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IEBC (2015) - Accessibilty w Commentary.pdfDEFINITIONS equipment or fixtures. It is important to note that while the list is quite extensive, the definition does not spe- cifically exclude the terms "manufacturing," "produc- tion" or "process equipment." [A] EXISTING BUILDING. A building erected prior to the date of adoption of the appropriate code, or one for which a legal building permit has been issued. ❖ This term is used to identify those structures or build- ings that were constructed before the current edition of the code was adopted by the jurisdiction. Often erected under the provisions of an earlier edition of the code, the buildings are exempt from compliance with current code provisions unless otherwise stated or a hazardous condition is present, or when alter- ations or changes in building height and areas are made. [A] FACILITY. All or any portion of buildings, structures, site improvements, elements and pedestrian or vehicular routes located on a site. 4-This term is intentionally broad and includes all por- tions within a site and all aspects of that site contain- ing features required to be accessible. This includes parking areas, exterior walkways leading to accessi- ble features, recreational facilities such as play- grounds and picnic areas and any structures on the site (see also the commentary to the definition of "Site" in the IBC). [BS] FLOOD HAZARD AREA. The greater of the follow- ing two areas: 1. The area within a flood plain subject to a 1-percent or greater chance of flooding in any year. 2. The area designated as a flood hazard area on a com- munity's flood hazard map, or otherwise legally desig- nated. 4-The Federal Emergency Management Agency (FEMA) prepares Flood Insurance Rate Maps (FIRMs) that delineate the land area subject to inun- dation by the 1-percent annual chance flood. Some states and local jurisdictions develop and adopt maps of flood hazard areas that are more extensive than the areas shown on FEMA's maps. For the purpose of the code, the flood hazard area in which the requirements are to be applied is the greater of the two delineated areas. [A] HISTORIC BUILDING. Any building or structure that is one or more of the following: 1. Listed, or certified as eligible for listing, by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places, in the National Register of Historic Places. 2. Designated as historic under an applicable state or local law. 3. Certified as a contributing resource within a National Register, state designated or locally designated historic district. 4-This definition specifies the criteria for consideration as a historic building. Chapter 11 contains the provi- sions for buildings that qualify as historic buildings. LOAD -BEARING ELEMENT. Any column, girder, beam, joist, truss, rafter, wall, floor or roof sheathing that supports any vertical load in addition to its own weight or any lateral load. -*.-This term relates to all of the load -bearing elements in a structure. It is important to identify all such load - bearing elements to ensure that they can continue to accomplish their designed function of being able to transfer any vertical load, any lateral load and their own weight effectively to the earth. NONCOMBUSTIBLE MATERIAL. A material that, under the conditions anticipated, will not ignite or burn when sub- jected to fire or heat. Materials that pass ASTM E 136 are considered noncombustible materials. ❖ A material that will not ignite or burn when subjected to fire or heat or that successfully passes the ASTM E136 test is considered to be noncombustible. The test deter- mines whether a building material will act to aid com- bustion or add appreciable heat to a fire. A material may have a limited amount of combustible content but not contribute appreciably to a fire; thus, it may still qualify as noncombustible. PRIMARY FUNCTION. A primary function is a major activity for which the facility is intended. Areas that contain a primary function include, but are not limited to, the customer services lobby of a bank, the dining area of a cafeteria, the meeting rooms in a conference center, as well as offices and other work areas in which the activities of the public accom- modation or other private entity using the facility are carried out. Mechanical rooms, boiler rooms, supply storage rooms, employee lounges or locker rooms, janitorial closets, entrances, corridors and restrooms are not areas containing a primary function. ❖ Primary function areas contain the major activities for the building or space. Determination of what consti- tutes a primary function space can be somewhat sub- jective. There can be multiple areas containing a primary function in a single building. Primary function areas are not limited to public use areas. For exam- ple, both a bank lobby and the bank's employee areas, such as the teller areas and walk-in safe, are primary function areas. Areas that are not primary function spaces are support and circulation spaces. Determination of the primary function areas for a building will also determine when the route to that area and associated toilet rooms and drinking foun- tains must be evaluated for accessibility. If these items are not accessible, additional alternatives may be necessary (see commentary, Section 705.2). 2015 INTERNATIONAL EXISTING BUILDING CODE® COMMENTARY 2-3 tr PRESCRIPTIVE COMPLIANCE METHOD tional Building Code, or Section R322 of the International Residential Code, as applicable: Exception: Historic buildings need not be brought into compliance that are: 1. Listed or preliminarily determined to be eligible for listing in the National Register of Historic Places; 2. Determined by the Secretary of the U.S. Department of Interior as contributing to the historical signifi- cance of a registered historic district or a district pre- liminarily determined to qualify as an historic district; or 3. Designated as historic under a state or local historic preservation program that is approved by the Department of Interior. 4-With respect to provisions applicable to buildings in flood hazard areas, the discretion given in Section 408.1 allowing the code official to waive the require- ments for historic structures extends only to historic structures that meet the specific limitations in the exception to this section. Location in a historic district does not qualify a structure as historic. Care must be taken to ensure that work on such historic structures will not cause them to lose their continued listing or designation. If improvements or repairs cause a structure to lose its listing or designation as a historic building, then the code official must enforce the sub- stantial improvement requirements. Owners of his- toric structures should consider measures to reduce flood damage to the extent practical. For additional guidance, see FEMA P-467-2, Floodplain Manage- ment Bulletin on Historic Structures, and FEMA P- 758. SECTION 409 MOVED STRUCTURES 409.1 Conformance. Structures moved into or within the jurisdiction shall comply with the provisions of the Interna- tional Building Code for new structures. ❖ Moved structures are required to comply with the pro- visions applicable to new construction, which is gen- erally intended to mean the IBC. The moved structure may comply with the alternative provisions of Chapter 14 instead of the code requirements for new struc- tures, which may be particularly useful if the moved structure is older than the effective date of the adop- tion of the building codes in the jurisdiction. The fire separation distance of the moved structure must comply with requirements for new structures even if the compliance alternative provisions of Chapter 14 are used to meet the code requirements. SECTION 410 ACCESSIBILITY FOR EXISTING BUILDINGS 410.1 Scope. The provisions of Sections 410.1 through 410.9 apply to maintenance, change of occupancy, additions and alterations to existing buildings, including those identified as historic buildings. 