 Report. A historic building undergoing alteration
or change of occupancy shall be investigated and
evaluated. If it is intended that the building meet the requirements
of this chapter, a written report shall be prepared and
filed with the code official by a registered design professional
where such a report is necessary in the opinion of the
code official. Such report shall be in accordance with Chapter
1 and shall identify each required safety feature that is in
compliance with this chapter and where compliance with
other chapters of these provisions would be damaging to the
contributing historic features. For buildings assigned to Seismic
Design Category D, E or F, a structural evaluation
describing, at a minimum, the vertical and horizontal
elements of the lateral force-resisting system and any
strengths or weaknesses therein shall be prepared. Additionally,
the report shall describe each feature that is not in
compliance with these provisions and shall demonstrate how
the intent of these provisions is complied with in providing
an equivalent level of safety.

Granted, the report addresses safety rather than accessibility, but adding seating capacity in a very old balcony seating tier IMHO deserves being investigated and addressed even before dealing with accessibility.

Next up:

The balcony does not have an accessible route to all the amenities. Only stairways.
The primary function area that is being added is on top of the balcony.
I can't see the first floor and the balcony as being one primary function area, you need to go through two lobbies (which are also primary function areas) and a stairway to get from one to the other.
I would think the IEBC would require an accessible route to the primary function area that is being added or enlarged not to the primary function area on the first floor, but not sure. We all know a building can have more than one prime function area.
I am not sure if the balcony could be called the same primary function area as the first floor. Seems to me if they are on two different elevations with two different ways to get to them that they are different areas.

First, I don't agree that lobbies are primary function areas in a theater. The code definition is:

PRIMARY FUNCTION. A primary function is a major
activity for which the facility is intended. Areas that contain
a primary function include, but are not limited to, the
customer services lobby of a bank, the dining area of a cafeteria,
the meeting rooms in a conference center, as well as
offices and other work areas in which the activities of the
public accommodation or other private entity using the facility
are carried out. Mechanical rooms, boiler rooms, supply
storage rooms, employee lounges or locker rooms, janitorial
closets, entrances, corridors and restrooms are not areas
containing a primary function.

Don't be confused by the use of the term "customer services lobby of a bank." That's the public area, where you stand in line to see a teller. The primary function area in a theater is the seating area. The lobby is where people wait to get in -- nobody goes to a theater to spend an evening in the lobby. I agree that a balcony is a separate seating area from the orchestra, so you have two primary function areas. You haven't mentioned any proposed alterations on the orchestra level, so the balcony is the altered primary function area. The [soon-to-be-former] projection booth is not a separate primary function area -- it's going to become part of the balcony area. So they are not "adding" a primary function area, they are altering a primary function area.

So IEBC 305.7 (which you quoted above) should apply, but the 20 percent limitation also applies. And the 20% rule applies to the entire accessible route to the altered primary function area, including the toilet rooms serving it. So out of all this they're going to gain two rows of seats. How much can that possibly cost? They can't add an elevator for 20% of the cost of knocking down a wall and adding two rows of seats, especially in a historic building. So they need to spend 20% on some other accessibility improvements that serve the route to the balcony or the toilet rooms that serve the balcony.

Does the site have enough accessible parking spaces, are they convenient to the entrance, and are they properly striped and signed? Do the entrance doors meet accessibility standards? Is there a ramp to the entrance? Are there toilet rooms on the balcony level or are all toilet rooms on the main level? Are the toilet rooms serving the balcony (the altered primary function area) 100% accessible? If not, they can throw some money at that and it counts toward the 20%. Just adding an accessible drinking fountain counts toward the 20%.

There is no logic whatsoever to requiring wheelchair and companion seating on a level that people in wheelchairs can't get to. That said, if you are the code official, it is not your job to decide how to meet the code. That's the job of the applicant and their design professionals. If you are the code official, your job is to expklain to the applicant, as nicely as possible, that there are some code provisions that they will have to figure out how to meet.

 

[bill1952]

"A primary function is a major
activity for which the facility is intended."

a balcony is a separate seating area from the orchestra, so you have two primary function areas

Separate section of seating but same major activity.

 

[Mr. Inspector]

PA Uniform Construction Code (UCC) does not use chapter 1 in any of the ICC codes.
UCC 403,24 says if the building official judges the building or structure as safe (which I do) only the accessibility requirements apply.

The 1st floor lobby has a small bar for beer and wine on one end and an area with a counter to buy snacks and non-alcohol drinks in it on the other end. The balcony lobby has a bar and is like a museum (they call it a museum) with old photos and things related to the town. I would think this would make both lobbies primary function areas. No work in these areas.

