• Welcome to The Building Code Forum

    Your premier resource for building code knowledge.

    This forum remains free to the public thanks to the generous support of our Sawhorse Members and Corporate Sponsors. Their contributions help keep this community thriving and accessible.

    Want enhanced access to expert discussions and exclusive features? Learn more about the benefits here.

    Ready to upgrade? Log in and upgrade now.

Would carport replacements require site POT upgrades?

GoGoGadget

REGISTERED
Joined
May 4, 2021
Messages
18
Location
San Diego, CA
I'm looking at an existing multi-family development in California with 600 units (arranged in about 20 separate buildings) where the client wants to replace the existing carports. Replacing the 65 carports with new will likely require some shifts in the parking lot striping due to the new column design. My question is, for this scope of work-- would the path of travel from each accessible stall under a new carport to the nearest accessible unit be required to be evaluated/ upgraded? I'm trying to determine the extent of ADA path of travel site upgrades the code would require by simply replacing carports in-place with minor adjustments to parking stall striping as required to accommodate the new column placements. My guess is evaluating the ADA parking counts and stall dimensions and making those compliant, and also providing a code compliant path of travel from each accessible stall under a new carport to the nearest building it serves. (Also reviewing fire access roadway compliance at each carport locations) Can anyone confirm this would be the extent of necessary upgrades as a result of replacing carports? I don't anticipate a hardship could be argued as the cost of construction for demolishing and replacing 65 carports would be well over the $200k threshold.
 
I'm looking at an existing multi-family development in California with 600 units (arranged in about 20 separate buildings) where the client wants to replace the existing carports. Replacing the 65 carports with new will likely require some shifts in the parking lot striping due to the new column design. My question is, for this scope of work-- would the path of travel from each accessible stall under a new carport to the nearest accessible unit be required to be evaluated/ upgraded? I'm trying to determine the extent of ADA path of travel site upgrades the code would require by simply replacing carports in-place with minor adjustments to parking stall striping as required to accommodate the new column placements. My guess is evaluating the ADA parking counts and stall dimensions and making those compliant, and also providing a code compliant path of travel from each accessible stall under a new carport to the nearest building it serves. (Also reviewing fire access roadway compliance at each carport locations) Can anyone confirm this would be the extent of necessary upgrades as a result of replacing carports? I don't anticipate a hardship could be argued as the cost of construction for demolishing and replacing 65 carports would be well over the $200k threshold.
Adding the existing carports are NOT solar, and the new would also NOT be solar (nor solar ready)
 
I'm going to say not everywhere, you're probably going to have to make those upgrades to accessible stalls though and the POT to them. Here's the code section:

11B-202.4 Path of travel requirements in alterations, additions and structural repairs. When alterations or additions are made to existing buildings or facilities, an accessible path of travel to the specific area of alteration or addition shall be provided. The primary accessible path of travel shall include:
1. A primary entrance to the building or facility,
2. Toilet and bathing facilities serving the area,
3. Drinking fountains serving the area,
4. Public telephones serving the area, and
5. Signs,

Exceptions:
1. Residential dwelling units shall comply with Section 11B-233.3.4.2.

2. If the following elements of a path of travel have been constructed or altered in compliance with the accessibility requirements of the immediately preceding edition of the California Building Code, it shall not be required to retrofit such elements to reflect the incremental changes in this code solely because of an alteration to an area served by those elements of the path of travel:
1. A primary entrance to the building or facility,
2. Toilet and bathing facilities serving the area,
3. Drinking fountains serving the area,
4. Public telephones serving the area, and
5. Signs.
Note: The language in this exception, which refers to the "immediately preceding edition of the California Building Code, " shall permit a reference back to one CBC edition only and is not accumulative to prior editions.

3. Additions or alterations to meet accessibility requirements consisting of one or more of the following items shall be limited to the actual scope of work of the project and shall not be required to comply with Section 11B-202.4:
1. Altering one building entrance.
2. Altering one existing toilet facility.
3. Altering existing elevators.
4. Altering existing steps.
5. Altering existing handrails.