4-The purpose of Section 410 is to establish minimum criteria for accessibility when dealing with existing buildings and facilities. The history and efforts involved are similar to those discussed in the com- mentary for IBC Chapter 11. Access to buildings and structures for people with physical disabilities has been a subject that the building codes have regulated since the early 1970s. They have consistently relied on a consensus national standard, ICC A117.1, Accessible and Useable Buildings and Facilities. Accessibility is not a new subject to the construction regulatory community. There has been a great deal of emphasis and awareness placed on the subject of accessibility through the passage of two federal laws. The Americans with Disabilities Act (ADA) and the Fair Housing Amendment Act (FHA) are federal regu- lations that affect building construction as it relates to accessibility. The International Code Council° (ICCO) recog- nizes the value of consistency between federal laws and the codes. Efforts for coordination with federal accessibility requirements are ongoing. Representa- tives from interested accessibility groups, the Depart- ment of Housing and Urban Development (HUD) and the Architectural and Transportation Barriers Compli- ance Board (ATBCB, commonly referred to as the Access Board), have been attending and participating in the code change process for the IBC and ICC A117.1. In addition, the ICC has participated in the public comment process on the development of fed- eral regulations for accessibility. Appendix B includes information found in the Americans with Disabilities Act Accessibility Guidelines (ADAAG) that cannot be enforced through the typical code enforcement pro- cess, but would provide beneficial information for the designer/owner for full compliance purposes. The ICC has worked toward, and will continue to strive for, accessibility regulations that reflect the highest possible degree of consistency with federal regula- tions and, more importantly, reasonable and appro- priate provisions to meet the needs of people with disabilities. Buildings undergoing alterations are generally expected to fully comply with the accessibility provi- sions. However, exceptions are then provided to indi- cate the conditions und*r which less than full accessibility is permitted. For example, if a door and frame are removed and replaced, the door must meet the requirements for width, height, maneuvering clearances and hard- ware. If just the doorknob is being removed, it must be replaced with lever hardware. If the area undergoing alteration does not contain a primary function, there are no additional require- ments; however, if the area contains a primary func- tion, there is an additional criterion that may require work not in the original scope to achieve accessibility. This additional criterion is to provide an accessible 2015 INTERNATIONAL EXISTING BUILDING CODE® COMMENTARY 4-17 PRESCRIPTIVE COMPLIANCE METHOD route to the altered area, including any toilets and drinking fountains that serve it. Requirements for an accessible route might specify that the door previ- ously discussed be removed and replaced because it did not have adequate width or maneuvering clear- ances. The principle behind this approach to upgrading existing buildings is that they will become more accessible over time. A valid time to work toward that goal is when a structure is being altered. Special con- siderations are offe(bd because of the difficulty involved in dealing with existing facilities that may not have been built with accessibility for physically dis- abled persons in mind. For example, when a histori- cally registered home is being made into a museum, if changing the front door to allow for wheelchair access would alter the historical significance, alterna- tives are offered in Section 410.9. Other examples include the alternatives offered in Section 410.7 if it is technically infeasible to provide full accessibility in an existing building. Please note that the term "techni- cally infeasible" refers to either movement of a major structural element or other physical constraints. For example, a ramp to provide entrance or exit from a particular door may not be possible because of prop- erty lines or setback constraints. 410.2 Maintenance of facilities. A facility that is constructed or altered to be accessible shall be maintained accessible during occupancy. ❖ Continued compliance with the accessibility require- ments of the code is dependent on maintenance of such facilities throughout the life of the building. For example, drinking fountains that are required to be accessible are of little value if they malfunction through deterioration or failure of any of the working parts. In other cases, inoperable elevators, locked accessible doors and obstructed accessible routes must be maintained such that they are readily usable by individuals with disabilities. 410.3 Extent of application. An alteration of an existing facility shall not impose a requirement for greater accessibil- ity than that which would be required for new construction. Alterations shall not reduce or have the effect of reducing accessibility of a facility or portion of a facility. The purpose of this section is to clarify where alter- ations and scoping for alteration requirements apply. The requirements in Sections 410.6 and 410.7 do not impose a higher level of accessibility than the level required in new construction. At the same time, alter- ations cannot result in a lesser degree of accessibility than existed before the alterations were undertaken. 410.4 Change of occupancy. Existing buildings that undergo a change of group or occupancy shall comply with this sec- tion. Exception: Type B dwelling or sleeping units required by Section 1107 of the International Building Code are not required to be provided in existing buildings and facilities undergoing a change of occupancy in conjunction with alterations where the work area is 50 percent or less of the aggregate area of the building. ❖ When an entire building undergoes a change of occu- pancy, the building must comply with the provisions in Section 410.4.2. If a portion of a building undergoes a change of occupancy, such as when there is a tenant change or a partial renovation where a space changes function, then the level of accessibility is addressed in Section 410.4.1. The exception notes where Type B dwelling and sleeping units would not need to be included where there is a change of occupancy to a Group I or R building (see Section 1107 of the IBC). Where the change of occupancy does not involve extensive alterations (exceeding 50 percent of the square foot- age of the building), then Type B accessibility require- ments would not need to be provided in the new or altered dwelling or sleeping units. This exception is similar to what is also found in the code for alterations where less than a Level 3 alteration occurs. A Level 3 alteration is greater than 50 percent of the square footage of the building. This, therefore, decreases the burden on many smaller projects. Type B dwelling units should be provided in larger alterations because, where major alterations are being per- formed, there is a prime opportunity to have those buildings move toward being able to serve a wider range of the population. With the population of the United States aging, there will be a steadily increas- ing demand for units that include accessibility fea- tures. See the commentary to Section 410.4.2, Section 410.6, Exception 4, and Section 410.8.8 for additional information. 410.4.1 Partial change in occupancy. Where a portion of the building is changed to a new occupancy classification, any alterations shall comply with Sections 410.6, 410.7 and 410.8. 