# Vertical Accessibility Clarification



## Phil B (Mar 13, 2021)

The ADA guidelines state that a private building with less than 3,000 sf per story does not need an elevator. I interpret that too mean that if I have a second story that is less than 3,000 sf, but my first story is way over 3,000 sf then I do need an elevator. Is that correct?

What if the 2nd level is for private use only and will not have more than 5 people?  
Thanks!


----------



## ADAguy (Mar 14, 2021)

Ouch, is 2nd floor to be a business?


----------



## mark handler (Mar 15, 2021)

Phil B said:


> The ADA guidelines state that a private building with less than 3,000 sf per story does not need an elevator. I interpret that too mean that if I have a second story that is less than 3,000 sf, but my first story is way over 3,000 sf then I do need an elevator. Is that correct?
> 
> What if the 2nd level is for private use only and will not have more than 5 people?
> Thanks!


Read the entire section....*3,000 square feet per story*_,_ *except with respect to any facility that houses a shopping center, a shopping mall, the professional office of a health care provider, a terminal, depot, or other station used for specified public transportation, or an airport passenger terminal.*​​§36.404 Alterations: Elevator exemption.​
(a) This section does not require the installation of an elevator in an altered facility that is less than three stories or has less than *3,000 square feet per story*, *except with respect to any facility that houses a shopping center, a shopping mall, the professional office of a health care provider, a terminal, depot, or other station used for specified public transportation, or an airport passenger terminal.*
(1) For the purposes of this section, professional office of a health care provider means a location where a person or entity regulated by a State to provide professional services related to the physical or mental health of an individual makes such services available to the public. The facility that houses a professional office of a health care provider only includes floor levels housing by at least one health care provider, or any floor level designed or intended for use by at least one health care provider.
(2) For the purposes of this section, shopping center or shopping mall means –
(i) A building housing five or more sales or rental establishments; or
(ii) A series of buildings on a common site, connected by a common pedestrian access route above or below the ground floor, that is 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 § 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.


(b) The exemption provided in paragraph (a) of this section does not obviate or limit in any way the obligation to comply with the other accessibility requirements established in this subpart. For example, alterations to floors above or below the accessible ground floor must be accessible regardless of whether the altered facility has an elevator.


----------



## Phil B (Mar 15, 2021)

ADAguy said:


> Ouch, is 2nd floor to be a business?


The 2nd level would be the private office space, with toilet room, for the owner of the company occupying the warehouse / manufacturing and office space below, hence the less than 5 occupancy even though the space would be over 2,000 sf, but well under 3000 sf.  My concern is that should the building be sold years from now, the amount of space on the 2nd level would exceed 5 persons if used as an office space for a future owner.  In either case however, it is only a 2-story building and the code _seems_ to exempt 2 story buildings from needing an elevator.


----------



## Phil B (Mar 15, 2021)

"This section does not require the installation of an elevator in an altered facility that is less than three stories *or* has less than *3,000 square feet per story..."*

This section, especially the word "*or*" seems to exclude 2 story facilities. This is also a new facility.


----------



## Tim Mailloux (Mar 15, 2021)

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 fee*t (278.7 m
2) and are located above and below accessible levels. This exception shall not apply to:

Based on the IBC your second floor does not require elevator access. Im not going to get into the ADA aspect of this.
Also, your occupant load capacity for the 2nd floor is also closer to 20 people based on 1004.1.2, maybe even higher if there is a conference room up there.


----------



## Phil B (Mar 15, 2021)

Tim Mailloux said:


> 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 fee*t (278.7 m
> ...


Thank you Tim, but sadly the 2020 Florida Building Code does not such have a clear and concise statement as the one you cited, and the 2020 Florida Accessibility Code has changed, and only refers to the number of occupants on a non-public upper level of a facility where vertical accessibility is not required. They might as well say "provide an elevator regardless"!!


----------



## Tim Mailloux (Mar 15, 2021)

Phil B said:


> Thank you Tim, but sadly the 2020 Florida Building Code does not such have a clear and concise statement as the one you cited, and the 2020 Florida Accessibility Code has changed, and only refers to the number of occupants on a non-public upper level of a facility where vertical accessibility is not required. They might as well say "provide an elevator regardless"!!



what is the occupant load threshold cited in the 2020 Florida Accessibility code?


----------



## Phil B (Mar 15, 2021)

Tim Mailloux said:


> what is the occupant load threshold cited in the 2020 Florida Accessibility code?


"Occupiable spaces and rooms that are not open to the public and that house no more than five persons, including, but not limited to equipment control rooms and projection booths."


----------



## Tim Mailloux (Mar 16, 2021)

Phil B said:


> "Occupiable spaces and rooms that are not open to the public and that house no more than five persons, including, but not limited to equipment control rooms and projection booths."


As I mentioned in a previous reply, with the 2nd floor being 2000SF there is just no way you have an occupant load of 5 people. It looks like the 2020 Florida is based on the 2018 IBC, and per table 1004.1.2 business areas have an occupant load factor of 1 person per 150SF, so at 2000SF you have a minimum occupant load of 14 people.


----------



## Phil B (Mar 16, 2021)

Tim Mailloux said:


> As I mentioned in a previous reply, with the 2nd floor being 2000SF there is just no way you have an occupant load of 5 people. It looks like the 2020 Florida is based on the 2018 IBC, and per table 1004.1.2 business areas have an occupant load factor of 1 person per 150SF, so at 2000SF you have a minimum occupant load of 14 people.


Agreed, and thank you for your input.  Just doing due diligence since the folks using the facility are planning on only 1 or 2 people on the upper level, no public use That however is not addressed in the code so I was just confirming things before moving on.


----------



## Tim Mailloux (Mar 16, 2021)

Phil B said:


> Agreed, and thank you for your input.  Just doing due diligence since the folks using the facility are planning on only 1 or 2 people on the upper level, no public use That however is not addressed in the code so I was just confirming things before moving on.


Is this a new building or a renovation / addition?


----------



## Phil B (Mar 17, 2021)

New


----------



## ADAguy (Mar 18, 2021)

Consideration of future use is a good idea as it will enhance resale.


----------



## Phil B (Mar 19, 2021)

Absolutely, and thanks again for input


----------