4. Alterations solely for the purpose of barrier removal undertaken pursuant to the requirements of the Americans with Disabilities Act (Public Law 101-336, 28 C.F.R., Section 36.304) or the accessibility requirements of this code as those requirements or regulations now exist or are hereafter amended including, but not limited to, one or more of the following items shall be limited to the actual scope of work of the project and shall not be required to comply with Section 11B-202.4:
1. Installing ramps.
2. Making curb cuts in sidewalks and entrance.
3. Repositioning shelves.
4. Rearranging tables, chairs, vending machines, display racks and other furniture.
5. Repositioning telephones.
6. Adding raised markings on elevator control buttons.
7. Installing flashing alarm lights.
8. Widening doors.
9. Installing offset hinges to widen doorways.
10. Eliminating a turnstile or providing an alternative accessible route.
11. Installing accessible door hardware.
12. Installing grab bars in toilet stalls.
13. Rearranging toilet partitions to increase maneuvering space.
14. Insulating lavatory pipes under sinks to prevent burns.
15. Installing a raised toilet seat.
16. Installing a full-length bathroom mirror.
17. Repositioning the paper towel dispenser in a bathroom.
18. Creating designated accessible parking spaces.
19. Removing high-pile, low-density carpeting.

5. Alterations of existing parking lots by resurfacing and/or restriping shall be limited to the actual scope of work of the project and shall not be required to comply with Section 11B-202.4.

6. The addition or replacement of signs and/or identification devices shall be limited to the actual scope of work of the project and shall not be required to comply with Section 11B-202.4.

7. Projects consisting only of heating, ventilation, air conditioning, reroofing, electrical work not involving placement of switches and receptacles, cosmetic work that does not affect items regulated by this code, such as painting, equipment not considered to be a part of the architecture of the building or area, such as computer terminals and office equipment shall not be required to comply with Section 1 lB-202.4 unless they affect the usability of the building or facility.

8. When the adjusted construction cost, as defined, is less than or equal to the current valuation threshold, as defined, the cost of compliance with Section 11B-202. 4 shall be limited to 20 percent of the adjusted construction cost of alterations, structural repairs or additions. When the cost of full compliance with Section 11B-202.4 would exceed 20 percent, compliance shall be provided to the greatest extent possible without exceeding 20 percent. When the adjusted construction cost, as defined, exceeds the current valuation threshold, as defined, and the enforcing agency determines the cost of compliance with Section 11B-202.4 is an unreasonable hardship, as defined, full compliance with Section 11B-202.4 shall not be required. Compliance shall be provided by equivalent facilitation or to the greatest extent possible without creating an unreasonable hardship; but in no case shall the cost of compliance be less than 20 percent of the adjusted construction cost of alterations, structural repairs or additions. The details of the finding of unreasonable hardship shall be recorded and entered into the files of the enforcing agency and shall be subject to Chapter 1, Section l.9.1.5, Special Conditions for Persons with Disabilities Requiring Appeals Action Ratification. For the purposes of this exception, the adjusted construction cost of alterations, structural repairs or additions shall not include the cost of alterations to path of travel elements required to comply with Section 11B-202.4. In choosing which accessible elements to provide, priority should be given to those elements that will provide the greatest access in the following order:
1. An accessible entrance;
2. An accessible route to the altered area;
3. At least one accessible restroom for each sex or one accessible unisex (single-user or family) restroom;
4. Accessible telephones;
5. Accessible drinking fountains; and
6. When possible, additional accessible elements such as parking, signs, storage and alarms.
If an area has been altered without providing an accessible path of travel to that area, and subsequent alterations of that area or a different area on the same path of travel are undertaken within three years of the original alteration, the total cost of alterations to the areas on that path of travel during the preceding three-year period shall be considered in determining whether the cost of making that path of travel accessible is disproportionate.

9. Certain types of privately funded, multistory buildings and facilities were formerly exempt from accessibility requirements above and below the first floor under this code, but as of April 1, 1994 are no longer exempt due to more restrictive provisions in the federal Americans with Disabilities Act. In alteration projects involving buildings and facilities previously approved and built without elevators, areas above and below the ground floor are subject to the 20 percent disproportionality provisions described in Exception 8, above, even if the value of the project exceeds the valuation threshold in Exception 8. The types of buildings and facilities are:
1. Office buildings and passenger vehicle service stations of three stories or more and 3,000 or more square feet (279 m2) per floor.
2. Offices of physicians and surgeons.
3. Shopping centers.
4. Other buildings and facilities three stories or more and 3,000 or more square feet (279 m1) per floor if a reasonable portion of services sought and used by the public is available on the accessible level. For the general privately funded multistory building exception applicable to new construction and alterations, see Section 11 B-206.2.3, Exception 1. The elevator exception set forth in this section does not obviate or limit in any way the obligation to comply with the other accessibility requirements in this code. For example, floors above or below the accessible ground floor must meet the requirements of this section except for elevator service. If toilet or bathing facilities are provided on a level not served by an elevator, then toilet or bathing facilities must be provided on the accessible ground floor.