4-When a building undergoes a partial change of occu- pancy, such as where there is a tenant change or a change in function of a specific area, then the level of accessibility provided must achieve the same level as if that space were undergoing an alteration. Basically, the intent is that any spaces or elements being altered will meet new accessibility provisions unless technically infeasible (see Section 410.6). If the area changing occupancy is a primary function of the space, an evaluation of the accessible route, as well as bathrooms and drinking fountains serving this space, must be made. If these elements are not accessible, improvements must be made. However, there is a limit to the cost of the additional improve- ments to a maximum of 20 percent of the cost of the alteration (see Section 410.7). The reference to Sec- tion 410.8 provides for additional allowances because the designer/owner is still dealing with existing build- ing constraints. For example, the accessible route could be provided by a platform lift (see Section 410.8.3), while in new construction, this option is lim- ited (see IBC Sections 1009.5 and 1109.8). 4-18 2015 INTERNATIONAL EXISTING BUILDING CODE® COMMENTARY PRESCRIPTIVE COMPLIANCE METHOD 410.4.2 Complete change of occupancy. Where an entire building undergoes a change of occupancy, it shall comply with Section 410.4.1 and shall have all of the following accessible features: 1. At least one accessible building entrance. 2. At least one accessible route from an accessible build- ing entrance to primary function areas. 3. Signage complying with Section 1111 of the Interna- tional Building Code. 4. Accessible parking, where parking is being provided. 5. At least one accessible passenger loading zone, when loading zones are provided. 6. At least one accessible route connecting accessible parking and accessible passenger loading zones to an accessible entrance. Where it is technically infeasible to comply with the new construction standards for any of these requirements for a change of group or occupancy, the above items shall conform to the requirements to the maximum extent technically feasi- ble. Exception: The accessible features listed in Items 1 through 6 are not required for an accessible route to Type B units. ❖ For a project that involves a complete change of occupancy with alterations, full compliance with accessibility requirements is expected and reason- able for areas being altered, except where technical infeasibility can be demonstrated. If full compliance is technically infeasible, the element must be made accessible to the fullest extent that is feasible. This is consistent with the general approach that has always been taken relative to other matters regulated by the code. In addition to accessibility requirements in the space, an accessible route is required to that space. Six items that make up that accessible route are listed. This section establishes that when an existing building undergoes a complete change of occupancy, compliance with those requirements, at minimum, is expected. That way, a person with mobility impair- ments would be able to arrive at the building (see Items 4 and 5), get to the accessible entrance (see Items 1, 3 and 6) and have at least one accessible route throughout the building to all the primary func- tion areas (see Item 2). Changes between levels could be via a ramp (see Section 410.8.5), an eleva- tor (see Section 410.8.2) or a platform lift (see Sec- tion 410.8.3). If the altered area would not be required to be served by an accessible route in new construction, an accessible route would not be required for a change of occupancy (see Section 410.3). If the area undergoing a change of occupancy is being altered and contains a primary function area, the accessible route provisions in Section 410.7 are also applicable. This would not only require an acces- sible route to the change of occupancy area, but would also include possible upgrades to toilet rooms and drinking fountains that serve the area. These ele- ments could use the 20-percent cap on cost offered in Section 410.7, Exception 1. If full compliance is technically infeasible, the element must be made accessible to the fullest extent that is feasible. See the commentary to Section 410.7 for additional infor- mation on the exceptions. Typically, a building undergoing a complete change of occupancy is being, at least partially, gutted and undergoing alterations because of changes in func- tion, possibly caused by increased occupant load, means of egress requirements, sprinkler require- ments, or mechanical and plumbing changes. The intent is to create a balance between the change of occupancy meeting all new construction require- ments for accessibility and the fact that the designer/ owner is dealing with some existing building condi- tions. This is not based on any specific provisions of the ADAAG, but parallels the intent of the requirements for the removal of barriers. If the change of occupancy results in a Type B dwelling unit being provided, the exception permits the building to be exempt from providing the addi- tional accessible route requirements listed in this sec- tion. This allowance addresses concerns of site impracticality for existing structures. This also rein- forces the intent that the inclusion of Type B units is not meant to require elevators when alterations are performed on upper floors in nonelevator buildings (see the exceptions to Section 1107.7). These areas would have been exempted if built new under the FHA and IBC, and should continue to be exempted. 410.5 Additions. Provisions for new construction shall apply to additions. An addition that affects the accessibility to, or contains an area of, a primary function shall comply with the requirements in Section 410.7. 4-Additions must comply with new construction. An addition, however, is also an alteration to an existing building; therefore, accessible route provisions for existing buildings are applicable (see commentary, Section 410.6). For example, a new dining area is added in a restaurant. All accessible elements within the parameter of the addition must be constructed to be accessible. If the route ib or from the addition, or the bathrooms or drinking fountains that serve the addition, are in the existing building, the routes must be evaluated for accessibility. Section 410.7 specifies that the accessible route would include the route to these elements, the toilet rooms themselves, the fix- tures in the toilet room and the drinking fountains. 410.6 Alterations. A facility that is altered shall comply with the applicable provisions in Chapter 11 of the International Building Code, unless technically infeasible. Where compli- 2015 INTERNATIONAL EXISTING BUILDING CODE® COMMENTARY 4-19 PRESCRIPTIVE COMPLIANCE METHOD ance with this section is technically infeasible, the alteration shall provide access to the maximum extent technically feasi- ble. Exceptions: 1. The altered element or space is not required to be on an accessible route, unless required by Section 410.7. 2. Accessible means of egress required by Chapter 10 of the International Building Code are not required to be provided in existing facilities. 3. The alteration to Type A individually owned dwell- ing units within a Group R-2 occupancy shall be permitted to meet the provision for a Type B dwell- ing unit. 4. Type B dwelling or sleeping units required by Sec- tion 1107 of the International Building Code are not required to be provided in existing buildings and facilities undergoing a change of occupancy in con- junction with alterations where the work area is 50 percent or less of the aggregate area of the building. 