# 2nd story employee only bathroom



## Tyler M. (Jun 24, 2019)

We are adding a bathroom to the second level of a existing building that is employee only use. They are citing accessibility requirements, but the stairs are non-compliant and not accessible to a handicapped person. They agreed that that portion is grandfathered in but they keep pushing of the bathroom needs to be ADA compliant. Can anybody point me towards articles are lawsuits that show accessibility has to be made in the first place for the structure to be ADA compliant?


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## Tyler M. (Jun 24, 2019)

Accessible bathrooms are located on the ground level..... OSHA is wanting us to put in a shower and clothes wash station for the strong likelihood of being exposed to hazardous materials.


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## fatboy (Jun 24, 2019)

I don't have my Codes in front of me, but I believe if there are accessible facilities within one floor, you are compliant. I'm sure others will reply before I get back the the office.


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## steveray (Jun 25, 2019)

How big is the second floor and what is the use? I don't have an easy way out of this one....

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.

Basically, if the route is required in new, the new bathroom is required to be accessible....


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## e hilton (Jun 25, 2019)

Tyler ... a couple of random thoughts.  If you are builfing a new restroom on the second floor, jusg go ahead and make it ada compatible.  Its a whole lot easier to do it from the beginnjng rather than going back later and rebuilding.  You need to spens ... what ... 10% on accessibility ... heres your chance.  Nd you are asking vor reference to law suits as a defence ... wow thats a pretty harsh way to intriduce yourself and your situation.  If you want law suits, call a lawyer.  If yoh want code advice, youre in the right place.  
What kind of business is this, that osha is concerned about hazardous chemicals?


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## mtlogcabin (Jun 25, 2019)

Handicap does not mean wheelchair needed. It can be a bad back, knees or suffering from Chronic Regional Pain Syndrome (CRPS) like my wife from a broken foot  years ago. So grab bars and higher water closets and a shower seat are aids that are need sometimes.


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## Mech (Jun 25, 2019)

2015 IBC
Section *1109.2 Toilet and bathing facilities.*  Each toilet room and bathing room shall be _accessible_. Where a floor level is not required to be connected by an_ accessible route_, the only toilet rooms or bathing rooms provided within the facility shall not be located on the inaccessible floor.  Except as provided for in Sections 1109.2.2 and 1109.2.3, at least one of each type of fixture, element, control or dispenser in each accessible toilet room and bathing room shall be _accessible_. [Exceptions not shown here.]

I do not think you qualify for any of the exceptions for a new toilet room to not be accessible.


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## Pcinspector1 (Jun 25, 2019)

You know sometimes a NON-handicapped person benefits from the ADA requirements, grab bars, higher toilet, mirror tilt and lever handle are a few. And as far as the stairs, a handicapped person is not always in a wheelchair.



Tyler M. said:


> employee only use



When this employee has an accident but can still work upstairs, but can't get the door open would he then have to use the other bathrooms on the other floor. Will budget cuts prevent them from changing the door knob into the bathroom?

Also I did not know that OSHA is involved with plan reviews, shouldn't the building codes dictate a shower and hand wash station.


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## e hilton (Jun 25, 2019)

Pcinspector1 said:


> You know sometimes a NON-handicapped person benefits from the ADA requirements, grab bars,



Yeah, like when Father Time starts to catch up ... not that i would admit to being old ...
Wifes sister had a toto high potty installed. Wife tried it one day ... we bought two.  And i reluctantly admit that its more comfortable.


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## Rick18071 (Jun 25, 2019)

IBC requires all new built toilet rooms not in residential to be accessible, period. Doesn't matter where it is. Doesn't matter if it is on a story or building that's not accessible. Just a few breaks for a private (one person) office.


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## ADAguy (Jun 25, 2019)

e hilton said:


> Yeah, like when Father Time starts to catch up ... not that i would admit to being old ...
> Wifes sister had a toto high potty installed. Wife tried it one day ... we bought two.  And i reluctantly admit that its more comfortable.


Welcome to the benefits of Universal Design.


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## ADAguy (Jun 25, 2019)

Tyler M. said:


> We are adding a bathroom to the second level of a existing building that is employee only use. They are citing accessibility requirements, but the stairs are non-compliant and not accessible to a handicapped person. They agreed that that portion is grandfathered in but they keep pushing of the bathroom needs to be ADA compliant. Can anybody point me towards articles are lawsuits that show accessibility has to be made in the first place for the structure to be ADA compliant?


Disabilities come in many flavors, not all of which are mobility based.


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## Pcinspector1 (Jun 25, 2019)

e hilton said:


> Wifes sister had a toto high potty installed. Wife tried it one day ... we bought two.  And i reluctantly admit that its more comfortable.



"e" I think it's a violation of the guy code to admit to the wife that she was right, one day you'll be out shopping and come across the "perfect fishing pole" and she'll say "What do you need that for?" Here try it, it bates it's self!


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## e hilton (Jun 25, 2019)

PC ... when i buy new tools i leave them in hiding for a couple of weeks, so when Da Boss asks about it i can truthfully say its not new ... i just havent used it in a while.


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## mark handler (Jun 26, 2019)

*And who knows when the elevator might be installed or PW-4x4Q Stair Climbing Wheelchair

*


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## Builder Bob (Jun 26, 2019)

Wonder how many flights it can go up before the chair quits?? Then what happens? does it roll back down the stairs?


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## ADAguy (Jun 26, 2019)

It "locks" in place and waits.


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## Builder Bob (Jun 28, 2019)

heading downhill would be terrifying...... locked in placed.


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