Existing storage building privately owned in LA - Is it required ADA upgraded ?

[TDarch]

There is an old building that has been used to store landscaping equipment. It recently caught on fire and we were hired to fixed it. It has one restroom inside that was used by the employee of the landscape company. Do the bathroom and access to the building need accessible upgraded?

 

[Yankee Chronicler]

Are you asking if the federal ADA requires it, or if California law requires it?

Yes, I know the answer should be the same for both, but it may not be.

 

[Joe.B]

Short answer, probably. Cruise through 11B-203 and see if you can find an exception. If not, yes.

 

[Yikes]

Companies are always on the hook for ADA compliance for their employees. Even if the building had not burned, it would have required "readily achievable barrier removal." This would not be a building department requirement, but would be part of an ongoing obligation under U.S. civil rights law (don't expose yourself to a lawsuit).

But if your question is: "will the building department require accessibility upgrades as part of the fire repair work?", then the answer lies in CBC 11B, andit mainly relates to:
(1) whether you are just trying to get it back to its pre-fire conditions, or whether you are altering (11B-202.2) or adding (11B-202.3) to the building.
(2) If you are not altering or adding, but are only doing fire repair, does it meet the definition of "structural repair"?
(3) If the answer to #2 is "yes" then see 11B-202.4, which requires the following components to be made accessible, with some exceptions:

11B-202.4 Path of Travel Requirements in Alterations, Additions and Structural Repairs​

When alterations or additions are made to existing buildings or facilities, an accessible path of travel to the specific area of alteration or addition shall be provided. The primary accessible path of travel shall include:

1. A primary entrance to the building or facility,
2. Toilet and bathing facilities serving the area,
3. Drinking fountains serving the area,
4. Public telephones serving the area, and
5. Signs.

(4) The code section cited above has an exception #8 based on the cost of the project:

11B-202.4 exc. #8: When the adjusted construction cost, as defined, is less than or equal to the current valuation threshold, as defined, the cost of compliance with Section 11B-202.4 shall be limited to 20 percent of the adjusted construction cost of alterations, structural repairs or additions. When the cost of full compliance with Section 11B-202.4 would exceed 20 percent, compliance shall be provided to the greatest extent possible without exceeding 20 percent.

• When the adjusted construction cost, as defined, exceeds the current valuation threshold, as defined, and the enforcing agency determines the cost of compliance with Section 11B-202.4 is an unreasonable hardship, as defined, full compliance with Section 11B-202.4 shall not be required. Compliance shall be provided by equivalent facilitation or to the greatest extent possible without creating an unreasonable hardship; but in no case shall the cost of compliance be less than 20 percent of the adjusted construction cost of alterations, structural repairs or additions. The details of the finding of unreasonable hardship shall be recorded and entered into the files of the enforcing agency and shall be subject to Chapter 1, Section 1.9.1.5, Special Conditions for Persons with Disabilities Requiring Appeals Action Ratification.
• For the purposes of this exception, the adjusted construction cost of alterations, structural repairs or additions shall not include the cost of alterations to path of travel elements required to comply with Section 11B-202.4.
• In choosing which accessible elements to provide, priority should be given to those elements that will provide the greatest access in the following order:

1. An accessible entrance;
2. An accessible route to the altered area;
3. At least one accessible restroom for each sex or one accessible unisex (single-user or family) restroom;
4. Accessible telephones;
5. Accessible drinking fountains; and
6. When possible, additional accessible elements such as parking, signs, storage and alarms.

 

[Joe.B]

Companies are always on the hook for ADA compliance for their employees. Even if the building had not burned, it would have required "readily achievable barrier removal." This would not be a building department requirement, but would be part of an ongoing obligation under U.S. civil rights law (don't expose yourself to a lawsuit).

But if your question is: "will the building department require accessibility upgrades as part of the fire repair work?", then the answer lies in CBC 11B, andit mainly relates to:
(1) whether you are just trying to get it back to its pre-fire conditions, or whether you are altering (11B-202.2) or adding (11B-202.3) to the building.
(2) If you are not altering or adding, but are only doing fire repair, does it meet the definition of "structural repair"?
(3) If the answer to #2 is "yes" then see 11B-202.4, which requires the following components to be made accessible, with some exceptions:

11B-202.4 Path of Travel Requirements in Alterations, Additions and Structural Repairs​

When alterations or additions are made to existing buildings or facilities, an accessible path of travel to the specific area of alteration or addition shall be provided. The primary accessible path of travel shall include:

1. A primary entrance to the building or facility,
2. Toilet and bathing facilities serving the area,
3. Drinking fountains serving the area,
4. Public telephones serving the area, and
5. Signs.

(4) The code section cited above has an exception #8 based on the cost of the project:

11B-202.4 exc. #8: When the adjusted construction cost, as defined, is less than or equal to the current valuation threshold, as defined, the cost of compliance with Section 11B-202.4 shall be limited to 20 percent of the adjusted construction cost of alterations, structural repairs or additions. When the cost of full compliance with Section 11B-202.4 would exceed 20 percent, compliance shall be provided to the greatest extent possible without exceeding 20 percent.

• When the adjusted construction cost, as defined, exceeds the current valuation threshold, as defined, and the enforcing agency determines the cost of compliance with Section 11B-202.4 is an unreasonable hardship, as defined, full compliance with Section 11B-202.4 shall not be required. Compliance shall be provided by equivalent facilitation or to the greatest extent possible without creating an unreasonable hardship; but in no case shall the cost of compliance be less than 20 percent of the adjusted construction cost of alterations, structural repairs or additions. The details of the finding of unreasonable hardship shall be recorded and entered into the files of the enforcing agency and shall be subject to Chapter 1, Section 1.9.1.5, Special Conditions for Persons with Disabilities Requiring Appeals Action Ratification.
• For the purposes of this exception, the adjusted construction cost of alterations, structural repairs or additions shall not include the cost of alterations to path of travel elements required to comply with Section 11B-202.4.
• In choosing which accessible elements to provide, priority should be given to those elements that will provide the greatest access in the following order:

1. An accessible entrance;
2. An accessible route to the altered area;
3. At least one accessible restroom for each sex or one accessible unisex (single-user or family) restroom;
4. Accessible telephones;
5. Accessible drinking fountains; and
6. When possible, additional accessible elements such as parking, signs, storage and alarms.

That would be the long answer