How would you handle this?

[tbz]

This is a tennis club field house, you can't access this patio through the building by wheel chair(see door sills).

They recently needed to repair the back wall and main stairs to the courts from the patio level.

They left (2) side steps untouched, do you feel that these items needed to be done with this reno?

From what I can tell this patio is not accessible by wheel chair currently, neither before or after?

You can see how much of the wall was replaced and part of the new stair flight in the picture below.

 

[Architect1281]

The access issue is a Big picture issue under ADA title 3 - The club should have been pro active and provided access because of the "Civil Right" aspect of the law, (complaints generate compliance) the brick wall repair is a maintainance issue and could have been solved by the repair you see or removal. The building permit issuance aspect of many types of construction may not necessarily mandate accessibility upgrade such as the masonry repair encountered here. Such a "Repair" here may not even invole permitting - counting courses it would be difficult to determine if the patio to grade is 30" which could require a Guard - looks close but doubtful - counting risers looks closer -

 

[jim baird]

TBZ,

You are the guardrail guy, right? You are being asked to bid on something to code? No design? Our state controls accessiblilty, and is very easygoing on existing buildings. Basically all the owner has to do for existing is claim that retrofitting is impractical or a hardship and he is off the hook there. If the steps are not part of egress it could be said they are not part of the building.

 

[Papio Bldg Dept]

Is it a private tennis club?

 

[Mac]

If the Exsiting Building Code applies, and the proposed work is a repair, then no additional accessibility alteration need be done (EBC 505).

It might be a good time to make voluntary alterations to provide better access but - in neighboring NY -the building permit would not require them.

 

[mark handler]

is it a private tennis club?

Your learning

 

[mark handler]

What code applies?

Do they allow nonmembers to play?

Does the state code apply? Most state codes do not have private code exceptions? Though many state codes exempt flatwork from needing permits?

Are permits required for any of the work?

Are there any amenities inside accessible?

What is driving the request? does the "client" want to upgrade the facilities?

 

[RJJ]

Besides the law suite issue or possible issue, the right thing is to provide access. This is a viewing area! ?? If another area exists then nothing needed. I would consider this a level I alteration and as such Ada may not need to be addressed.

Mark raise a number of fundamental question which I think need answers in order to draw a conclusion.

 

[rnapier]

I noticed your from NJ if the tennis court is also in NJ then chapter 6(REhab Code) of the UCC would apply. I don't think additional requirements would kick in. Here is a link for a copy http://www.nj.gov/dca/divisions/codes/codreg/pdf_regs/njac_5_23_6.pdf. Pay attention to article 6.4 Repair.

 

[mark handler]

I noticed your from NJ if the tennis court is also in NJ then chapter 6(REhab Code) of the UCC would apply. I don't think additional requirements would kick in. Here is a link for a copy http://www.nj.gov/dca/divisions/codes/codreg/pdf_regs/njac_5_23_6.pdf. Pay attention to article 6.4 Repair.

Welcome rnapier

from the link provided:

Improvements to the accessibility of buildings may be required when alteration work is undertaken.

Those requirements are specified in N.J.A.C. 5:23-6.6(e) and (k).

 

[tbz]

What code applies? Do they allow nonmembers to play?

Does the state code apply? Most state codes do not have private code exceptions? Though many state codes exempt flatwork from needing permits?

Are permits required for any of the work?

Are there any amenities inside accessible?

What is driving the request? does the "client" want to upgrade the facilities?

1.) My understanding is privately and need to join to play and use the premises, can invite guests as a member.

2.) The NJ IBC does apply because of the work done on the rear steps requires handrails.

3.) A permit was pulled for the stairs, I believe no permit for the wall work, as this was considered repair and though you can't tell (scuppers) the walking surface is just under 30" so though we will be building guards for on top the wall, they are not required and thus non-required guards do not need permits here(just a zoning issue some times).

4.) The front of the building has wheel chair access, but the patio does not.

5.) The request is our concern, not the client, reason being, we have had lots of issues in years past by not informing clients of code issues and compliance issues so we have taken a pro-active roll in making sure to point out items of concern so things don't come back at us.

Also, even though this is a private club, how is it effective by when they invite other clubs to come play tournaments, lets say like at the masters golf event, that's a private club that invites outsiders in once a year, is that event not required to have ADA compliance for where the fans visit?

Point here, the other side of the patio has (2) compliant steps (3) risers, thus when built no handrail required, today (2) handrails are required, we are not sure if the inspector will request the additional handrails when he see's all the work that has been done or not, some do some don't, but the cost to do the handrails while we are there doing the other work is very small, however to make (2) handrails later and have to send a crew out just to do that work is about 4-5 times more because of time, second trip and distances for such small items.

Hence when doing work like this the 20% rule always triggers in my mind and why the mason did not change that set of small steps to a ramp is another thing that just blows my mind with all the other work they did, that was an easy fix.

 

[mark handler]

IMHO, I am not a lawyer, Based on the Scoping you have described, a ramp is not required, but if they allow nonmembers to play, including tournaments, they need facilities for the disabled. If they allow nonmembers and tournaments they open themselves up to lawsuits.

 

[tbz]

I noticed your from NJ if the tennis court is also in NJ then chapter 6(REhab Code) of the UCC would apply. I don't think additional requirements would kick in. Here is a link for a copy http://www.nj.gov/dca/divisions/codes/codreg/pdf_regs/njac_5_23_6.pdf. Pay attention to article 6.4 Repair.

Here in lies my concern, to me if you have the stairs as shown and you fix a few bricks and install new top stones I consider that a repair, however when they remove all the material that made up the steps down to the existing footing and then build up new, I consider this replacement of structural work, not a repair.

Thus 5.23-6.4 does not apply to me IMO I go to 5.23-6.6

In any case under 6.4 or 6.5 or 6.6 item 3 all notes that diminishes accessibility, I guess you can say since there was no access you are not diminishing it.

Thanks for the input everyone