4-The code approaches the application of accessibility provisions to a facility that is altered by broadly requiring full conformance to new construction, meaning full accessibility is expected. Exceptions are then provided to indicate the conditions under which less than full accessibility is permitted. The circumstance under which full compliance with accessibility provisions is not required is when it is deemed to be technically infeasible (see the com- mentary for the definition of "Technically infeasible" in Section 202). This is considered reasonable since, if not provided for, plans for alterations may be other- wise abandoned by the building owner. The opportu- nity to upgrade and increase the current level of accessibility in an existing building would then be lost. This concern is also embodied in the requirement that an altered element or space is expected to be made accessible to the extent to which it is technically fea- sible to do so. In this manner, the code accomplishes the greatest degree of accessibility while recognizing the justifiable difficulties that may be involved in pro- viding full accessibility. Alterations are not required to exceed new construction requirements (see Section 410.3). In accordance with Exception 1, if the area under- going alteration does not contain a primary function (see Section 410.7), there are no additional require- ments past the original scope of the project. However, if the area contains a primary function, there are addi- tional criteria to achieve accessibility that may require work not in the original scope of the project. The addi- tional criteria are to provide an accessible route to the altered area, as well as improvements to any toilets and drinking fountains that serve the altered area. Exception 2 indicates that accessible means of egress are not required as a result of undertaking alterations to existing buildings. Strict compliance with IBC Section 1009 is often technically infeasible. The requirement for a 48-inch (1219 mm) clear width between handrails would require many stairways to be widened. This often would entail movement of major structural elements in order to accomplish this alteration. Exception 3 addresses the specific circumstances where an existing Type A dwelling unit is being altered. While Section 410.2 says that a level of accessibility must be maintained, in the situations where a Type A dwelling unit is "individually owned," such as a condominium, then it only needs to meet the technical requirements for a Type B dwelling unit (see ICC Al17.1, Section 1004) when it is altered or remodeled by the owner. Type B units require a lesser level of accessibility than Type A units. For example, if an owner wanted to alter the bathroom in his or her unit, he or she would only be required to meet the lesser accessibility requirements of a Type B unit with the new construction. This exception would not be applicable to units that are for rent. Exception 4 allows some partial building alterations in Group I and R structures to occur without providing Type B dwelling units and sleeping units (see Section 1107). Where the alteration does not exceed 50 per- cent of the square footage of the building, then Type B accessibility requirements would not need to be provided in the dwelling or sleeping units being altered (see Sections 410.8.6 and 410.8.7 for alter- ations where Accessible units and Type A units are required). This exception is similar to what is also found in the code for change of occupancy where less than a Level 3 alteration is occurring. A Level 3 alteration is greater than 50 percent of the square footage of the building. This decreases the burden on many smaller projects. Type B dwelling units must be provided in larger alterations. Where major alterations are being per- formed, there is a prime opportunity to have those buildings move toward being able to serve a wider range of the population. With the population of the United States aging, there will be a steadily increas- ing demand for units that include accessibility fea- tures. In addition, while the Fair Housing Act (FHA) is only applicable to new construction, this law was enacted in 1991. Some buildings constructed after that time may not be in compliance with the FHA. When a major alteration/renovation is occurring, there is an opportunity to bring those buildings into compliance. See the commentary to Sections 410.4.2 (the exception), 410.8.6, 410.8.7 and 410.8.8 for additional information. 4-20 2015 INTERNATIONAL EXISTING BUILDING CODE® COMMENTARY I PRESCRIPTIVE COMPLIANCE METHOD 410.7 Alterations affecting an area containing a primary function. Where an alteration affects the accessibility to, or contains an area of primary function, the route to the primary function area shall be accessible. The accessible route to the primaryfunction area shall include toilet facilities and drink- ing fountains serving the area of primary function. Exceptions: 1. The costs of providing the accessible route are not required to exceed 20 percent of the costs of the alterations affecting the area of primary function. 2. This provision does not apply to alterations limited solely to windows, hardware, operating controls, electrical outlets and signs. 3. This provision does not apply to alterations limited solely to mechanical systems, electrical systems, installation or alteration of fire protection systems and abatement of hazardous materials. 4. This provision does not apply to alterations under- taken for the primary purpose of increasing the accessibility of a facility. 5. This provision does not apply to altered areas lim- ited to Type B dwelling and sleeping units. -*.-An area containing a primary function is one in which a major activity for which the building or facility is intended is carried out (see the definition of "Primary function" in Section 202). For example, the lobby of a hotel in which the registration and check-out desk is located would be a primary function area. Other examples would be the dining area of a restaurant, the meeting rooms or exhibition halls in a conference center, virtually all office and work areas in a busi- ness building, and retail display areas in a mercantile occupancy. The key concept is that a primary func- tion area is one that contains a major activity of the facility. Areas that contain activities not related to the main purpose of the facility would not be considered a primary function area. For example, a mechanical equipment room, storage closet, toilet facilities, corri- dors, lounges and locker rooms would not be consid- ered primary function areas. With this background, it is clear that areas containing a primary function are clearly more critical in terms of the purpose for which people enter and use the facility; therefore, this sec- tion reflects that when such areas are altered or added, it is important to require that an accessible route to the primary function area be provided. When an accessible route to a primary function area is required by this section, an accessible route to such facilities, including any restrooms and drinking foun- tains serving the primary function area, must also be made accessible, even though such facilities and areas may not by themselves be considered primary function areas. This is not just the route to the bath- rooms and drinking fountains; the bathrooms and drinking fountains themselves must also be improved when not accessible. There are conditions under which it may not be reasonable to strictly enforce this requirement for an accessible route to an altered or added primary func- tion area. Exception 1 approaches this by utilizing the cost of the alterations or addition as a basis for deter- mining if providing a complete accessible route is rea- sonable. The requirement for a complete accessible route does not apply when the cost of providing it exceeds 20 percent of the cost of the alterations or addition to the primary function area. These costs are intended to be based on the actual costs of the planned alterations or addition to the primary function area before consideration of the cost of_providing an accessible route. For example, if the planned alter-' ations will cost $100,000, not including the cost of an ,accessible route to a primary function area, this exception would apply if the additional cost of provid- , ing the accessible route would exceed $20,000. It is not the intent to exempt all requirements for accessibility when the total cost for providing the 'accessible route exceeds the 20-percent threshold. Improvements to the accessible route are required to ithe extent that costs do not exceed 20 percent of the cost to the planned alteration or addition. It