Second story accessible path required

[classicT]

Given a two story 18,000sf building with a 2,200sf second story, is an accessible path required to the second story?

Issue at hand is the main level is open to the public (business occupancy), but the second story is employee only and contains features such as an employee break room, locker room, and offices. Like-for-like is not provided on the main level. Main level does have accessible restrooms, but lacks the break room w/ kitchenette and locker/changing room.

Code sections in question are as follows:

1104.3.1 Employee Work Areas
Common use circulation paths within employee work areas shall be accessible routes.

Exceptions:

1. Common use circulation paths, located within employee work areas that are less than 1,000 square feet (93 m2) in size and defined by permanently installed partitions, counters, casework or furnishings, shall not be required to be accessible routes.
2. Common use circulation paths, located within employee work areas, that are an integral component of equipment, shall not be required to be accessible routes.
3. Common use circulation paths, located within exterior employee work areas that are fully exposed to the weather, shall not be required to be accessible routes.​

1104.4 Multistory Buildings and Facilities
At least one accessible route shall connect each accessible story and mezzanine in multilevel buildings and facilities.

Exceptions:

1. An accessible route is not required to stories and mezzanines 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); or
1.4. Government buildings. ​

2. Stories or mezzanines 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.
​

So, the question becomes which section applies (see red text). Due to the second level having offices and employees work areas greater than 1,000sf, the common use circulation path must be an accessible route; however, the entire second level is less than 3,000sf, so the story is not required to be on an accessible route.

 

[RLGA]

Breakrooms and locker rooms are not considered employee work areas.

 

[classicT]

Breakrooms and locker rooms are not considered employee work areas.

Ok... office space exceeds 1,000sf on the second level.

 

[Mr. Inspector]

Breakrooms and locker rooms are not considered employee work areas.

Who says?
I had whole buildings that are an employee work area where no one else is allowed in the building.

 

[classicT]

Who says?
I had whole buildings that are an employee work area where no one else is allowed in the building.

Ch. 2 Definition

EMPLOYEE WORK AREA. All or any portion of a space used only by employees and only for work. Corridors, toilet rooms, kitchenettes and break rooms are not employee work areas.​

 

[Mr. Inspector]

You would not need an accessible route to the second floor but Common use circulation paths within employee work areas shall be accessible routes except for in a room or area that is less than 1,000 sq. ft.

 

[steveray]

1104.4 Multistory Buildings and Facilities
At least one accessible route shall connect each accessible story and mezzanine in multilevel buildings and facilities.
Exceptions:
2. Stories or mezzanines 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.

You can't tell an employee they can't use the breakroom.....

 

[ADAguy]

That would be true and therefore "should" be on an accessible path, however is the definition "limited" to what it seems to say or may it be subject to an employers determination too?

 

[mtlogcabin]

Simple answer is no the second floor does not need to accessible
However many stores lost Accessibility lawsuits under ADA due to the break room and locker areas being on that level.

but lacks the break room w/ kitchenette and locker/changing room.

IMHO Relocate them to the main level or provide an accessible route