Pre-ADA 2 story building Barrier Removal Readily Achieveable

[ADAguy]

Given an existing pre ADA 2 story bar/lounge with 2nd floor performance stage with only stair access, it being a place of public accommodation with the major source of revenue coming from 2nd floor perfornamces; is there any defenseable argument for not requiring/providing access to the second floor under barrier removal requirements?

 

[BayPointArchitect]

2010 ADA 36.401 (d) (2) Elevator exemption. This section does not require the installation of an elevator in a facility that is less than three stories or has less than 3,000 square feet per story, except with respect to any facility that houses one or more of the following:
... shopping center ... health care provider ... public transportation ... airport

It seems ridiculous to me that in lieu of an elevator, the AHJ would require a ramp that is then more than 120 feet in length (1:12 slope plus intermediate landings). But I have seen code officials require similar ramps to achieve access to V.I.P. platforms within a large restaurant. The height of the platform being only two or three steps up.

 

[Mr. Inspector]

Given an existing pre ADA 2 story bar/lounge with 2nd floor performance stage with only stair access, it being a place of public accommodation with the major source of revenue coming from 2nd floor perfornamces; is there any defenseable argument for not requiring/providing access to the second floor under barrier removal requirements?

Why would an inspector go there if there is no permit and no work being done?

 

[ADAguy]

Not an inspector, a guy in a wheelchair who wants to see a live band on the second floor.
Only the Feds have a retroactive requirement to remove existing barriers unless there are later alterations, then code steps in too.