Exterior Accessible Route to 2nd Floor of Tenant Space?

[ryan81]

Hello All:

Please see the Yellow Highlighted spaces in the attached floor plan.

I am working on a multi-level tenant space within an existing 2-story building. The building houses a mixture of professional office tenants as well as restaurants and "personal care" type businesses (nail salon, massage parlor) on the main level. Because of the current configuration of adjacent tenant spaces in relationship to the shared/public elevator lobby, there is no current opportunity to provide an accessible route to the second floor of the tenant space from WITHIN that tenant space.

It may not seem fair or equitable, but is it acceptable for the accessible route to the second floor of this tenant space to require a user to go OUTSIDE and back into the building at the common elevator lobby in order to gain access to the second floor of the tenant space? While an accessible route is being provided, the route is not from within the tenant space, while other vertical circulation between floors does exist within the tenant space.

Generally speaking, ADA section 206.2.4 seems to imply that the accessible route should be provided inside where it is otherwise provided by a circulation path unless exempted by the exceptions in section 206.2.3..... Exception 1 does not require an accessible route to connect stories for private buildings under three stories so long as the building or facility is not a shopping center, shopping mall, professional office of a health care provider, or transportation related use. I could see the possibility that this building could be interpreted as a "shopping center", however, the tenant space in question is not open to the public (like a store or restaurant would be) rather, this tenant is a professional office.

Thoughts?

Thanks!

 

[mtlogcabin]

1104.5 Location.
Accessible routes shall coincide with or be located in the same area as a general circulation path. Where the circulation path is interior, the accessible route shall be interior. Where only one accessible route is provided, the accessible route shall not pass through kitchens, storage rooms, restrooms, closets or similar spaces.

however, the tenant space in question is not open to the public (like a store or restaurant would be) rather, this tenant is a professional office.

Are all customers served on one level? Trying to determine who will need to go from one level to the other during office hours, employees, customer's or no one.

 

[ryan81]

As far as I understand - Only employees.

It's all moot. I'm not sure how, but I overlooked 1104.5 of the IBC (2018). Where the circulation path is interior, the accessible route shall be interior.

 

[MtnArch]

The way I've always heard it explained, for accessibility you must provide the same type of access for both able and disabled. In other words, if you have an inaccessible interior route and to reach the accessible route you must go out in the elements you have now discriminated against the disabled (requiring them to be exposed to elements that others aren't required to be exposed to). I am dealing with a project currently where we have the same issue, and we will be replacing an exposed, non-accessible exterior stair with an enclosed accessible stair to account for a non-accessible enclosed stair that - due to technical infeasibility - we cannot make accessible. The new enclosure will provide covered access from both floors.