# Is an elevator required to a 2nd floor mezzanine in a retail inteior tenant space located at a mall.



## Archimorphous (May 1, 2018)

I have a 7,000 SF single story Tenant Retail Space that is located in a small strip shopping center.  It is basically a warehouse space used as a retail store.   We want to add interior offices by building a mezzanine, no more than 3,000 SF inside the tenant space.  Do we need an elevator to the mezzanine level?   Can we apply the elevator exception in 1104.4 in this case since the mezzanine is entirely enclosed within the tenant space and has no association outside to the existing mall area?

There appears to be a lot of different opinions on this.


----------



## RLGA (May 1, 2018)

Assuming the mezzanine is 2,333 sq. ft. or less (1/3 of the story below), then Exception 1 per the IBC Section 1104.4 and Exception 1 per ADA Standards Section 206.2.3 would apply. 

Regarding the IBC, the exception only applies to tenant spaces that are located above or below the accessible level. The tenant space in your case is on the accessible level--it is just the mezzanine that is not. 

Regarding the ADA Standards, the exception would not apply if the facility is a "shopping center" or a "shopping mall."  In your case, an individual tenant space is neither of those building types, but a component of those. It has the same application as the IBC, but described differently.


----------



## Archimorphous (May 1, 2018)

Thanks!   I like that opinion.


----------



## ADAguy (May 2, 2018)

RGLA, consider that the mezzanine being a component of an accessible space, the services offered on it must be mirrored on the accessible level. Consider also that present and future employees with offices on the mezzanine may be eligible for a Title I reasonable accommodation at a later date.


----------



## mark handler (May 2, 2018)

Be careful on definition of a Shopping center or shopping mall  –

(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.
In CA, it can be *ONE *or more buildings


----------



## Archimorphous (May 2, 2018)

Appreciate your feedback...ultimately it will be the local building official rendering their opinion, which will determine what will be allowed..


----------



## mark handler (May 2, 2018)

Archimorphous said:


> Appreciate your feedback...ultimately it will be the local building official rendering their opinion, which will determine what will be allowed..


yes


----------

