Truck dock at a new building...ADA ramp??

[indyarchyguy]

This issue recently came up at a state commission hearing. A new, one-story building was recently constructed. During the final inspection, the local building inspector cited the truck dock for not having an accessible ramp at the dock area. The dock area did have a stair to traverse down from the raised area to the truck drive area (approximately 3-1/2 feet difference. The remainder of the building is completely accessible and meets all requirements. The argument from the local inspector was that workers at the dock would not be able to get from the raised area of the dock, down to the grade of the truck. The documents were reviewed at the state and local level and no comments were made that would have required the ADA ramp. The main argument from the Owner's representative was that all workers were required to be able-bodied due to the nature of the unloading/loading process. I would like to hear from those of you experts to get insight on this. I was listening in on the arguments which included the following:

1. One of the commissioners stated that if someone were hurt, how would you get a stretcher off the dock. The representative countered with the fact that it would be similar to a 2-story building that has no elevator, they would need to be taken down a fire stair.
2. This would be similar to other variances provided for fire stations that all workers at a fire station were required to be able-bodied and would not require ramps, etc.
3. That it was obvious the Architect missed this and they would not set a precedent to allow the elimination of the ramp.
4. That if a ramp was required it would take up so much space that they would actually lose a dock space (go from 2 trucks to 1 I believe).

So I would like to hear your thoughts on this before I tell the outcome....Thank you.

 

[mtlogcabin]

Is this an exit? Is it exposed to the weather? Is it part of the employee circulation path or just used by the truck drivers to access the loading dock and back of their trucks?
Depending on the answers there are exceptions to the ramp requirement for accessibility within the codes

 

[indyarchyguy]

Is this an exit? Is it exposed to the weather? Is it part of the employee circulation path or just used by the truck drivers to access the loading dock and back of their trucks?
Depending on the answers there are exceptions to the ramp requirement for accessibility within the codes

To my understanding...no it is not a required exit. There is an at grade exit for the truck dock that does not require you to go down to the truck area to egress. The stair is just used by either the truck drivers to get up to the back of their trucks, or for those working on the truck to walk down to reach the driver in his rig. Yes, exposed to weather.

 

[mtlogcabin]

[BE] MEANS OF EGRESS. A continuous and unobstructed path of vertical and horizontal egress travel from any occupied portion of a building or structure to a public way.
So this is not part of the means of egress as defined. Then no accessible ramp required

1009.1 Accessible means of egress required.
Accessible means of egress shall comply with this section. Accessible spaces shall be provided with not less than one accessible means of egress. Where more than one means of egress is required by Section 1006.2 or 1006.3 from any accessible space, each accessible portion of the space shall be served by not less than two accessible means of egress.
Do you meet the above requirement? If you do than an accessible ramp is not required at/for the loading dock

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.

The area is exposed to the weather therefore it is not required to meet the requirements of an employee work area. No ramp requirement.

 

[mtlogcabin]

Is the truck dock level with the driving lane or do they back down an incline to make the rear of the truck the same level as the loading dock
This

or this

 

[ADAguy]

Can a driver access on site restrooms or coffee rooms without needing a stair to do so. Not all drivers are able bodied.
Only 1 or 5% of bays required to be accessible?

 

[Yikes]

ADA Guy, a loading dock is not "parking space", so there is no requirement for an ADA commercial truck parking space. Therefore there is no requirement for an accessible path of travel to connect the commercial truck loading space to any other element.

The US Access board might say there is a requirement for ADA access from the loading dock surface to the interior of the building, but they wouldn't say there is a requirement from the loading dock down to the wheels of the truck 3'-4' below. See the example on page 15 (pdf page 18) at https://www.access-board.gov/files/ada/guides/ADA-Standards-Guide_Chapters1-5.pdf .
Now, if a loading dock is also doing double-duty as a required means of egress for the interior of the building, that might be a different story.

Furthermore, there is no plumbing code requirement for toilet facilities serving visiting truck drivers on truck loading docks.

