# Direct and Unobstructed Access to a Public Way



## George McGerd (Oct 13, 2016)

In accordance with IBC 2015 Section 1028.5 and NFPA 101 Section 7.7.1, exits shall discharge at a public way or exit discharge shall provide "direct and unobstructed access to a public way" as stated by the IBC.  Can someone please clarify what they consider to be direct and unobstructed access to a public way?  

I have designed a project where some of the exterior exit doors discharge to a 5' x 5' conc. pad at grade.  Occupants would then have to cross a large, but very level grassy field to access the nearest public way, which is approximately 100 ft. from the exterior wall.

AHJ has stated that each exit door must be connected the the public way via ADA compliant sidewalks.  I have not had to do this on other projects in other jurisdictions.  Also, is there any separation requirement if sidewalks run parallel to the building (i.e. 10 ft. minimum separation, etc.)

Thanks!


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## JBI (Oct 13, 2016)

That 'large, but very level grassy field' would work just fine... on a dry summer day.
What happens when the ground is soaked and those exiting get stuck in the mud?
What happens when the snow falls in winter?
Or the wet ground freezes over and gets icy?

That some jurisdictions do not properly enforce the Code does not bind every other jurisdiction to shirk their duty.


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## cda (Oct 13, 2016)

I would say no seperation required


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## steveray (Oct 13, 2016)

I am going to disagree (at this time) with the fine gentleman from that other State....Accessible MOE needs to be an accessible path to a public way WITH EXCEPTIONS, so I can not imagine that one would be required to hold all egress to the higher standard of reaching the public way via walks or ramps...


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## Rick18071 (Oct 13, 2016)

2009 IBC 1007.1 only requires 1 to 2 accessible exits:

_1007.1 Accessible means of egress required.
Accessible means of egress shall comply with this section. Accessible spaces shall be provided with not less than one accessible means of egress . Where more than one means of egress are required by Section 1015.1 or 1021.1 from any accessible space, each accessible portion of the space shall be served by not less than two accessible means of egress .
Exceptions:
1. Accessible means of egress are not required in alterations to existing buildings.
2. One accessible means of egress is required from an accessible mezzanine level in accordance with Section 1007.3, 1007.4 or 1007.5.
3. In assembly areas with sloped or stepped aisles , one accessible means of egress is permitted where the common path of travel is accessible and meets the requirements in Section 1028.8._

you can have a area of refuge for an accessible exit:

_1007.2 Continuity and components.
Each required accessible means of egress shall be continuous to a public way and shall consist of one or more of the following components:
1. Accessible routes complying with Section 1104.
2. Interior exit stairways complying with Sections 1007.3 and 1022.
3. Exterior exit stairways complying with Sections 1007.3 and 1026.
4. Elevators complying with Section 1007.4.
5. Platform lifts complying with Section 1007.5.
6. Horizontal exits complying with Section 1025.
7. Ramps complying with Section 1010.
8. Areas of refuge complying with Section 1007.6.
Exceptions:
1. Where the exit discharge is not accessible , an exterior area for assisted rescue must be provided in accordance with Section 1007.7.
2. Where the exit stairway is open to the exterior, the accessible means of egress shall include either an area of refuge in accordance with Section 1007.6 or an exterior area for assisted rescue in accordance with Section 1007.7._


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## steveray (Oct 13, 2016)

_Exceptions:
1. Where the exit discharge is not accessible , an exterior area for assisted rescue must be provided in accordance with Section 1007.7.
2. Where the exit stairway is open to the exterior, the accessible means of egress shall include either an area of refuge in accordance with Section 1007.6 or an exterior area for assisted rescue in accordance with Section 1007.7._
_
_
Exactly what I was talking about. The most you could hold someone to would be an EAFAR...OR a path to the public way. Does not the egress path of travel on a sports field traverse the grass?


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## cda (Oct 13, 2016)

steveray said:


> _Exceptions:
> 1. Where the exit discharge is not accessible , an exterior area for assisted rescue must be provided in accordance with Section 1007.7.
> 2. Where the exit stairway is open to the exterior, the accessible means of egress shall include either an area of refuge in accordance with Section 1007.6 or an exterior area for assisted rescue in accordance with Section 1007.7.
> 
> ...




