depends on your state whether it's required by code but, if you don't do it, no matter where you are, you/you're client are exposed to the potential for civil litigation.
i believe SW is correct. the ADA does not discriminate based on the fact that one's business occupies only the second level. however, there may be an exception within your local code.
not all local codes enforce ADA. case in point, my local code has nothing to say regarding ADA; however, they enforce ANSI 117.1a religiously. the ANSI code is very, very similar to ADA. basically in order to get a building permit, our buildings must be designed in compliance with ANSI, which essentially means they satisfy nearly all of ADA.
Can you give us more information about the project? Is this a new project or are you making changes to an existing restaurant? Can you tell us anything about the building the restaurant is in? Keep in mind that if this is a new restaurant you may be required to apply for a change of use allowing an A use group in this building if that use doesn't already exist.
If you're designing under IBC and ANSI A1171.1 or ADAAG you will likely be required to make the entire space fully accessible if this is a new tenant fitout or spend 20% of the total construction cost on upgrading the space to comply with ADA if it is an alteration to an existing space. It doesn't matter if the route to the second floor is accessible or not, accessibility still appiles to the space itself.
If this is a new design - all doors and hardware (including the walk-in), toilet rooms, handsinks, aisles between kitchen equipment and tables, service counters and seating at tables must all meet accessibility requirements.
Mum, it's an alteration of an 2- story existing bldg. the ground floor is proposed for a banquet hall- and the client would like to have a restaurant at the second floor and the issue of accessibilty to that level was raised at a hearing , so i was wondering if this is an universal requirement or there are exceptions?
ADA is not a building code. Building codes have been passed to support it, but ADA allows a person to sue a building owner or business operator, even if the building meets building codes. A group of disabled people sued 8 restuarants here in an old historic district because the old buildings had a 7" step to get into the buildings. The buildings met building codes as existing conditons, but the group won in a civil lawsuit. Advise your client to consult with an attorney. They are dealing with more than an issue of building codes.
Even if you meet all the codes, the building owner could still be succesfully civilly sued. I just finished drawings to bring a shopping center into compliance with ADA guidelines even though there were no building code requirements to do so: the mall owner was sued by a group of people who won a large civil settlement, and they had to agree to complete all of the renovations as part of the settelement.
Being a renovation project there may be exceptions: If the total cost of the project does not exceed a certain percentage of the buildings value or if the building is listed on the National Register of Historic Places, complete or partial compliance may be required.
The first thing you should do is contact the building department and ask which document regulates accessible design for the state where the project is located.
Then purchase this document (usually cheap) Most of your answers will be found in there.
If you find that complete accessibility is required and there is no possible way for your client to complete this project with the added cost / loss of space from adding an elevator, your next step would be to file for a variance with the State. A written decision will then be issued.
Good advice cln1. There may be exceptions which apply to this project. The situation may also be one in which the clientele are especially aware of disability rights and it is in the owner's best interest to go as far as installing an elevator and bringing the rest of the building up to full ADA compliance.
It's worth a discussion with the owner to see if he is financially inclined (most of them aren't) to do this. Otherwise, go for the exceptions. Since he's "touching" the entire building, he'll be required to extend accessibility to the first floor. The accessible route is the first thing that is usually required to comply, but if the elevator exceeds 20%, the modifications would be applied elsewhere. If the second floor is less than 3000 sf and it's not a school, shopping mall, medical building or an airport, an elevator would not be required anyway.
May 15, 06 4:44 pm ·
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ada for restaurant
are you required by code to provide ada accessibility for a small restaurant -20 person located on second floor
depends on your state whether it's required by code but, if you don't do it, no matter where you are, you/you're client are exposed to the potential for civil litigation.
in ky it's required by code, too.
i believe SW is correct. the ADA does not discriminate based on the fact that one's business occupies only the second level. however, there may be an exception within your local code.
not all local codes enforce ADA. case in point, my local code has nothing to say regarding ADA; however, they enforce ANSI 117.1a religiously. the ANSI code is very, very similar to ADA. basically in order to get a building permit, our buildings must be designed in compliance with ANSI, which essentially means they satisfy nearly all of ADA.
Can you give us more information about the project? Is this a new project or are you making changes to an existing restaurant? Can you tell us anything about the building the restaurant is in? Keep in mind that if this is a new restaurant you may be required to apply for a change of use allowing an A use group in this building if that use doesn't already exist.
If you're designing under IBC and ANSI A1171.1 or ADAAG you will likely be required to make the entire space fully accessible if this is a new tenant fitout or spend 20% of the total construction cost on upgrading the space to comply with ADA if it is an alteration to an existing space. It doesn't matter if the route to the second floor is accessible or not, accessibility still appiles to the space itself.
If this is a new design - all doors and hardware (including the walk-in), toilet rooms, handsinks, aisles between kitchen equipment and tables, service counters and seating at tables must all meet accessibility requirements.
thanks for the replies,
Mum, it's an alteration of an 2- story existing bldg. the ground floor is proposed for a banquet hall- and the client would like to have a restaurant at the second floor and the issue of accessibilty to that level was raised at a hearing , so i was wondering if this is an universal requirement or there are exceptions?
4.1.3, Exception 1
ADA is not a building code. Building codes have been passed to support it, but ADA allows a person to sue a building owner or business operator, even if the building meets building codes. A group of disabled people sued 8 restuarants here in an old historic district because the old buildings had a 7" step to get into the buildings. The buildings met building codes as existing conditons, but the group won in a civil lawsuit. Advise your client to consult with an attorney. They are dealing with more than an issue of building codes.
archie's right TO A POINT. as i noted before, some states have adopted ada/ag as part of their building code and it is enforced the same way.
so it depends where you are...
Even if you meet all the codes, the building owner could still be succesfully civilly sued. I just finished drawings to bring a shopping center into compliance with ADA guidelines even though there were no building code requirements to do so: the mall owner was sued by a group of people who won a large civil settlement, and they had to agree to complete all of the renovations as part of the settelement.
Being a renovation project there may be exceptions: If the total cost of the project does not exceed a certain percentage of the buildings value or if the building is listed on the National Register of Historic Places, complete or partial compliance may be required.
The first thing you should do is contact the building department and ask which document regulates accessible design for the state where the project is located.
Then purchase this document (usually cheap) Most of your answers will be found in there.
If you find that complete accessibility is required and there is no possible way for your client to complete this project with the added cost / loss of space from adding an elevator, your next step would be to file for a variance with the State. A written decision will then be issued.
Good advice cln1. There may be exceptions which apply to this project. The situation may also be one in which the clientele are especially aware of disability rights and it is in the owner's best interest to go as far as installing an elevator and bringing the rest of the building up to full ADA compliance.
It's worth a discussion with the owner to see if he is financially inclined (most of them aren't) to do this. Otherwise, go for the exceptions. Since he's "touching" the entire building, he'll be required to extend accessibility to the first floor. The accessible route is the first thing that is usually required to comply, but if the elevator exceeds 20%, the modifications would be applied elsewhere. If the second floor is less than 3000 sf and it's not a school, shopping mall, medical building or an airport, an elevator would not be required anyway.
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