 

[mark handler]

Indiana Building Code
1104.2 Within a Site
At least one accessible route shall connect accessible buildings, accessible facilities, accessible elements and accessible spaces that are on the same site.
1105.1.3 Restricted Entrances
Where restricted entrances are provided to a building or facility, at least one restricted entrance to the building or facility shall be accessible.
1105.1 Public Entrances; In addition to accessible entrances required by Sections 1105.1.1 through 1105.1.6, at least 60 percent of all public entrances shall be accessible.
Exceptions:
An accessible entrance is not required to areas not required to be accessible. Loading and service entrances that are not the only entrance to a tenant space.

IT DOES NOT SAY YOU CANNOT DIRECT THEM, THROUGH SIGNAGE TO AN ACCESSIBLE ENTRANCE

According to the DOJ
Not all areas require direct access from other areas

ADA Settlement Agreement between the United States and Chatham
Entrance at loading dock
Remedy: Provide directional signage to main accessible entrance. Standards §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

Settlement Agreement between the United States and Chatham University, Attachment E

The ADA Home Page provides access to Americans with Disabilities Act (ADA) regulations for businesses and State and local governments, technical assistance materials, ADA Standards for Accessible Design, links to Federal agencies with ADA responsibilities and information, updates on new ADA...

www.ada.gov

Employee Work Areas (§203.9)
Partial access is required to areas used only by employees for work (worker side of sales counters, offices, stock room, and loading dock

https://www.access-board.gov/files/ada/guides/ADA-Standards-Guide_Chapters1-5.pdf

ADASAD 206.2.4 Spaces and Elements. At least one accessible route shall connect accessible building or facility entrances with all accessible spaces and elements within the building or facility which are otherwise connected by a circulation path...

2010 ADA Standards for Accessible Design

The ADA Home Page provides access to Americans with Disabilities Act (ADA) regulations for businesses and State and local governments, technical assistance materials, ADA Standards for Accessible Design, links to Federal agencies with ADA responsibilities and information, updates on new ADA...

www.ada.gov

IT DOES NOT SAY YOU CANNOT DIRECT THEM, THROUGH SIGNAGE TO AN ACCESSIBLE ENTRANCE
Another option is a platform lift.

 

[Yikes]

mark handler:
That U.S. vs. Chatham says "Entrance at loading dock". I would understand that the unloading portion of the dock needs an accessible door into the building. But I can't see how the lower truck area itself would ever be required to be accessible.

 

[ADAguy]

Mark, driver must be able to move to the rear to unlock the doors, No?

 

[mark handler]

Mark, driver must be able to move to the rear to unlock the doors, No?

That has nothing todo with access to the dock. If the driver needs to access the dock, he/she can follow the posted accessible path of accessible travel.

 

[Mr. Inspector]

1104.2 Within a site. At least one accessible route shall connect
accessible buildings, accessible facilities, accessible elements
and accessible spaces that are on the same site.
Exceptions:
1. An accessible route is not required between accessible
buildings, accessible facilities, accessible elements
and accessible spaces that have, as the only
means of access between them, a vehicular way not
providing for pedestrian access.
2. An accessible route to recreational facilities shall
only be required to the extent specified in Section
1110.

I don't think the truck parking area is an accessible space anyway.

1105.1 Public entrances. In addition to accessible entrances
required by Sections 1105.1.1 through 1105.1.7, at least 60
percent of all public entrances shall be accessible.
Exceptions:
1. An accessible entrance is not required to areas not
required to be accessible.
2. Loading and service entrances that are not the only
entrance to a tenant space.

 

[ADAguy]

HMMM ?

 

[indyarchyguy]

Is the truck dock level with the driving lane or do they back down an incline to make the rear of the truck the same level as the loading dock
This
View attachment 7996
or this
View attachment 7997

Similar to the second option….they do not go down at an incline, but as you move around the sides of the building, you can enter at grade.

 

[indyarchyguy]

Just so you all know. The commission felt the Architect did not do his job in providing a ramp and was lazy. Therefore they required the ramp and denied the variance petition. I thought since the majority of entrances were accessible via sidewalks and the fact that 1105.1, Exception 2 applied. However they did not focus on this, nor did they bring it up to help with their defense of the petition.