No


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## mtlogcabin (Oct 13, 2016)

The requirement to be accessible to a "public way" might be easy to comply with in an urban area but not in the real world. 
I can show you a number of commercial operations that are located more than 1/2 mile or more from a public way as defined in the code and the terrain makes it impossible to provide an accessible route to a public way. We use the following code section


1027.5 Access to a public way.
The exit discharge shall provide a direct and unobstructed access to a public way.

Exception: Where access to a public way cannot be provided, a safe dispersal area shall be provided where all of the following are met:

1.    The area shall be of a size to accommodate at least 5 square feet (0.46 m2) for each person.

2.    The area shall be located on the same lot at least 50 feet (15 240 mm) away from the building requiring egress.

3.    The area shall be permanently maintained and identified as a safe dispersal area.

4.    The area shall be provided with a safe and unobstructed path of travel from the building.


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## steveray (Oct 13, 2016)

And that would be the other one...Thanks MT!


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## Keystone (Oct 13, 2016)

The 2015 IBC defines Public Way and Accessible. 

Must all exits meet Accessible requirements, IDK, I'm not an accessibility inspector however I do feel that you would be required to meet one of two requirements for those additional doors;
A. Continuous pathway such as sidewalk to the public way.
               OR
B. An appropriately spaced, sized and graded dispersal area if the public way can't be reached via a sidewalk.if it's impractical to reach...


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## George McGerd (Oct 14, 2016)

Thank you everyone.  I believe can easily meet the accessiblity requirements of Section 1009 by making my 5' square pad into an exterior area for rescue assistance.  I already have 1-hr rated exterior masonry wall construction and I could very easily make the exterior doors 1-hr.  However, AHJ is sticking to his guns and saying I don't have a clear and unobstructed path since ADA concrete walks have not been provided to link the exterior doors to the public way.  JBI indicated that the field would serve to meet the requirement except in inclement weather, which is also AHJ's concern.  I can't find any code definition of "clear and unobstructed path" , code commentary or past precedent to support my case so I will have to defer to AHJ's ruling on this matter.  Mtlogcabin, thank you I could build a safe dispersal area 50 ft. from building but I might as well just extend the conc. walk 50 more feet to the existing public way (which happens to be a 20 ft. wide road w/o sidewalks / project is located in a rural area of the state)  Client will not be happy but AHJ has final call!  Thanks again!!


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## mtlogcabin (Oct 14, 2016)

No matter what you provide if it is not maintained during inclement weather it will be useless.
What is more important. Getting a handicap person to a public way or providing an area of rescue assistance?

Your climate will probably answer that question. Observation has led me to believe sidewalks leading to the public way are not a priority for snow removal. Now sidewalks that lead to the parking lot are. If you can get them to the parking lot then the drive aisle will lead to the public way.


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## fatboy (Oct 14, 2016)

^^^^^^^
That is our line of thought on it.


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## Rick18071 (Oct 14, 2016)

I would ask your inspector why you can't use _an exterior area for assisted rescue must be provided in accordance with Section 1007.7 per the exception?_


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## cda (Oct 14, 2016)

1028 is for everybody in the building

Not a select class


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## ADAguy (Oct 18, 2016)

Good discussion gang but as usual it comes back to closing to make your building half safe (code min.) OR best practice for a few dollars more. What is the cost of a human life?


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## hughdint (Mar 3, 2017)

I know that this is an older thread, but why would the grassy field not be a "public way"?
IBC says: *PUBLIC WAY a street alley or other parcel of land open to the outside air leading to a street that has been deeded, dedicated or otherwise permanently appropriated to the public for public use and which has a clear width and height of not less than 10 feet (3048 mm).*​It never says it has to be paved, accessible, or flat, only open.
Commentary further says if trees are planted there then it can't count; why even mention that caveat if they are only talking about paved (or even accessible) surfaces?


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## ADAguy (Mar 3, 2017)

It does say you have to be able to "get to it". In Maryland with snow that could be difficult.
Based on building size provide the AR and call it good.


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## Francis Vineyard (Mar 3, 2017)

*IBC [F] 1001.3* *Maintenance.* Means of egress shall be maintained in accordance with the International Fire Code.

*IFC 1030.3 Obstructions*. A means of egress shall be free from obstructions that would prevent its use, including the accumulation of snow and ice.


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## steveray (Mar 3, 2017)

A grassy field owned by the Town could be....


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## cda (Mar 3, 2017)

There are dispersal areas


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## sergoodo (Mar 4, 2017)

Unobstructed: You are ambulatory and can step off the concrete pad then walk that 100' path to the public way.
Obstructed: You are ambulatory and can step of the concrete pad but something gets in the way, or blocks you from walking that 100' path to the public way.

Area of Rescue Assistance is required if that 100' path does not comply with ADA


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## Rick18071 (Mar 6, 2017)

Even the front exit could be blocked by snow after a storm.


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