# 2nd Floor Tenant Space - ADA Accessibility



## glzath (Jul 7, 2015)

We have a potential small project for a 1,600 SF tenant build out w/ a "B" use group. The layout would include several full-ht gyp board offices, a couple secretarial stations, a conference room and toilet rooms for both men and women.

The issue is it's located on the second floor of the building with only a single stair access to the space. No elevator. I have not yet looked into the egress as I believe ADA access requirements would make this non-viable. Is that a correct assumption?

The stair is too narrow for a climber and the build-out is for the second floor only ... no first floor accommodations linked to the lease.

Thanks.


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## mark handler (Jul 7, 2015)

How wide are the stairs?

What code?

What occupancy?  Cannot be a medical or dental office.


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## mtlogcabin (Jul 7, 2015)

You do not need to provide an accessible route as long as the tenant is not a health care provider

All other accessible requirements need to be met including wheelchair accessible restrooms. I know it does not make sense. However there are cases were employees struggle up the stairs to a second level and then use a wheelchair throughout the day while doing their work.


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## glzath (Jul 7, 2015)

IBC 2009. "B" use group. 48" wide stairs.


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## glzath (Jul 7, 2015)

mtlogcabin said:
			
		

> You do not need to provide an accessible route as long as the tenant is not a health care providerAll other accessible requirements need to be met including wheelchair accessible restrooms. I know it does not make sense. However there are cases were employees struggle up the stairs to a second level and then use a wheelchair throughout the day while doing their work.


Thanks for the quick response (that's why I love this site    ). Is there a code citation or ADA section # for this?

EDIT: Just found the ADA Title III Section 36.401 New Construction (d) Elevator exemption info.


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## mark handler (Jul 7, 2015)

2010 Standards ADASAD

http://www.ada.gov/regs2010/2010ADAStandards/2010ADAStandards.pdf

202.3 Alterations. Where existing elements or spaces are altered, each altered element or space shall comply with the applicable requirements of Chapter 2.

EXCEPTIONS: 1. Unless required by 202.4, where elements or spaces are altered and the circulation path to the altered element or space is not altered, an accessible route shall not be

required.

206.2.3 Multi-Story Buildings and Facilities. At least one accessible route shall connect each

story and mezzanine in multi-story buildings and facilities.

EXCEPTIONS: 1. In private buildings or facilities that are less than three stories or that have

less than 3000 square feet (279 m2) per story, an accessible route shall not be required to

connect stories provided that the building or facility is not 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, an airport passenger terminal, or another type of facility as determined by the Attorney General.

2. Where a two story public building or facility has one story with an occupant load of five or

fewer persons that does not contain public use space, that story shall not be required to be

connected to the story above or below.

§ 36.404 Alterations: Elevator exemption.

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.


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## zigmark (Jul 7, 2015)

2009 IBC 1007.1 exception 1. Accessible means of egress are not required in alterations to existing building.

        IBC 1007.2.1 Elevators required.  In buildings where a required accessible floor is four or more stories above or below a level of exit discharge, at least one required accessible means of egress shall be an elevator...

        IBC 1104.1 Multilevel buildings and facilities. Exceptions. 1. An accessible route is not required to stories and mezzanines that have an aggerate area of not more than 3,000 square feet and located above and below accessible levels.  This exception shall not apply to...

        IBC 3404.1 General.  Exceptions: 1. An existing stairway shall not be required to comply with the requirements of Section 1009 where the existing space and construction does not allow a reduction in pitch or slope.

        IBC 3408.3 Stairways. An existing stairway shall not be required to comply with the requirements of Section 1009 where the existing space and construction does not allow a reduction in pitch or slope.

        IBC 3411.3 An alteration of an existing element, space or area of a building or facility shall not impose a requirement for greater accessibility than that which would be required for new construction.

Hope that helps!

ZIG


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## steveray (Jul 7, 2015)

1600 ft fitout or story?


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## mtlogcabin (Jul 7, 2015)

glzath said:
			
		

> Thanks for the quick response (that's why I love this site    ). Is there a code citation or ADA section # for this?EDIT: Just found the ADA Title III Section 36.401 New Construction (d) Elevator exemption info.


[h=3]§36.404 Alterations: Elevator exemption.[/h]


(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.


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## Archimorphous (May 1, 2018)

mark handler said:


> 2010 Standards ADASAD
> 
> http://www.ada.gov/regs2010/2010ADAStandards/2010ADAStandards.pdf
> 
> ...




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?


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## mark handler (May 1, 2018)

A shopping center or shopping mall cannot use the exception
https://www.ada.gov/regs2010/2010ADAStandards/2010ADAstandards.htm


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