# accessible fixtures on a non accessible mezzanine



## Hyrax4978 (Jan 5, 2022)

In CT mezzanines under 3,000 sf where the same goods and services are provided in accessible areas are not required to be accessible. 
So if i have a toilet room on a 1,500 SF mezzanine, where we have toilet rooms on the main level, they fixtures don't need to be accessible???
Some how this just feels wrong. LOL But yet it doesn't make sense to have a low urinal or grab bars if its not accessible. 

Any thoughts.


----------



## classicT (Jan 5, 2022)

IBC Section 1104.4 exempts the accessible route to the mezzanine level. It does not exempt the fixtures on that level from being accessible.

Check out IBC Section 1109.2 to see if the toilet room qualifies for any of the exemptions for being accessible.


----------



## classicT (Jan 5, 2022)

*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:*

Toilet rooms or bathing rooms accessed only through a private office, not for _common _or _public use _and intended for use by a single occupant, shall be permitted to comply with the specific exceptions in ICC A117.1.
This section is not applicable to toilet and bathing rooms that serve _dwelling units _or _sleeping units _that are not required to be _accessible _by Section 1107.
Where multiple single-user toilet rooms or bathing rooms are clustered at a single location, at least 50 percent but not less than one room for each use at each cluster shall be _accessible_.
Where no more than one urinal is provided in a toilet room or bathing room, the urinal is not required to be _accessible_.
Toilet rooms or bathing rooms that are part of critical care or intensive care patient sleeping rooms serving _Accessible units _are not required to be _accessible_.
Toilet rooms or bathing rooms designed for bariatrics patients are not required to comply with the toilet room and bathing room requirement in ICC A117.1. The _sleeping units _served by bariatrics toilet or bathing rooms shall not count toward the required number of _Accessible sleeping units._
Where toilet facilities are primarily for children's use, required _accessible _water closets, toilet compartments and lavatories shall be permitted to comply with children's provision of ICC A117.1.


----------



## mark handler (Jan 5, 2022)

*YOU NEED TO TALK WITH THE AHJ*

Accessible and Usable Buildings and Facilities 2009 of Connecticut
203 Administration
The administrative authority shall provide an appropriate review and approval process to ensure compliance with this standard.
601.1 Scope
Plumbing elements and facilities required to be accessible by scoping provisions adopted by the administrative authority shall comply with the applicable provisions of Chapter 6.


----------



## steveray (Jan 5, 2022)

I'm with classicT...Not sure if OSBI ever opined on this....Just because the route is exempted, it does not necessarily exempt all features...Such as braille signage....


----------



## RLGA (Jan 5, 2022)

The 2010 ADA Standards, Section 213.1, requires accessible toilet facilities on an accessible route. There is no mention about toilet facilities on nonaccessible stories permitted per Section 206.2.3 Exceptions 1 and 2. 

However, the mandatory language in the first sentence of 213.1 ("Where toilet facilities [...] are provided, they shall comply with 213.") and the first sentence  of 213.2 ("Where toilet rooms are provided, each toilet room shall comply with 603.") leads me to believe that if the toilet rooms are located on a nonaccessible story, they must still be accessible, and that other accessible toilet rooms must be located on an accessible route per 213.1. This is similar to the IBC section that @classicT provided.


----------



## classicT (Jan 5, 2022)

Something that I always try to remind folks of is that accessible does not mean wheelchair.

Accessible features provide greater functionality to more than those who require a wheelchair. People who can traverse a set of stairs, still benefit for grab bars, larger floor areas, etc. I spent some time on crutches due to a broken ankle... and guess what, I was appreciative of the larger stall and the grab bars. While stairs are a bit precarious when on crutches, I was still able to navigate them.

Therefore, just because you do not have to have an accessible route, does not mean that you are exempt from accessible features. Accessible use does not equate to a wheelchair user.


----------



## Yikes (Jan 5, 2022)

Paul Sweet said:


> Receptacles inside a cabinet probably wouldn't count as required receptacles.





RLGA said:


> The 2010 ADA Standards, Section 213.1, requires accessible toilet facilities on an accessible route. There is no mention about toilet facilities on nonaccessible stories permitted per Section 206.2.3 Exceptions 1 and 2.
> 
> However, the mandatory language in the first sentence of 213.1 ("Where toilet facilities [...] are provided, they shall comply with 213.") and the first sentence  of 213.2 ("Where toilet rooms are provided, each toilet room shall comply with 603.") leads me to believe that if the toilet rooms are located on a nonaccessible story, they must still be accessible, and that other accessible toilet rooms must be located on an accessible route per 213.1. This is similar to the IBC section that @classicT provided.