10. Alterations solely for the purpose of installing electric vehicle charging stations (EVCS) at facilities where vehicle fueling, recharging, parking or storage is a primary function shall comply with Section 11 B-202.4 to the maximum extent feasible without exceeding 20 percent of the cost of the ·work directly associated with the installation of (EVCS). A "primary function" is a major activity for which the facility is intended. Alterations solely for the purpose of installing EVCS at facilities where vehicle fueling, recharging, parking or storage is not a primary function shall not be required to comply with Section 11 B-202.4.
 
Last edited:
thank you, since this is privately funded housing (although it does have a community pool/ clubhouse) would it follow a similar 11A applicable chapter?
 
You did not state the era of original construction for the privately funded apartments. You also did not state whether the carports are for the exclusive use of residents and their guests. All of this info is important.

Let me give you an example where we had zero accessibility requirements for replacement carports.
  • All the existing apartment buildings were constructed for first occupancy prior to 3/13/1991. Therefore there were zero covered multifamily dwellings (CMD).
  • The carports were for reserved for residents only.
  • CBC 1105A and 1109A.1 require carports or other parking facilities that are accessory to or serving CMDs to me accessible. But since we have zero CMDs, we had zero accessible parking requirement.
  • For what it's worth, we did have uncovered, unsecured parking available for the onsite apartment manager and potential future residents at the onsite leasing office. Because the leasing office was a place of business, the office and the parking serving it needed to meet ADA/ CBC 11B. But this had no impact on the resident carports.
 
Thanks for your questions. The existing apartment building was constructed in 1997. The carports are reserved for residents only. How would you interpret the requirements for site upgrades based on that information?
 
Being built in 1997, it was subject at that time to both the Fair Housing Act and (In California) the 1995 CBC section 1118A. Under that code, and also under the 2022 CBC 1109A:
  • If your carport parking was assigned to particular units, 2% of it would need to be accessible. That would be 2 out of 65 spaces, one of which is a van space.
  • If your carport parking was unassigned to particular units, 5% of it would need to be accessible. That would be 4 out of 65 spaces, one of which is a van space.
Most property owners would not want to expose themselves to a potential FHA lawsuit, and would look to provide accessible covered parking, rhater than to tell a vehicle owner who is disabled that they have no provision for them in the newly added carports.

Please also note that many people install carports with new lighting systems in the canopy, especially if the carports will block existing security lighting.
if you apply for permit after 7/1/24 to alter existing parking lot lighting systems, CalGreen will trigger EV capable spaces, including an EV capable van space.

https://up.codes/viewer/california/ca-green-code-2022/chapter/4/residential-mandatory-measures#4.106.4.3


4.106.4.3 Electric Vehicle Charging for Additions and
Alterations of Parking Facilities Serving Existing Multifamily Buildings

Where new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires a building permit, ten (10) percent of the total number of parking spaces added or altered shall be EV capable spaces to support future Level 2 electric vehicle supply equipment. The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as "EV CAPABLE."

Notes:
  1. Construction documents are intended to demonstrate the project's capability and capacity for facilitating future EV charging.
  2. There is no requirement for EV spaces to be constructed or available until EV chargers are installed for use.

ELECTRIC VEHICLE (EV) CAPABLE SPACE. [BSC-CG, DSA-SS and HCD] A vehicle space with electrical panel space and load capacity to support a branch circuit and necessary raceways, both underground and/or surface mounted.

LEVEL 2 ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE)
[HCD] The 208/240-volt 40-ampere branch circuit, and the electric vehicle charging connectors, attachment plugs and all other fittings, devices, power outlets or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.
 
4.106.4.3 Electric Vehicle Charging for Additions and
Alterations of Parking Facilities Serving Existing Multifamily Buildings

Where new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires a building permit, ten (10) percent of the total number of parking spaces added or altered shall be EV capable spaces to support future Level 2 electric vehicle supply equipment.
Guess I wouldn't be doing lighting or electric then.....
 
Back
Top