is not ,required that the full 20 percent be spent. If the accessible route (including accessible bathrooms and drinking fountains) is already provided, no additional expenditure is required. Note that there is not a prior- iity-Iis—given for —where money s Il wind—e spy -on improving the accessible route. The logical progres- sion is access to the site, accessible exterior routes to accessible entrances, access throughout the facil- ity, access to services in the facility, toilet and bathing rooms and, finally, drinking fountains. Evaluation on how and where the money available should best be spent must be made on a case -by -case basis. For example, if an accessible route is not available to an upper level, and the cost of an elevator is more than 20 percent of the cost of the renovation, then other alternatives could be investigated, such as a platform lift or limited access elevator, or adding the elevator pit and shaft at this time, with elevator equipment added later. If all such items are in excess of the 20- percent limit, perhaps the money available could be spent toward making the toilet rooms accessible. The idea is that existing buildings would become fully accessible over time. Exceptions 2 and 3 identify certain alterations that are not intended to trigger the requirement for provid- ing an accessible route to a primary function area. Alterations limited to such elements as windows, hardware, operating controls, electrical outlets, sig- nage, mechanical, electrical and fire protection sys- tems, including alterations for the purpose of abating a hazardous materials circumstance, do not affect the usability of a primary function area in the same man- ner as alterations that affect the floor plan or the con- figuration, location or size of rooms or spaces. It is therefore considered unreasonable to require the installation of an accessible route when the scope of alterations is limited to that reflected in these excep- tions. 2015 INTERNATIONAL EXISTING BUILDING CODE® COMMENTARY 4-21 PRESCRIPTIVE COMPLIANCE METHOD Note that the costs for these items are not "backed out" of the total cost for the alteration before applying Exception 1. Exceptions 2 and 3 are alterations lim- ited to the specific items referenced. Exception 4 is intended to avoid penalizing a build- ing owner who is undertaking alterations or additions for the purpose of increasing accessibility. It is appro- priate to encourage owners to make such alterations without requiring them to do more work simply because they chose to increase the accessibility of the space. This could otherwise have the opposite effect of discouraging such alterations to avoid the expense of undertaking more work and expense than was originally planned. For example, federal law (ADA) requires that owners of existing buildings remove certain existing barriers to accessibility. Removal of such barriers may require a permit from the code official. It would be unreasonable to have such activity trigger the mandatory requirement for further alterations to accomplish accessibility beyond the originally planned work. In principle, the code takes the view that some extent of greater accessibil- ity is positive progress and should be encouraged, not penalized. Where the alterations result in Type B dwelling units being provided where none previously existed (Section 410.6, Exception 4), Exception 5 would obvi- ate the need for any additional money to be spent toward providing an accessible route to those Type B dwelling or sleeping units. This is intended to encour- age the creation of such units without penalizing building owners. Similar to Section 410.4.2, this exception is intended to address the concerns of site impracticality for providing accessible routes to and into existing buildings providing Type B dwelling units. This also reinforces the intent that the inclusion of Type B units is not meant to require elevators when alterations are performed on upper floors in nonele- vator buildings (see exceptions to Section 1107.7). These areas would have been exempted if built new under the FHA and IBC, and should continue to be exempted. 410.8 Scoping for alterations. The provisions of Sections 410.8.1 through 410.8.14 shall apply to alterations to existing buildings and facilities. 4-The specific provisions of this section are intended to reflect conditions under which less than full accessi- bility, as would be required in new construction, is permitted in altered areas. As previously discussed, Section 410.6 requires alterations to comply with the full range of accessibility -related provisions of the code for new construction. This section reflects a rea- sonable set of conditions under which a different level of accessibility can be provided. Sections 410.8.1 through 410.8.14 are part of the code's coordination effort with ICC Al 17.1 and the recommendations for the ADAAG Review Federal Advisory Committee. 410.8.1 Entrances. Accessible entrances shall be provided in accordance with Section 1105. Exception: Where an alteration includes alterations to an entrance, and the facility has an accessible entrance, the altered entrance is not required to be accessible, unless required by Section 410.7. Signs complying with Section 1111 of the International Building Code shall be provided. ❖ This provision is contained here to point to the acces- sibility provisions of IBC Chapter 11 for entrances. A facility is not accessible if the entrances into it are inaccessible. IBC Section 1105 establishes reason- able criteria for providing accessible entrances. A facility is not required to have all of its entrances accessible in order to provide reasonable accommo- dation to disabled persons. If a facility has multiple public entrances, it is not considered unreasonable to require at least 60 percent of the entrances to be accessible. In addition to the 60-percent accessible public entrances requirement, entrances that have a specific function or provide access to only certain por- tions of the facility must be addressed. If the building already has the accessible entrances required by IBC Section 1105, an entrance that is being altered is not required to be made accessible; however, if the entrance was required to be made accessible as part of the route to the altered primary function area, the exception would not apply. If entrances are not accessible, appropriate signage marking such entrances and directing persons with disabilities to the nearest accessible entrance is required. 410.8.2 Elevators. Altered elements of existing elevators shall comply with ASME A17.1 and ICC A117.1. Such ele- ments shall also be altered in elevators programmed to respond to the same hall call control as the altered elevator. ❖ Requirements for new construction state that all ele- vators on an accessible route must be fully accessi- ble in accordance with ICC Al17.1. If a passenger elevator is altered, the altered element must be accessible in accordance with the requirements for existing elevators in Section 407 of ICC Al 17.1. If the altered elevator is part of a bank of elevators, the same element must be made accessible in every ele- vator that is part of that bank. The purpose of this requirement is to have consistency among elevators in a bank so that disabled people are not required to wait for a specific elevator when the general popula- tion can take the first available elevator. ICC Al 17.1 also provides accessibility requirements for limited use/limited access (LULA) elevators (ICC A117.1, Section 408) and private residence elevators (ICC Al 17.1, Section 409). While these types of elevators can serve as part of an accessible route, their use is limited by ASME Al7.1. 4-22 2015 INTERNATIONAL EXISTING BUILDING CODE® COMMENTARY 1 PRESCRIPTIVE COMPLIANCE METHOD 410.8.3 Platform lifts. Platform (wheelchair) lifts complying with ICC A117.1 and installed in accordance with ASME A18.1 shall be permitted as a component of an accessible route. 