2010 ADAS:



I agree that 213.1 is to be interpreted that the interior features, fixtures, and clearances of a toilet room on a nonaccessible story or nonaccessible mezzanine must be accessible, even if the toilet room is not on an accessible route, for the reasons mentioned by Classic T.

The exception to this is if we are talking about dwelling units in public housing, where a floor that is nonaccessible is not required to have accessible dwelling units - -in that instance the dwelling unit's bathrooms are not required to be accessible.


----------



## Hyrax4978 (Jan 6, 2022)

I'm following and not going to totally disagree. But wanted to throw this out there for others opinions. 
CT general statute 29-274: 
(b) The provisions of section 29-269 shall not apply to the renovations, additions or alterations to existing buildings above the street floor being converted to use group B, “Business Buildings”, as defined in the State Building Code, provided: (1) Each story above the street floor contains less than three thousand square feet of total gross area per floor; (2) the street floor is renovated or altered to comply with the provisions of section 29-269; and (3) the nonaccessible story above the street floor does not include the offices of health care providers, municipal or state agencies or passenger transportation facilities or offices located in airport terminals.
(c) Any building consisting of three stories or less, not otherwise exempted from the provisions of section 29-269 shall be exempt from said section if (1) each story above or below the street floor contains less than three thousand square feet of total gross area, (2) the street floor is designed, renovated or altered to comply with the provisions of section 29-269, and if applicable, section 29-273, and (3) the nonaccessible story above or below the street floor does not include the offices of health care providers, municipal or state agencies or passenger transportation facilities or offices located in airport terminals or mercantile facilities having five or more tenant spaces.
This is mimicked in the CT state building code under 1103.2.15. 
1103.2.16 
Mezzanines less than 3,000 sf are not required to be accessible and are not required to be on an accessible route.


----------



## dancinbear (Jan 6, 2022)

I agree with Classic T 100%. Hyrax4978 I agree that the Connecticut mezzanine itself does not have to be provided with an accessible route, but there is absolutely nothing in 1109.2 that allows you to choose to build a toilet room with non-accessible features on that level. For the reasons as stated by Classic T.


----------



## steveray (Jan 6, 2022)

On looking at the book.....To some extent, as CT inserts this in to 1103, it is a "scoping exemption" not 1104 route and would take 1109 out of play....

Sec. 29-269. (Formerly Sec. 19-395a). Standards for construction of buildings to accommodate persons with physical disabilities. (a) The State Building Inspector and the Codes and Standards Committee shall revise the State Building Code to be in substantial compliance with the provisions of the Americans with Disabilities Act of 1990, as amended, 42 USC 12101 and the Fair Housing Amendments Act of 1988, as amended, 42 USC 3600. The provisions of this subsection and the State Building Code as from time to time revised pursuant to this section shall control the design, construction and arrangement of all buildings and building elements, constructed under permits issued on or after October 1, 1975, and all buildings or building elements constructed or substantially renovated by the state, any municipality or any other political subdivision of the state, the architectural design of which was commenced on or after October 1, 1977, except buildings which have been approved by the Department of Housing and Urban Development as being in conformance with federal standards for housing for the elderly and physically handicapped and for which a permit was issued prior to June 9, 1976, to ensure accessibility thereto and use by the physically handicapped.

Sec. 29-274. (Formerly Sec. 19-396c). Exemptions from State Building Code standards. (a) The provisions of section 29-269 shall not apply to detached one and two-family dwellings.

(b) The provisions of section 29-269 shall not apply to the renovations, additions or alterations to existing buildings above the street floor being converted to use group B, “Business Buildings”, as defined in the State Building Code, provided: (1) Each story above the street floor contains less than three thousand square feet of total gross area per floor; (2) the street floor is renovated or altered to comply with the provisions of section 29-269; and (3) the nonaccessible story above the street floor does not include the offices of health care providers, municipal or state agencies or passenger transportation facilities or offices located in airport terminals.

(c) Any building consisting of three stories or less, not otherwise exempted from the provisions of section 29-269 shall be exempt from said section if (1) each story above or below the street floor contains less than three thousand square feet of total gross area, (2) the street floor is designed, renovated or altered to comply with the provisions of section 29-269, and if applicable, section 29-273, and (3) the nonaccessible story above or below the street floor does not include the offices of health care providers, municipal or state agencies or passenger transportation facilities or offices located in airport terminals or mercantile facilities having five or more tenant spaces.