I think the projection room may already have the levels for the two rows of seats because the 2x4 stud partition wall for the projection room was added in the 1950's when it made into a movie theater.

 

[Yankee Chronicler]

PA Uniform Construction Code (UCC) does not use chapter 1 in any of the ICC codes.
UCC 403,24 says if the building official judges the building or structure as safe (which I do) only the accessibility requirements apply.

The 1st floor lobby has a small bar for beer and wine on one end and an area with a counter to buy snacks and non-alcohol drinks in it on the other end. The balcony lobby has a bar and is like a museum (they call it a museum) with old photos and things related to the town. I would think this would make both lobbies primary function areas. No work in these areas.

I think the projection room may already have the levels for the two rows of seats because the 2x4 stud partition wall for the projection room was added in the 1950's when it made into a movie theater.

You're the code official. IMHO, neither lobby is a primary function area in a theater.

How many times have you gone to a theater to have a drink or to buy a snack, and then left -- without going to whatever show was playing? People go to theaters to see what's playing in the theater. That's the primary function. Go back to the definition, which I quoted above. Notice that for cafeterias the definition says "the dining area of a cafeteria," Since they specifically include the dining area, that means they exclude the serving line and the cashiers stations. To me, that's fully equivalent to NOT including the snack bar of a theater as a primary function, since the primary reason people go to theaters is not the snacks or soft drinks.

 

[Yankee Chronicler]

"A primary function is a major
activity for which the facility is intended."


Separate section of seating but same major activity.

Yes, but the IEBC provisions don't directly address primary functions, they address areas containing primary functions. I hope you're not going to argue that a theater balcony is the same area as the theater's orchestra.

305.7 Alterations affecting an area containing a primary
function. Where an alteration affects the accessibility to, or
contains an area of primary function . . .

 

[Mr. Inspector]

Here is a rough cut-away sketch of the theater. They did not give me any scale or dimensions yet. I do not know how to measure the square feet of the mezzanine. I don't even know if it is defined as a mezzanine (less than 1/3 of the space). Areas 6, 7, 8, 9 would be the mezzanine, would I add up the sq. ft. of all of these areas to get the total sq ft of the mezzanine? Do I total all of 2, 3, 4, 5 sq. ft. to see if the mezzanine is less than 1/3 of these spaces?
1. Foyer and ticket booth (doors on both sides)
2. lobby, bar, snack bar, restrooms.
3. t shirt and souvenir sales (no doors between 2 & 3)
4. Main siting area
5. stage
6. balcony lobby (the museum), restrooms and bar
7. ramp connecting museum to balcony seating area
8. balcony seating area (230 seats)
9. The two new rows of seats that will be added when projection room partition will be taken down. (66 new seats)
10. mezzanine

 

[bill1952]

It seems the two rows of seats are a restoration to the original design, not an addition.

 

[Mr. Inspector]

It seems the two rows of seats are a restoration to the original design, not an addition.

Architect is not calling it an addition. They want to use 2018 IEBC 301.3.2 Work Area Compliance Method (Alteration). I think they should also use the Chapter 12 Historic Buildings.

You're the code official. IMHO, neither lobby is a primary function area in a theater.

You can have more then one primary function in a building. They don't just line up at the bars in the lobby and the museum (2nd floor lobby). They stand around the bar and elsewhere in the lobby drinking and have conversations. I go to this theater a lot and it's get's very crowded at times in the first floor lobby at times with people hanging out. The museum even has some chairs and benches. I think of it as a restaurant that has a dining room and a separate bar area which are both primary functions.

 

[Yankee Chronicler]

Certainly a building can have more than one primary function. Even if there is only one primary function, there can be multiple "areas containing a primary function" -- which I think is the case here. The orchestra seating is one primary function area, and the balcony seating is a second primary function area. Neither lobby is a primary function area. Yes, I read your post. You are the code official. If it were in my town, I would not classify either lobby as a primary function area.

Based on the sketch, I think the entire balcony and its associated lobby can be considered to be a mezzanine. I assume that 6 is the mezzanine lobby, and 7 is the vomitory giving access from the upper lobby to the balcony seating.

I also agree that removing the projection room wall appears to be restoring the original design, not an addition.

Isn't there something in the accessibility provisions to the effect that mezzanines do not have to be accessible if the same "goods and services" are available on the main level and are accessible? Not sure, and I don't have time to research that at the moment but that's what I would be looking for.