4-This section provides for the use of platform (wheel- chair) lifts in existing buildings. In order to create an accessible route where there are changes in floor lev- els, the provisions for new construction would most often require the installation of an elevator or ramp. Platform lifts are allowed in new construction for lim- ited conditions (see IBC Section 1109.8). If the space in an existing building precludes the installation of an elevator or ramp, a platform lift may be the only prac- tical solution. Given the choice between no accessi- bility or accessibility by a platform lift, accessibility is preferable. Previously, platform lift requirements were addressed in the elevator standard, ASME Al7.1, but they are now addressed in their own standard, ASME Al8.1. One of the many changes was the removal of the requirement for key operation, which previously discouraged independent utilization of platform lifts. Note that, in accordance with IBC Section 1009.5, platform lifts are also permitted for an accessible means of egress; however, accessible means of egress are not required in existing buildings undergo- ing alterations in accordance with IBC Section 410.6, Exception 2. A chair lift is not acceptable as part of an accessi- ble route in either new or existing construction. For examples of the difference between a chair lift and a platform lift, see the commentary to Section 1109.8 of the IBC. 410.8.4 Stairways and escalators in existing buildings. In alterations, change of occupancy or additions where an esca- lator or stairway is added where none existed previously and major structural modifications are necessary for installation, an accessible route shall be provided between the levels served by the escalator or stairways in accordance with Sec- tion 1104.4 of the International Building Code. ❖ If a stairway or escalator is added as part of an alter- ation in a location where one did not previously exist, the alteration must also include an accessible route between the same two levels. Where major structural modifications are required to install the stairway, there is no longer the argument that it is technically infeasible to add the accessible route to the other level. If an accessible route is already available between the two levels, or if the stairway or escalator is replacing an existing stairway or escalator, this requirement is not applicable. In conjunction with Section 410.3, if the requirement for the accessible route would be in excess of what is required for new construction, such as an accessible route to an area that was exempted by IBC Section 1103.2, 1104.4, 1107 or 1108, this requirement is not applicable. The intent is that if a route is provided between accessible levels for a nondisabled person to use, it is reason- able to also expect an accessible route. 410.8.5 Ramps. Where slopes steeper than allowed by Sec- tion 1012.2 of the International Building Code are necessi- tated by space limitations, the slope of ramps in or providing access to existing facilities shall comply with Table 410.8.5. 4-This section recognizes the circumstances where, due to existing site or configuration constraints, a ramp with a slope of one unit vertical in 12 units hori- zontal (1:12) may not be feasible. A steeper slope is allowed where the elevation change does not exceed 6 inches (152 mm). Further ramp requirements, such as width, landings, etc., are set forth in IBC Section 1012. TABLE 410.8.5 RAMPS SLOPE MAXIMUM RISE Steeper than 1:10 but not steeper than 1:8 3 inches Steeper than 1:12 but not steeper than 1:10 6 inches For SI: I inch = 25.4 mm. ❖ In existing buildings, ramps that rise 3 inches (76 mm) or less may have a slope as steep as one unit vertical in eight units horizontal (1:8). In existing build- ings, ramps that rise 6 inches (152 mm) or less may have a slope as steep as one unit vertical in 10 units horizontal (1:10). If it is possible to provide a lesser slope, it is desirable to do so. These steeper slopes should only be utilized when the one unit vertical in 12 units horizontal (1:12) slope is not possible. 410.8.6 Accessible dwelling or sleeping units. Where Group I-1, 1-2, I-3, R-1, R-2 or R-4 dwelling or sleeping units are being altered or added, the requirements of Section 1107 of the International Building Code for Accessible units apply only to the quantity of spaces being altered or added. 4-This section sets forth the rate for providing Accessi- ble dwelling or sleeping units in Groups 1-1, 1-2, 1-3, R-1, R-2 and R-4 where such facilities are altered or where units are added. Assuming that Accessible units are not already provided, the number of Acces- sible units to be incorporated into each alteration is based on the number being altered or added. For example, if a nursing home was being altered a por- tion at a time, 50 percent of the units being altered each time would be required to be fully wheelchair accessible. It is not the intent that all units being altered are required to be Accessible units until 50 percent of the units in the entire facility are Accessi- ble. The total number of Ac essible units in the facility is not required to exceed Mat required for new con- struction. It is unreasonable to require a greater level of accessibility in an existing building than is required in new construction. 410.8.7 Type A dwelling or sleeping units. Where more than 20 Group R-2 dwelling or sleeping units are being altered or added, the requirements of Section 1107 of the International Building Code for Type A units apply only to the quantity of the spaces being altered or added. Type A units are required in new construction where 20 or more apartments (including condominium style) are constructed on a site. Group R-2 requirements for 2015 INTERNATIONAL EXISTING BUILDING CODE® COMMENTARY 4-23 PRESCRIPTIVE COMPLIANCE METHOD Type A units would also include convents and mon- asteries and could include some townhouse -style units (see the commentary to IBC Section 1107.6.2.2.1 for additional information). Note that this requirement is applicable when 20 or more units are included in the construction project; not when an individual owner performs alterations to his or her condo when there are 20 or more units in the building. This section sets forth the rate for pro- viding Type A dwelling or sleeping units in Group R-2 facilities in an addition%vhere there is a change to the function of a space (i.e., a change of occupancy, such as creating apartments in an old warehouse, increasing the number of apartments by changing a storage area to apartment units or reconfiguring larger units into smaller units) or an alteration. Assuming that Type A units are not already provided, the number of Type A units required is based on the number being added or altered. For example, if a story was being added to an apartment building or a story in an apartment building was being altered, the number of Type A units required would be based on the number of units in the new story or the area being altered, not the number of units in the entire building. If Type A units are provided, the total number of Type A units in the facility is not required to exceed that required for new construction, as indicated in Section 410.3. It is unreasonable to require a greater level of accessibility in an existing building than is required in new construction. 