# 1104.4 Exception



## Msnma1974 (Aug 30, 2017)

*Hello Everyone;

1104.4 Multilevel buildings and facilities.* At least one _accessible route_ shall connect each _accessible_ level, including _mezzanines_, 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

*Is this exception still valid, if the ground floor has a different tenant and use than the second floor?*
First floor is an existing grocery store and the proposed use of the second floor is an office use. 
Each floor has its own entrance. Building built in 1931.

TIA


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## steveray (Aug 30, 2017)

Not exempt from ADA, but might be from code....


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## mark handler (Aug 30, 2017)

*What version of code are you paraphrasing?
We need more info*


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## Msnma1974 (Aug 30, 2017)

2015 Michigan IBC


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## CityKin (Aug 31, 2017)

An elevator cannot be required for small second floor spaces, it just isn't practical.  So the IBC drew the line at 3,000 SF.  Someone could argue that the cutoff should be 1,500 SF or some other size, but it is what it is.

I would approve


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## JCraver (Aug 31, 2017)

CityKin said:


> An elevator cannot be required for small second floor spaces, it just isn't practical.  So the IBC drew the line at 3,000 SF.  Someone could argue that the cutoff should be 1,500 SF or some other size, but it is what it is.
> 
> I would approve




Illinois changed it to 1000 sf.  I don't know why.  And they didn't listen to me when I told them that was dumb..

Does MI have its own Accessibility code, that would conflict with/override the building code?


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## mtlogcabin (Aug 31, 2017)

steveray said:


> Not exempt from ADA, but might be from code....


ADA does have an exemption for elevators similar to the building code

https://www.ada.gov/regs2010/2010ADAStandards/2010ADAstandards.htm#401d

*(d)* *Elevator exemption*.

(1) For purposes of this paragraph (d) –
(i)   Professional office of a health care provider means a location where a person or entity regulated by a State to provide professional services related to the physical or mental health of an individual makes such services available to the public. The facility housing the "professional office of a health care provider" only includes floor levels housing at least one health care provider, or any floor level designed or intended for use by at least one health care provider.
(ii)   Shopping center or shopping mall means –
(A) A building housing five or more sales or rental establishments; or
(B) A series of buildings on a common site, either under common ownership or common control or developed either as one project or as a series of related projects, housing five or more sales or rental establishments. For purposes of this section, places of public accommodation of the types listed in paragraph (5) of the definition of "place of public accommodation" in section § 36.104 are considered sales or rental establishments. The facility housing a "shopping center or shopping mall" only includes floor levels housing at least one sales or rental establishment, or any floor level designed or intended for use by at least one sales or rental establishment.


(2) This section does not require the installation of an elevator in a facility that is less than three stories or has less than 3000 square feet per story, except with respect to any facility that houses one or more of the following:
(i)  A shopping center or shopping mall, or a professional office of a health care provider.
(ii)  A terminal, depot, or other station used for specified public transportation, or an airport passenger terminal. In such a facility, any area housing passenger services, including boarding and debarking, loading and unloading, baggage claim, dining facilities, and other common areas open to the public, must be on an accessible route from an accessible entrance.

(3) The elevator exemption set forth in this paragraph (d) does not obviate or limit, in any way the obligation to comply with the other accessibility requirements established in paragraph (a) of this section. For example, in a facility that houses a shopping center or shopping mall, or a professional office of a health care provider, the floors that are above or below an accessible ground floor and that do not house sales or rental establishments or a professional office of a health care provider, must meet the requirements of this section but for the elevator.


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## Msnma1974 (Aug 31, 2017)

The building inspector is stating that the exception in 1104.4 for less than 3000 sq. ft.  is not applicable unless:
*" The upstairs use would have to occupy the first floor and provide all the services available on the second floor on the first floor."*
is this correct?


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## mtlogcabin (Aug 31, 2017)

No it is not correct


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## CityKin (Aug 31, 2017)

Msnma1974 said:


> The building inspector is stating that the exception in 1104.4 for less than 3000 sq. ft.  is not applicable unless:
> *" The upstairs use would have to occupy the first floor and provide all the services available on the second floor on the first floor."*
> is this correct?



The building inspector is wrong.  I've been told this too in plan review but upon re-review by the CBO we were allowed to build a second floor up to 3,000 SF without elevator, even if they are separate tenants.  I would caution the owner however about the ADA requirement that this exception does not apply to healthcare providers. (as shown by mtlogcabin)


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