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Self Storage Units - HABITIBLE or NON HABITIBLE SPACE?

E

EugeneNinniePEAIA

REGISTERED
Joined
Oct 5, 2021
Messages
25
Location
Jackson Hole, WY
We are currently responding to comments on a 6 bldg. 208 unit self storage facility. The building inspector operating as a consultant for the municipality indicated that a percentage of units must be accessible as per Table 1109.3 Self Storage Facilities in the table it provided a percentage of units to be accessible.

My question is why provide accessibility to NON HABITBLE space? It is NOT HABITIBLE. It is storage. The 2021 International Building Code (IBC) defines habitable space as a space in a building that is used for living, sleeping, eating, or cooking. This definition does not include spaces such as bathrooms, closets, halls, storage, or utility spaces.

I spoke with the State fire marshal’s office and the chief reviewer he agrees that Storage is NON HABITIBLE and therefore Accessibility does not apply.

I am putting this out there for anyone who can shed some light on the matter. Thank you.
 
And then lets start with these sections....None of which mention habitable space:


Section 1101 General​


1101.1 Scope​


The provisions of this chapter shall control the design and construction of facilities for accessibility for individuals with disabilities.

Section 1102 Compliance​



1102.1 Design​


Buildings and facilities shall be designed and constructed to be accessible in accordance with this code and ICC A117.1.

Section 1103 Scoping Requirements​


1103.1 Where Required​


Sites, buildings, structures, facilities, elements and spaces, temporary or permanent, shall be accessible to individuals with disabilities.
 
While I appreciate humor and in my book the sign would do...I still have the Inspector humping my leg over accessibility.....any ideas? How do you see it? Are SS units HABITIBLE or NON HABITIBLE?
 
steveray said:
And then lets start with these sections....None of which mention habitable space:

Section 1101 General​


1101.1 Scope​


The provisions of this chapter shall control the design and construction of facilities for accessibility for individuals with disabilities.

Section 1102 Compliance​



1102.1 Design​


Buildings and facilities shall be designed and constructed to be accessible in accordance with this code and ICC A117.1.

Section 1103 Scoping Requirements​


1103.1 Where Required​


Sites, buildings, structures, facilities, elements and spaces, temporary or permanent, shall be accessible to individuals with disabilities.
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Way too nebulous....They made it that way in a lame attempt to "cover it all" .....What is habitible and non habitible space as it pertains to SS units?
 
steveray said:
Read past the joke....Pretty sure it's and ADA/ DOJ thing everywhere...Even if you don't have a code....
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I know the ADA laws are FEDERAL and come under the DOJ but THEIR lawyered drafted code still does not answer or define Habitible and non habitible spaces as it relates to the application. You are stating that the application of Fed ADA is with a broad brush and covers EVERYTHING ( typical lawyer politican answer) It is easier to broad stroke it rather than define..................because lawyers don't know pineapples from pipe on a project.
 
EugeneNinniePEAIA said:
Way too nebulous....They made it that way in a lame attempt to "cover it all" .....What is habitible and non habitible space as it pertains to SS units?
Click to expand...
Bathrooms are not habitable space.......Would you argue they do not need to be accessible?

BG] HABITABLE SPACE. A space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.

The building reviewer is correct and the fire guy is wrong...
 
steveray said:
Bathrooms are not habitable space.......Would you argue they do not need to be accessible?

BG] HABITABLE SPACE. A space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.

The building reviewer is correct and the fire guy is wrong...
Click to expand...
I too was just thinking of all the other non-habitable things that are required to be accessible.
 
I'll start this off by saying I'm one of the lesser experienced members here, so someone please correct me if I'm wrong.

Self-storage units as defined in the IBC are obviously not habitable.

However, the habitability of the structure has nothing to do with the requirement for accessibility. As mentioned earlier by Sifu, the relevant reference is here, IBC table 1108.3 - "Accessible Self-Storage Facilities".
 
EugeneNinniePEAIA said:
My question is why provide accessibility to NON HABITBLE space? It is NOT HABITIBLE. It is storage.
Click to expand...
[BG] OCCUPIABLE SPACE. A room or enclosed space designed for human occupancy in which individuals congregate for amusement, educational or similar purposes or in which occupants are engaged at labor, and which is equipped with means of egress and light and ventilation facilities meeting the requirements of this code.

They are not even an occupiable space. Then again neither is a parking garage, car wash, or ATM

[BG] SELF-SERVICE STORAGE FACILITY. Real property designed and used for the purpose of renting or leasing individual storage spaces to customers for the purpose of storing and removing personal property on a self-service basis.

They are available to the public, red, yellow, black or white who might have a bad back, a prosthetist of some kind as example as to why there are accessibility requirements for them.

Civil Rights issue that over the decades have become part of the code requirements.
 
Torres said:
I'll start this off by saying I'm one of the lesser experienced members here, so someone please correct me if I'm wrong.

Self-storage units as defined in the IBC are obviously not habitable.