410.8.8 Type B dwelling or sleeping units. Where four or more Group I-1, I-2, R-1, R-2, R-3 or R-4 dwelling or sleep- ing units are being added, the requirements of Section 1107 of the International Building Code for Type B units apply only to the quantity of the spaces being added. Where Group I-1, 1-2, R-1, R-2, R-3 or R-4 dwelling or sleeping units are being altered and where the work area is greater than 50 per- cent of the aggregate area of the building, the requirements of Section 1107 of the International Building Code for Type B units apply only to the quantity of the spaces being altered. ❖ In new construction, Type B units are required where four or more dwelling units or sleeping units are con- structed together and those units are "intended to be occupied as a residence" (see commentary, IBC Sec- tion 1107). The IRC references IBC Group R-3 for accessibility requirements for IRC units (see the defi- nition of "Townhouse" and IRC Section R320.1). This section sets forth the rate for providing Type B dwelling or sleeping units in Group 1-1, 1-2, R-1, R- 2, R-3 or R-4 facilities. Type B units are required where more than four units are added in an addition or where major alterations are occurring that affect more the 50 percent of the area of the building. The Type B units in the facility are not required to exceed that required for new construction, as indicated in Section 410.3 and IBC Section 1107.7. It is unrea- sonable to require a greater level of accessibility in an existing building than is required in new construction. In consideration of existing site constraints, Sections 410.4.2 and 410.7 also include exceptions for the additional accessible route requirements in structures where Type B units are added as part of an alteration or change of occupancy. Note that this exception is not applicable to additions where Type B units are required. 410.8.9 Jury boxes and witness stands. In alterations, accessible wheelchair spaces are not required to be located within the defined area of raised jury boxes or witness stands and shall be permitted to be located outside these spaces where the ramp or lift access restricts or projects into the means of egress. ❖ This exception for jury boxes and witness stands is consistent with Sections 231 and 808 of the 2010 ADA Standards for Accessible Design. The intent is that if ramp access to a jury box or witness stand would have the ramp limiting or blocking the means of egress for the general population in the space, alternative locations for potential jurors or witnesses are viable. The same alternative is available if a plat- form lift would effectively be an obstruction for the general means of egress from the courtroom. 410.8.10 Toilet rooms. Where it is technically infeasible to alter existing toilet and bathing rooms to be accessible, an accessible family or assisted -use toilet or bathing room con- structed in accordance with Section 1109.2.1 of the Interna- tional Building Code is permitted. The family or assisted -use toilet or bathing room shall be located on the same floor and in the same area as the existing toilet or bathing rooms. At the inaccessible toilet and bathing rooms, provide directional signs indicating the location of the nearest family or assisted - use toilet room or bathing room. These directional signs shall include the International Symbol of Accessibility and sign characters shall meet the visual character requirements in accordance with ICC A117.1. 4-This section deals with circumstances in which it is technically infeasible to alter existing toilet facilities to be accessible. Where new bathrooms are created in existing buildings or existing bathrooms are part of an alteration, both the men's and women's facilities would be required to be accessible. An alternative solution when it is technically infeasible to alter the existing toilet rooms would be the creation of a single unisex toilet or bathing room containing accessible facilities. The requirements for family or assisted -use toilet facilities in IBC Sections 1109.2.1 through 1109.2.1.7 provide guidance on what is required in such toilet rooms. If this alternative is selected, the room must be located on the same floor and in the same area as the existing toilet or bathroom. This is the best alternative to providing fully complying sepa- rate men's and women's facilities. One might argue that it is technically infeasible to accomplish either of these alternatives, since the alternative to altering existing facilities involves creation of an additional toi- let or bathroom that was not otherwise contemplated. This would not be a persuasive argument, since there is likely to be space available somewhere in the facil- ity to commit for use as a toilet or bathroom. In any case, the intent is that some form of an accessible toi- 4-24 2015 INTERNATIONAL EXISTING BUILDING CODE® COMMENTARY T PRESCRIPTIVE COMPLIANCE METHOD let room or bathing facility is necessary and must be provided. It should be noted that this alternative is not offered as a choice between making the existing sep- arate -sex toilet rooms accessible or providing a fam- ily or assisted -use accessible toilet room. The existing separate -sex toilet rooms must be altered when it is technically feasible. Consideration of this alternative is only available when altering the existing toilet rooms is technically infeasible (see the defini- tion of "Technically infeasible" in Section 202). Signage must be provided at the inaccessible toilet rooms in accordance with IBC Sections 1110.1 and 1110.2 to notify disabled persons where a facility is not accessible and direct them to the nearest acces- sible facilities. 410.8.11 Dressing, fitting and locker rooms. Where it is technically infeasible to provide accessible dressing, fitting or locker rooms at the same location as similar types of rooms, one accessible room on the same level shall be provided. Where separate -sex facilities are provided, accessible rooms for each sex shall be provided. Separate -sex facilities are not required where only unisex rooms are provided. -*.-This section takes a similar approach for dressing rooms as provided for in Section 410.8.10 for toilet rooms and bathing facilities. If it is technically infeasi- ble to alter existing dressing rooms to be accessible, then space elsewhere on the level -must be commit- ted to providing no less than one accessible dressing room. In this case, if the existing dressing rooms pro- vide separate rooms for each sex, then no less than one accessible dressing room for each sex must be provided. 410.8.12 Fuel dispensers. Operable parts of replacement fuel dispensers shall be permitted to be 54 inches (1370 mm) maximum, measuring from the surface of the vehicular way where fuel dispensers are installed on existing curbs. 4-The requirements for new fuel dispensers (i.e., gas pumps) can be found in Section 1109.14 of the IBC. Basically, the idea is that the controls must be within the reach ranges for someone standing on the park- ing lot surface. However, many existing facilities have gas pumps located on raised islands as a feature for protection of the pumps from accidental contact. This section would allow the new gas pump with the reach range of 15 inches (380 mm) to 48 inches (1220 mm) to be located on top of a 6-inch (150 mm) curb and still meet the maximum reach of 54 inches (1370 mm). 410.8.13 Thresholds. The maximum height of thresholds at doorways shall be 3/4 inch (19.1 mm). Such thresholds shall have beveled edges on each side. ❖ Thresholds at doorways may be 3/4 inch (19.1 mm) maximum in existing buildings. In new construction, a typical threshold is 1/2 inch (12.7 mm) maximum in accordance with the IBC. This section recognizes that such things as differences in floor materials may create changes in elevation greater than that allowed in new construction. Edges of thresholds must be beveled to allow for the passage of a wheelchair. 410.8.14 Amusement rides. Where the structural or opera- tional characteristics of an amusement ride are altered to the extent that the amusement ride's performance differs from that specified by the manufacturer or the original design, the amusement ride shall comply with requirements for new con- struction in Section 1110.4.8 of the International Building Code. ❖ To the extent that amusement rides are subject to the accessibility requirements of IBC Section 1110.4.8, they should be accessible and usable by individuals with disabilities. These scoping provisions are flexi- ble, permitting latitude in terms of the method of access (e.g., transfer seat, roll-on seat or transfer device to lift the rider). Mobile and portable rides are exempted. Rides without seats, designed for children who are assisted onto the ride or controlled by the user are also exempted under IBC Section 1110.4.8.2 from providing wheelchair transfer spaces. Technical criteria can be found in the 2009 ICC A117.1, Section 1102 and includes accessible routes, load and unload areas, wheelchair spaces on rides, seats for transfer, and transfer devices. Recog- nizing the technical issues associated with existing amusement rides, compliance with accessibility requirements is required when the amusement ride is extensively altered. 