# Existing Non-Accessible Bathroom



## HHMH (Aug 23, 2018)

A new tenant is moving into and existing Mercantile space and there is only (1) non-accessible restroom. Since the use is not changing, are code compliant, accessible restrooms required?
Thanks,


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## mark handler (Aug 23, 2018)

Per ADA, which is a civil rights law, yes. So you can be sued for noncompliance. 
State laws may vary, based on amount of construction done.


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## ADAguy (Aug 23, 2018)

Are you familiar with the ADA?
1. Is it for the use of employees only? If it is you might skate by pending a Title I employee reasonable accommodation request. 
2. Code does not require the upgrade but the ADA T-III does.
2. Barrier removal is an ongoing responsibility of the landlord.
3. There is no grandfathering of existing barriers.
4. Is the building accessible?


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## Rick18071 (Aug 23, 2018)

The International Existing Building Code says no work or no change of occupancy you don't need to do anything.


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## ADAguy (Aug 23, 2018)

ADA trumps IEBC.


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## georgia plans exam (Aug 23, 2018)

Who enforces the ADA?   GPE


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## ADAguy (Aug 23, 2018)

AG's office based on complaints received, your state apparently hasn't been hit by "drive-bys" yet.


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## georgia plans exam (Aug 24, 2018)

In the jurisdiction that I work for, we enforce a state accessibility code. It is not retroactive. In the OP's situation, we would not require accessible restrooms. The ADA is what it is, it "trumps" nothing.  JMHO - GPE


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## ADAguy (Aug 24, 2018)

Tell it to the judge.


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## Paul Sweet (Aug 24, 2018)

A building official can only enforce what is in the building code.  He can advise the owner that the ADA will still allow (and encourage) somebody to sue even though it meets code, but he can't do anything if the owner decides to take that risk.


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## ADAguy (Aug 24, 2018)

That is a trueism. Risk management is the owners choice.


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## fatboy (Aug 24, 2018)

That is my reply when asked........."building code won't require it, but that won't save you from a lawsuit........"


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## Tim Mailloux (Aug 29, 2018)

Rick18071 said:


> The International Existing Building Code says no work or no change of occupancy you don't need to do anything.



The OP didn't state there was no work taking place within the tenant space. Under a IEBC level 1 alteration which is very minor in scope, accessible toilets need to be addressed.

SECTION 503 ALTERATION - LEVEL 1
503.1 Scope. Level 1 alterations include the removal and replacement or the covering of existing materials, elements, equipment, or fixtures using new materials, elements, equipment, or fixtures that serve the same purpose.

SECTIO 705.1.10 TOILET ROOMS.
Where it is technically infeasible to alter existing toilet and bathing rooms to be accessible, an accessible family or assisted-use toilet or bathing room constructed in accordance with Section 1109.2.1 of the International Building Code is permitted. The family or assisted-use toilet or bathing room shall be located on the same floor and in the same area as the existing toilet or bathing rooms.


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## Rick18071 (Aug 29, 2018)

Tim Mailloux said:


> The OP didn't state there was no work taking place within the tenant space. Under a IEBC level 1 alteration which is very minor in scope, accessible toilets need to be addressed.



Didn't say if any work or no work is planed


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## ADAguy (Aug 29, 2018)

If no work, only a move-in, it is the landlords ongoing legal responsibility to provide/maintain accessible RR's for tenants per the ADA.


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