(Add) 1103.2.15 Statutory requirements. The following additional exceptions to requirements for accessibility are in accordance with section 29-274 of the Connecticut General Statutes: 1. Accessibility shall not be required in renovations, additions or alterations to stories in existing buildings above the street floor being converted to Group B provided each story above the street floor contains less than 3,000 square feet (278.7 m2 ) of total gross area per floor and the street floor is renovated or altered to provide accessibility to persons with disabilities. This provision shall not apply to stories above the street floor that include the offices of health care providers, municipal or state agencies or passenger transportation facilities or offices located in airport terminals. 2. Buildings and structures of any occupancy not otherwise exempted from the requirements of this chapter shall be exempt if each story above and below the street floor contains less than 3,000 square feet (278.7 m2 ) of total gross area and the street floor is designed, renovated or altered to provide accessibility to persons with disabilities. This provision shall not apply to stories above or below the street floor that include the offices of health care providers, municipal or state agencies or passenger transportation facilities or offices located in airport terminals or mercantile facilities having five or more tenant spaces.

(Add) 1103.2.16 Mezzanines. Mezzanines having fewer than 3,000 square feet (278.7 m2 ) of gross floor area, either singly or in the aggregate for multiple mezzanines on any floor, are not required to be accessible and are not required to be located on an accessible route, provided that the goods and services available on any mezzanine shall be available in accessible areas.


----------



## Paul Sweet (Jan 7, 2022)

When ADA was first adopted the explanation I heard was that new restrooms on non-accessible floors still had to be accessible so they wouldn't have to be redone if an elevator or accessible route was added in the future.


----------



## mtlogcabin (Jan 7, 2022)

Technology has come a long way



			https://loaids.com/wheelchair-that-climbs-stairs/#:~:text=For%20ease%20of%20mobility%2C%20a%20stair-climbing%20wheelchair%20is,down%20the%20stairs%20with%20little%20to%20no%20assistance.


----------



## MtnArch (Jan 7, 2022)

Way back in 1985 at an accessibility seminar put on by DSA, this was one of the questions brought up.  The example given was someone who needed a wheelchair, but could traverse stairs and would have (2) wheelchairs - one on the lower floor and one on the upper floor - and that is why the upper floor needed to be accessible even though the STAIRS were not required to be accessible.


----------



## ADAguy (Jan 9, 2022)

Attended the same workshop and heard the same thing.


----------



## mtlogcabin (Jan 10, 2022)

I have heard the same reasoning in a seminar in Florida in 95


----------



## dancinbear (Jan 10, 2022)

2010 ADA Standards for Accessible Design: Advisory 206.2.3 Multi-Story Buildings and Facilities. "Spaces and elements located on a level not required to be served by an accessible route must fully comply with this document."


----------



## Jean Tessmer-HI (Jan 13, 2022)

Hyrax4978 said:


> I'm following and not going to totally disagree. But wanted to throw this out there for others opinions.
> CT general statute 29-274:
> (b) The provisions of section 29-269 shall not apply to the renovations, additions or alterations to existing buildings above the street floor being converted to use group B, “Business Buildings”, as defined in the State Building Code, provided: (1) Each story above the street floor contains less than three thousand square feet of total gross area per floor; (2) the street floor is renovated or altered to comply with the provisions of section 29-269; and (3) the nonaccessible story above the street floor does not include the offices of health care providers, municipal or state agencies or passenger transportation facilities or offices located in airport terminals.
> (c) Any building consisting of three stories or less, not otherwise exempted from the provisions of section 29-269 shall be exempt from said section if (1) each story above or below the street floor contains less than three thousand square feet of total gross area, (2) the street floor is designed, renovated or altered to comply with the provisions of section 29-269, and if applicable, section 29-273, and (3) the nonaccessible story above or below the street floor does not include the offices of health care providers, municipal or state agencies or passenger transportation facilities or offices located in airport terminals or mercantile facilities having five or more tenant spaces.
> ...


Your first post was about a restroom on the mezzanine.  Is that the only restroom available to employees?
Here is a Q&A from the US Access Board.
*Employee Work Areas (206.2.8)*
Q: Do all circulation paths in an office need to be accessible?
A: Common use circulation paths must be accessible in employee work areas that are 1,000 sq. ft. or more in size.
*213 Toilet Facilities and Bathing Facilities
213.1* General. Where toilet facilities and bathing facilities are provided, they shall comply with 213. Where toilet facilities and bathing facilities are provided in facilities permitted by 206.2.3 Exceptions 1 and 2 not to connect stories by an _accessible_ route, toilet facilities and bathing facilities shall be provided on a story connected by an _accessible_ route to an _accessible_ entrance.
*213.2* Toilet Rooms and Bathing Rooms. Where toilet rooms are provided, each toilet room shall comply with 603. Where bathing rooms are provided, each bathing room shall comply with 603.
The restoom is a commonly used element for all employees.  It is on the mezzanine level.  It appears to need to comply with 206.2.8 and 213.


----------



## Jean Tessmer-HI (Jan 19, 2022)

Additionally if goods and services are provided to the public on that Mezzanine ADA will require an elevator or platform lift.
If the space is a public accomodation then it will need to comply with the ADA.


----------

