Most of us are familiar with the Exceptions to the accessible route requirements of California Building Code (CBC) 11B-206.2.3. Exception 1 indicates that certain types of privately funded multi-story buildings do not require a ramp or elevator above and below the first floor. These include multi-storied office buildings (other than offices of health care providers) and passenger vehicle service stations less than three stories high or less than 3,000 square feet per story. In addition, any other multi-storied building that is not a shopping center, shopping mall, etc. that is also less than three stories high or less than 3,000 square feet per story if a reasonable portion of all facilities and accommodations normally sought and used by the public are accessible to and usable by persons with disabilities. The question arises, does this exception apply to mezzanines? It does not. Per CBC 11B-206.2.3 Multi-story buildings and facilities: “At least one accessible route shall connect each story and mezzanine in multi-story buildings and facilities.” Per CBC 11B-206.2.4 Spaces and elements: “At least one accessible route shall connect accessible building or facility entrances with all accessible spaces and elements within the building or facility, including mezzanines, which are otherwise connected by a circulation path unless exempted by Section11B-206.2.3 Exceptions 1 through 7.” Basically, an accessible route is required to be provided unless one of the exceptions apply. Note: Exception 1 only applies to multi-story buildings. Also note: Exception 1 only applies to privately funded multi-story buildings. As such, for a one-story office building with a mezzanine, an accessible route must be provided to the mezzanine. Whereas, for a privately funded two-story office building, an accessible route is not required. Lastly, for a publicly funded two-story office building an accessible route is required. What exactly is a mezzanine? CBC Section 505 outlines the requirements. CBC 505.2 Mezzanine: “A mezzanine or mezzanines in compliance with 505.2 shall be considered a portion of the story below.” A mezzanine is also limited in area by CBC 505.2.1. A mezzanine is a way for a building to have more square footage without increasing the area or number of stories as allowed by CBC 503.1. It is also important to review the definitions in CBC Chapter 2. Mezzanine (DSA-AC): “An intermediate level or levels between the floor and ceiling of any story with an aggregate floor area of not more than one-third of the area of the room or space in which the level or levels are located.” Story (DSA-AC): “That portion of a building or facility designed for human occupancy included between the upper surface of a floor and upper surface of the floor or roof next above. A story containing one or more mezzanines has more than one floor level.” In other words, a mezzanine is a change in level, not a story. Therefore, CBC 11B-206.2.4, as noted above, requires an accessible route. The intention of the code? One need only look at the model language from the 2010 ADA Standards, from which the CBC is based, to note that, in California, a mezzanine does require an accessible route to it. ADAS 206.2.4 Exception 3 was excluded from the CBC. That exception would have allowed: “Accessible routes shall not be required to connect mezzanines where buildings or facilities have no more than one story. In addition, accessible routes shall not be required to connect stories or mezzanines where multi-story buildings or facilities are exempted by 206.2.3 Exceptions 1 through 7.” Why was this Exception excluded in the CBC? Legislation. Health and Safety Code Sections 19955 and 19956 basically have the same language as currently in the CBC. Unless the legislation is changed, the CBC must meet the legislative requirements. What’s more is that these statutes have been law for quite some time, some as far back as 1982, and have not been enforced consistently. What to do if the cost of an elevator is prohibitive? For a privately funded office building, for new construction, instead of providing a mezzanine, provide a second floor. The same is true for a privately funded building that meets the requirements of CBC 11B-206.2.3 Exception 1. What if the mezzanine is existing? Depending on the applicable code at the time the building was constructed, if an accessible route was required, but not enforced, it is still technically required. If, however; the applicable code did not require an accessible route, it is required as part of the path of travel obligation of CBC 11B-202.4 when alterations occur. Depending on the adjusted construction cost to provide an accessible route to the mezzanine, CBC 11B-202.4 Exception 8 may apply and a request for a hardship may be submitted for approval to the authority having jurisdiction. This exception may also apply to an existing building when a mezzanine is being added. And, if all of that is not confusing enough, there is an exception for restaurants, cafeterias, banquet facilities and bars. CBC 11B-206.2.5 Exception 1: “In alterations of buildings or facilities not required to provide an accessible route between stories, an accessible route shall not be required to a mezzanine dining area where the mezzanine contains less than 25 percent of the total combined area for seating and dining and where the same decor and services are provided in the accessible area.” So basically, if an existing restaurant in a two-story building meets the requirements of CBC 11B-206.2.3 Exception 1, and it has a mezzanine, and it is being altered, then, and only then is the accessible route to the mezzanine not required. Don’t forget, however; that the accessibility requirements for everything else on the mezzanine are still required to be met, unless the 20% rule applies per CBC 11B-202.4 Exception 9. If, however; the existing restaurant being altered happens to be part of a two-story shopping center or mall, the accessible route to the mezzanine is required. Also true for a one-story restaurant with a mezzanine. Barrier removal? If the building was constructed pre-ADA, if the applicable code did not require an accessible route to the mezzanine and no alterations have been made since that time, the accessible route may not be required until alterations, additions, or structural repairs are provided. Refer to ADAS 206.2.4 Exception 3. When doing a CASp Report, how to determine whether a floor is a second story or a mezzanine? A review of as-built drawings or permit records is usually required. The above outlines general requirements, specific conditions may have other requirements or exceptions. No one ever said that accessibility is easy or that it makes sense. |