However, the habitability of the structure has nothing to do with the requirement for accessibility. As mentioned earlier by Sifu, the relevant reference is here, IBC table 1108.3 - "Accessible Self-Storage Facilities".
Click to expand...
Welcome from the State of Maine!....Good people up there...

Sort of....Technically you start at the beginning of Ch 11 (as I posted above) and it is clearly in the scope there....1103 and 1104 are some general exceptions (generally) and yes.....if it is specifically listed, it needs to be accessible..At least to the extent specified...Which is 1109.3 in the 2021 IBC for SS units...
 
steveray said:
Bathrooms are not habitable space.......Would you argue they do not need to be accessible?

BG] HABITABLE SPACE. A space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.

The building reviewer is correct and the fire guy is wrong...
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I can see your view....Good point, they do!...so it looks like I will inform client that he needs to provide not only those accessible units but the parking spaces, electricity to light them, either a accessible mandoor with overhead door OR electrically operated OH doors. Thanks for the insight......Much Appreciated!....
 
steveray said:
Welcome from the State of Maine!....Good people up there...

Sort of....Technically you start at the beginning of Ch 11 (as I posted above) and it is clearly in the scope there....1103 and 1104 are some general exceptions (generally) and yes.....if it is specifically listed, it needs to be accessible..At least to the extent specified...Which is 1109.3 in the 2021 IBC for SS units...
Click to expand...
Many thanks! I'm still learning the most efficient way to navigate my code books, so I appreciate you outlining your process.

Also the updated table reference.. our state adopted standard (MUBEC) still uses the 2015 versions of code, I see now that the 2021 IBC has bumped that up to 1109.3.
 
EugeneNinniePEAIA said:
Way too nebulous....They made it that way in a lame attempt to "cover it all" .....What is habitible and non habitible space as it pertains to SS units?
Click to expand...

No, it's not at all nebulous. It says exactly what it says, ant it means exactly what it says. And it doesn't mention "habitable spaces." They wrote it to cover it all because that's the intent. Remember, the accessibility standards and requirements in the building code are, at their base, codifications of the ADA.
 
EugeneNinniePEAIA said:
I spoke with the State fire marshal’s office and the chief reviewer he agrees that Storage is NON HABITIBLE and therefore Accessibility does not apply.
Click to expand...

Out of curiosity, why did you call the state fire marshal's office? Unless I'm misreading the building code for Wyoming on the UpCodes web site, the state fire marshal is NOT the AHJ for the building code, so what he or his inspector says has absolutely no bearing on the question.
 
Yankee Chronicler said:
Out of curiosity, why did you call the state fire marshal's office? Unless I'm misreading the building code for Wyoming on the UpCodes web site, the state fire marshal is NOT the AHJ for the building code, so what he or his inspector says has absolutely no bearing on the question.
Click to expand...
EugeneNinniePEAIA said:
.I still have the Inspector humping my leg over accessibility
Click to expand...

Why did you contact the state FM, do they have input prior to permitting?

If a person with a disability wants to rent a storage space, will the person be able to get from his car to the unit, open the overhead door and load or unload?

Does the storage unit door have any special locking devise or door lift aids?

Does the FM request a Knoxbox for the gate, fire extinguisher(s) or a site plan showing firetruck access around the buildings? or is the building plan reviewers review requirements.
 
EugeneNinniePEAIA said:
?????....LMAO!!!
Click to expand...

Why are you laughing your ___ off? My comment was not intended to be humorous. Accessibility is a building code (and ADA) issue, not a fire code issue. Unless your state fire marshal is the AHJ over your state's building code, he/she has no authority to enforce or to interpret the building code. So why ask the state fire marshal for an opinion about a building code issue?
 
EugeneNinniePEAIA said:
I am putting this out there for anyone who can shed some light on the matter. Thank you.
Click to expand...
I will try to shed more light than heat.
  • Your building department enforces the locally adopted building code. That code contains requirements for storage units, as you mentioned.
  • Separately from the building code, the federal 2010 Americans With Disabilities Act Standards section 225.3 also has requirements for businesses that are self-service storage facilities. ADA is enforced by the US Dept. of Justice, when someone tries to sue you for discrimination on the basis of disability.
Previous responses are correct, "habitable" generally has to do with residential living (habitation). There are plenty of accessibility requirements that apply to non-residential spaces. In fact, ADA Title III has to do with providing accessibility at places of public accommodation such as businesses. (I'm no lawyer, but this is probably shoehorned in under the commerce clause of the U.S. Constitution).
Self-storage is a type of business, so in order to comply with ADA, you need to have a portion of your self-storage facilities be accessible.
I assume your local building code was likewise adopted with scoping for self storage businesses for the sake of promoting public health, safety and welfare for persons with disabilities.

Not sure if that fully answers the intent of you original question.

If your underlying question is really, "on a practical basis, why does a storage unit need to be accessible if a person in a wheelchair can't physically carry items to the storage unit anyway?", all I can tell you is that (a) persons in wheelchairs or mobility carts CAN carry many things. You may have seen this in your local supermarket, when a person in a cart pick items off of shelving and places it in a cart basket.
 
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