Opinion: Existing toilet room accessibility

Inquiry: 96-11

Subject: Existing toilet room accessibility

Code:
1994 UBC Appendix Section 1111.1.2 (yr., title, section)

Submitted By: City of Minneapolis

Approved By: Thomas R. Joachim, State Building Official

Issue Date: October 14, 1996

Question: Two story motel having all required accessible rooms, public amenities and second floor like guestrooms located on first floor. Is an accessible route (via elevator or ramp) required to the second floor of this two-story motel?

Answer:
Although the literal reading would say so, our answer is no. This is based largely on an interpretation received by ICBO which states,

It is not the intent of the UBC to require an accessible route to an inaccessible floor, [of transient type housing] if all of the facilities are provided on the first story and there are no features on the second story which are not common to the first. (text in brackets added by division for context)

Division comments:
When considering UBC Appendix Section 1111.1.2 in regard to existing restroom accessibility, shall restrooms be required to be updated (20% of cost maximum) to five (5) foot wide stall etc. if they met previous state accessibility code?

Code review
The second paragraph requires that when an alteration occurs to an area of primary function, the accessible route to the altered area and the toilet facilities and drinking fountains serving the primary function area be made accessible. Exception 1 says that the money to be spent making these elements accessible need not exceed 20 percent of the costs of the alteration affecting the area of primary function.

If bringing all required portion(s) of the accessible route including toilet rooms and drinking fountains into compliance will exceed 20 percent of the primary function remodeling costs, only that 20 percent need be spent to upgrade those portion(s) the owner or designer chooses.

Answer
If the toilet rooms are the only elements that remain to be made accessible under this code, then the 20 percent must be spent there.

Approved by Building Codes and Standards Access Committee July 18, 1996.

Inquiry:	96-11
Subject:	Existing toilet room accessibility
Code:	1994 UBC Appendix Section 1111.1.2 (yr., title, section)
Submitted By:	City of Minneapolis
Approved By:	Thomas R. Joachim, State Building Official
Issue Date:	October 14, 1996
Question:	Two story motel having all required accessible rooms, public amenities and second floor like guestrooms located on first floor. Is an accessible route (via elevator or ramp) required to the second floor of this two-story motel?
Answer:	Although the literal reading would say so, our answer is no. This is based largely on an interpretation received by ICBO which states, It is not the intent of the UBC to require an accessible route to an inaccessible floor, [of transient type housing] if all of the facilities are provided on the first story and there are no features on the second story which are not common to the first. (text in brackets added by division for context)
Division comments:	When considering UBC Appendix Section 1111.1.2 in regard to existing restroom accessibility, shall restrooms be required to be updated (20% of cost maximum) to five (5) foot wide stall etc. if they met previous state accessibility code?
Code review	The second paragraph requires that when an alteration occurs to an area of primary function, the accessible route to the altered area and the toilet facilities and drinking fountains serving the primary function area be made accessible. Exception 1 says that the money to be spent making these elements accessible need not exceed 20 percent of the costs of the alteration affecting the area of primary function. If bringing all required portion(s) of the accessible route including toilet rooms and drinking fountains into compliance will exceed 20 percent of the primary function remodeling costs, only that 20 percent need be spent to upgrade those portion(s) the owner or designer chooses.
Answer	If the toilet rooms are the only elements that remain to be made accessible under this code, then the 20 percent must be spent there. Approved by Building Codes and Standards Access Committee July 18, 1996.