# Second story accessible path required



## classicT (Jul 16, 2019)

Given a two story 18,000sf building with a 2,200sf second story, is an accessible path required to the second story?

Issue at hand is the main level is open to the public (business occupancy), but the second story is employee only and contains features such as an employee break room, locker room, and offices. Like-for-like is not provided on the main level. Main level does have accessible restrooms, but lacks the break room w/ kitchenette and locker/changing room.

Code sections in question are as follows:

*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_.​
*1104.4 Multistory Buildings and Facilities*
At least one _accessible route _shall connect each _accessible story _and _mezzanine _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. This exception shall not apply to: 
1.1. Multiple tenant facilities of Group M occupancies containing five or more tenant spaces used for the sales or rental of goods and where at least one such tenant space is located on a floor level above or below the _accessible _levels; 
1.2. _Stories _or _mezzanines _containing offices of health care providers (Group B or I); 
1.3. Passenger transportation facilities and airports (Group A-3 or B); or 
1.4. Government buildings. ​2. _Stories _or _mezzanines _that do not contain _accessible _elements or other spaces as determined by Section 1107 or 1108 are not required to be served by an _accessible route _from an _accessible _level. 
3. In air traffic control towers, an _accessible route _is not required to serve the cab and the floor immediately below the cab. 
4. Where a two-story building or facility has one _story _or _mezzanine _with an _occupant load _of five or fewer persons that does not contain _public use _space, that _story _or _mezzanine _shall not be required to be connected by an _accessible route _to the _story _above or below.​So, the question becomes which section applies (see red text). Due to the second level having offices and employees work areas greater than 1,000sf, the common use circulation path must be an accessible route; however, the entire second level is less than 3,000sf, so the story is not required to be on an accessible route.


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## RLGA (Jul 16, 2019)

Breakrooms and locker rooms are not considered employee work areas.


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## classicT (Jul 16, 2019)

RLGA said:


> Breakrooms and locker rooms are not considered employee work areas.


Ok... office space exceeds 1,000sf on the second level.


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## Rick18071 (Jul 16, 2019)

RLGA said:


> Breakrooms and locker rooms are not considered employee work areas.



Who says? 
I had whole buildings that are an employee work area where no one else is allowed in the building.


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## classicT (Jul 16, 2019)

Rick18071 said:


> Who says?
> I had whole buildings that are an employee work area where no one else is allowed in the building.


Ch. 2 Definition
*EMPLOYEE WORK AREA. *All or any portion of a space used only by employees and only for work. _Corridors_, toilet rooms, kitchenettes and break rooms are not employee work areas.​


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## Rick18071 (Jul 16, 2019)

You would not need an accessible route to the second floor but _Common use circulation paths _within _employee work areas _shall be _accessible routes except for in a room or area that is less than 1,000 sq. ft._


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## steveray (Jul 17, 2019)

*1104.4 Multistory Buildings and Facilities*
At least one _accessible route _shall connect each _accessible story _and _mezzanine _in multilevel buildings and _facilities_. 
*Exceptions:* 
2. _Stories _or _mezzanines _that do not contain _accessible _elements or other spaces as determined by Section 1107 or 1108 are not required to be served by an _accessible route _from an _accessible _level. 

You can't tell an employee they can't use the breakroom.....


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## ADAguy (Jul 17, 2019)

That would be true and therefore "should" be on an accessible path, however is the definition "limited" to what it seems to say or may it be subject to an employers determination too?


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## mtlogcabin (Jul 17, 2019)

Simple answer is no the second floor does not need to accessible
However many stores lost Accessibility lawsuits under ADA due to the break room and locker areas being on that level.


Ty J. said:


> but lacks the break room w/ kitchenette and locker/changing room.


IMHO Relocate them to the main level or provide an accessible route


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