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WTF Does This Mean in Reality?

jar546

jar546

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Talking Fed ADA here:

(4) Path of travel. An alteration that affects or could affect the usability of or access to

an area of a facility that contains a primary function shall be made so as to ensure

that, to the maximum extent feasible, the path of travel to the altered area and the

restrooms, telephones, and drinking fountains serving the altered area are readily

accessible to and usable by individuals with disabilities, including individuals who use

wheelchairs, unless the cost and scope of such alterations is disproportionate to the

cost of the overall alteration.
 
I have a 4000 square foot clothes cleaners facility with apartments above it (non-sprinklered) that was flooded and they are restoring 100% of the primary function area. Other than studs, the entire 1st floor was gutted to the studs. They were not ADA compliant and don't want to be. The renovation costs are said to be $35,000 on the application. That is a BS number. No drawings, nothing other than a basic, bland bid by the contractor to do interior work.

If they say ADA counters and bathrooms will cost them too much then the verbiage above applies? Where is the line drawn when there are attorneys involved?
 
Advisory 202.4 Alterations Affecting Primary Function Areas. An area of a building or facility containing a major activity for which the building or facility is intended is a primary function area. Department of Justice ADA regulations state, "Alterations made to provide an accessible path of travel to the altered area will be deemed disproportionate to the overall alteration when the cost exceeds 20% of the cost of the alteration to the primary function area." (28 CFR 36.403 (f)(1)). See also Department of Transportation ADA regulations, which use similar concepts in the context of public sector transportation facilities (49 CFR 37.43 (e)(1)).

Francis

 
jar546 said:
If they say ADA counters and bathrooms will cost them too much then the verbiage above applies? Where is the line drawn when there are attorneys involved?
Click to expand...
The 20% applies only to the route or path of travel in existing buildings. The bathrooms and counters are compulsory if altered.
 
Where does it say that if you are renovating/altering/restoring, blah, blah, blah 100% of the primary function area, you need to comply with everything else such as bathrooms, counters, etc?

I know IBC Ch 11 and ANSI A117.1 2003, but not ADA stuff
 
+ +

Jeff,

Was the "flooded area" due to being in a floodplain area, or from a

burst water line, or other?

FWIW, ...you're not tasked to enforce ADA, just IBC & A117.1 if

adopted.

+ +
 
20% is that number here based on 3409.6..I believe..if they want it declared "technically infeasible" they talk to the State and my understanding is they are not that giving....
 
Definitions guides this; if it's renovation and repairs they can put back as it was, if they are altering the floor plan then it shall meet current for new construction.

3404.1 General. Except as provided by Section 3401.4 or this section, alterations to any building or structure shall comply with the requirements of the code for new construction. Alterations shall be such that the existing building or structure is no less complying with the provisions of this code than the existing building or structure was prior to the alteration.

Francis
 
= = =

From Section 3409.7 - Alterations affecting an area containing a primary function.

Where an alteration affects the accessibility to, or contains an area of primary function,

the route to the primary function area shall be accessible........The accessible route to the

primary function area shall include toilet facilities or drinking fountains serving the area

of primary function.

Exceptions:

1. The costs of providing the accessible route are not required to exceed 20 percent

of the costs of the alterations affecting the area of primary function.

2. This provision does not apply to alterations limited solely to windows, hardware,

operating controls, electrical outlets and signs.

3. This provision does not apply to alterations limited solely to mechanical systems,

electrical systems, installation or alteration of fire protection systems and abatement

of hazardous materials.

4. This provision does not apply to alterations undertaken for the primary purpose of

increasing the accessibility of an existing building, facility or element.

Sounds like your contractor needs to submit some more defined information & plans.

+ + +
 
= = = =

Jeff,

Let the beating [ of the contractor ] with the codes, begin! :agree

= = = =
 
The accessible route to the primary function area shall include toilet facilities or drinking fountains serving the area

of primary function.

In case you did not pull this out of northstars post Jeff.....that is where it says those features are a part of the accessible route
 
jar546 said:
Where does it say that if you are renovating/altering/restoring, blah, blah, blah 100% of the primary function area, you need to comply with everything else such as bathrooms, counters, etc? I know IBC Ch 11 and ANSI A117.1 2003, but not ADA stuff
Click to expand...
You can't determine ADA compliance. That's a matter for civil rights attorneys.

I don't see anything in the building code, however, which would allow non-accessible construction.
 
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