Pulling a permit? Understanding the value of the ADA required.
California Architects, Civil Engineers as well as Certified Access Specialists (CASp) have been enforcing the 2013 California Building Code since January of 2014.
Even though the current CBC has been out and enforceable for over a year, it seems that many design professionals as well as local Building Department staff are still confused about what is required when a permit is pulled for alterations, additions or new construction projects.
It doesn't matter who is pulling the permit, the requirements for 20% additional ADA work is required.
The ENR Threshold as of 2015 is $147,863. This is the magic number that all Architects, Civil Engineers and local Building Department staff are using to determine the level of “additional ADA” work required for each specific project.
There are two separate code requirements that are activated by a permitted alteration, addition or structural repair project:
1. Provide access within the altered area
2. Provide accessible path of travel to the altered area.
Too many tenant improvement projects are being applied for, permit approved, plan reviewed, built and signed off by local building departments without any mention of the “path of travel” to the altered area.
It is easy to understand how a tenant could think that their only responsibility is to their own tenant space and the work they are completing. These tenants usually never communicate with their landlord about their project and inadvertently create problems for the landlord and in many cases delay their own project sign-off and certificate of occupancy.
In many cases, I have seen the local building official put a hold on any future permitted projects on the property until the tenant or landlord meets the requirements for “path of travel” to the specific area of alteration.
I have included the exact text below from the 2013 California Building Code.
11B-202.4 Path of travel requirements in alterations, additions and structural repairs Exceptions: 1, 2, 3, 4, 5, 6 & 7 are unchangedSection 8 has now been modified to include the option for a single Unisex restroom and Signage. See items 3 & 6 below.
When the adjusted construction cost is less than or equal to the current valuation threshold, as defined in Chapter 2, Section 202, the cost of compliance with Section 11B-202.4 shall be limited to 20 percent of the adjusted construction cost of alterations, structural repairs or additions. When the cost of full compliance with Section 11B-202.4 would exceed 20 percent, compliance shall be provided to the greatest extent possible without exceeding 20 percent.
When the adjusted construction cost exceeds the current valuation threshold, as defined in Chapter 2, Section 202, and the enforcing agency determines the cost of compliance with Section 11B-202.4 is an unreasonable hardship, as defined in Chapter 2, Section 202, full compliance with Section 11B-202.4 shall not be required.
Compliance shall be provided by equivalent facilitation or to the greatest extent possible without creating an unreasonable hardship; but in no case shall the cost of compliance be less than 20 percent of the adjusted construction cost of alterations, structural repairs or additions.
The details of the finding of unreasonable hardship shall be recorded and entered into the files of the enforcing agency and shall be subject to Chapter 1, Section 1.9.1.5, Special Conditions for Persons with Disabilities Requiring Appeals Action Ratification.For the purposes of this exception, the adjusted construction cost of alterations, structural repairs or additions shall not include the cost of alterations to path of travel elements required to comply with Section 11B-202.4.In choosing which accessible elements to provide, priority should be given to those elements that will provide the greatest access in the following order:
An accessible entrance;
An accessible route to the altered area;
At least one accessible restroom for each sex or a single accessible unisex restroom;
Accessible telephones;
Accessible drinking fountains; and
When possible, additional accessible elements such as parking, signs, storage and alarms.
If an area has been altered without providing an accessible path of travel to that area, and subsequent alterations of that area or a different area on the same path of travel are undertaken within three years of the original alteration, the total cost of alterations to the areas on that path of travel during the preceding three-year period shall be considered in determining whether the cost of making that path of travel accessible is disproportionate.