410.9 Historic buildings. These provisions shall apply to facilities designated as historic structures that undergo alter- ations or a change of occupancy, unless technically infeasi- ble. Where compliance with the requirements for accessible routes, entrances or toilet rooms would threaten or destroy the historic significance of the facility, as determined by the applicable governing authority, the alternative requirements of Sections 410.9.1 through 410.9.4 for that element shall be permitted. Exception: Type B dwelling or sleeping units required by Section 1107 of the International Building Code are not required to be provided in historical buildings. 4-The regulations of individual adopting jurisdictions may provide additional guidance or limitations on the use of this section. Basic ADA requirements permit exceptions and alternatives for historic buildings. These minimum requirements provide reasonable accommodations for building users. For this section to be applicable, the building must be registered as historic. Historic buildings are treated much the same as provided for in Sections 410.4 and 410.6, in that a historic building that is altered or has undergone a change of occupancy is expected to comply with accessibility requirements, unless technical infeasibility can be demonstrated; however, this section also goes on to acknowledge that the historic character of a building may be adversely affected by strict compliance with accessi- bility provisions. For example, compliance with door width requirements may necessitate the removal of 2015 INTERNATIONAL EXISTING BUILDING CODE® COMMENTARY 4-25 PRESCRIPTIVE COMPLIANCE METHOD an existing set of doors that is critical to the historic character of the building. To assist the code official in determining if the required provisions are detrimental to the historic significance, recommended guidelines have been incorporated into Appendix B, Section B101. This section is intended to exempt such conditions in order to maintain the historic character of the build- ing. Because limited extent of accessibility is desired in all facilities, Sections 410.9.1 through 410.9.4 allow for alternatives. In adcltion, there is an exception that would exempt the Type B dwelling or sleeping unit requirements for historical buildings, including when the alteration exceeds 50 percent of the building. This exception is important in that owners will not need to demonstrate that the addition of such units will threaten or destroy the historical character of the building. In an effort to coordinate with the 2010 ADA Stan- dards for Accessible Design requirements, items that cannot be enforced through the typical code enforce- ment process, but are associated with historical build- ings, have been included in Appendix B Section B101.5. 410.9.1 Site arrival points. At least one accessible route from a site arrival point to an accessible entrance shall be pro- vided. ❖ Full compliance would require an accessible route from all site arrival points. If this requirement would adversely affect the historical significance of the building, the alternative available is to provide an accessible route from one site arrival point to an accessible entrance. 410.9.2 Multilevel buildings and facilities. An accessible route from an accessible entrance to public spaces on the level of the accessible entrance shall be provided. ❖ It is not required in building alteration that accessibil- ity to spaces above or below the level of accessible entrance be provided. Full compliance for new con- struction might require an accessible route to levels above or below, as well as throughout, the entrance level. If this requirement would adversely affect the historical significance of the building, the alternative is to provide an accessible route from the accessible entrance to all spaces open to the public on the entrance level. If elevators are provided, but are not accessible, signage in accordance with IBC Section 1110.2 is required. 410.9.3 Entrances. At least one main entrance shall be acces- sible. Exceptions: 1. If a main entrance cannot be made accessible, an accessible nonpublic entrance that is unlocked while the building is occupied shall be provided; or 2. If a main entrance cannot be made accessible, a locked accessible entrance with a notification sys- tem or remote monitoring shall be provided. Signs complying with Section 1111 of the International Building Code shall be provided at the primary entrance and the accessible entrance. ❖Although uniform building access is the rule for new construction, older buildings may have main entrances that are both inaccessible and a significant element of the building's character. In these cases, providing access by an alternative route is deemed to meet the primary intent of the accessibility regula- tions. Full compliance would require 60 percent of the entrances to be accessible. If this requirement would adversely affect the historical significance of the building, only one main entrance is required to be made accessible. If a main entrance cannot be made accessible, then an employee or service entrance may serve as the accessible entrance, provided that it remains unlocked when the building is open. Alter- natively, a locked entrance, where monitoring or a notification system is available, could be provided. Signage must be provided at inaccessible entrances in accordance with IBC Sections 1111.1 and 1111.2. 410.9.4 Toilet and bathing facilities. Where toilet rooms are provided, at least one accessible family or assisted -use toilet room complying with Section 1109.2.1 of the International Building Code shall be provided. ❖ Full compliance would require an accessible toilet/ bathing facility at each location where toilet/bathing facilities are provided. If altering the existing facilities to be accessible would adversely affect the historical significance of the building, only one unisex bathroom that complies with the accessible family or assisted - use toilet/bathing requirements in IBC Section 1109.2.1 is required. Signage must be provided at inaccessible toilet rooms in accordance with IBC Sec- tion 1110.2. Bibliography The following resource materials were used in the preparation of the commentary for this chapter of the code. 24 CFR, Fair Housing Accessibility Guidelines (FHAG). Washington, DC: Department of Housing and Urban Development, 1991. 36 CFR, Parts 1190 and 1191 Final Rule, The Ameri- cans with Disabilities Act (ADA) Accessibility Guide- lines; Architectural Barriers Act (ABA) Accessibility Guidelines. Washington, DC: Architectural and Transportation Barriers Compliance Board, July 23, 2004. E&II 2015 INTERNATIONAL EXISTING BUILDING CODE® COMMENTARY bib PRESCRIPTIVE COMPLIANCE METHOD 42 USC 3601-88, Fair Housing Amendments Act (FHAA). Washington, DC: United States Code, 1988. 2010 ADA Standards for Accessible Design. Washing- ton, DC: Department of Justice, September 15, 2010. ASCE 7-10, Minimum Design Loads for Buildings and Other Structures. American Society of Civil Engi- neers, 2011. DOJ 28 CFR, Part 36-91, Americans with Disabilities Act (ADA). Washington, DC: Department of Justice, 1991. FEMA 311-07, Residential Substantial Damage Estima- tors In Your Community. Washington, DC: Federal Emergency Management Agency, 2007. FEMA P-758, Substantial Improvement/Substantial Damage Desk Reference. Washington, DC: Federal Emergency Management Agency, 2009. NFPA 13-07, Installation of Sprinkler Systems. Quincy, MA: National Fire Protection Association, 2007. 2015 INTERNATIONAL EXISTING BUILDING CODE® COMMENTARY 4-27