Off topic- Building Permits and accessibility issues

mtfallsmikey

Which are Class A office buildings just completed a small modification, the addition of 2 hard-walled offices, and got turned down on the final building inspection because the bathrooms on that floor (with 6 stalls) did not have the additional "Ambulatory" accessible stall per ICC/ANSI A117.1. My buildings were constructed under '96 BOCA, and the AHJ has the authority to require that the bathrooms on the affected floor be brought up to this new standard, and it is the responsibility of the architect/designer to include this on the prints, as well as the permit app. Has anyone else run across this yet, or maybe just here in the good 'ole Commonwealth of Va.?

Brent_2

Did the tenant just convert part of open office space into offices? If that's the case I can't believe they can make you change the bathrooms. Most people wouldn't get a permit.
Or did they convert warehouse space into office space? If that's the case it might be tricky because the occupant load for the space has changed and then the bathrooms have to be looked at.
Either way the issue should have been brought up when the permit was applied for. If a permit was issued based on a plan not showing any bathroom modification than that is what should be inspected.

Brad White

There may be a Letter of Understanding

between the AHJ and the building management, such that these upgrades shall be made upon a change in tenancy or upon the next tenant turn-over, any number of things might have been agreed to. One never knows. I certainly do not and all situations are as alike as snowflakes.

Here in MA we have to comply with our Ch. 34 which governs renovations of existing buildings. If over 30% of the assessed value is exceeded in a given renovation, bringing the building up to code is required (absent a variance). Even within this, building departments are loathe to deny an ADA upgrade.


We have some clients under such letters of agreement in that they may have skated under the 30% benchmark by breaking up renovations into smaller packages to stay below that limit or may have traded off the upgrade for other consideration.

The architect is indeed responsible for interpreting and adhering to the code or to advise the Owner and assist in negotiating with the AHJ for relief if necessary.

To be called Class A office space though, one has to express a commitment to the ADA standards at some point, I would think. That is my own $0.02.

Brad

mtfallsmikey

A lot happened since I posted this earlier

Big meeting this am with us (property mgt.), the GC, the tenant, and the architect. Turns out the GC did not submit permitted plans for the job to my tenant as required, which listed the addition of the ambulatory stall in the bathrooms. Agreement betwen the AHJ and GC will only require the addition of vertical grab bars in the newly designated ambulatory stalls. To answer Brett and Brad, the tenant converted some open office space into hardwall offices. The requirement to bring the bathrooms up to 2003 ICC has nothing to do with occupant load. Bathrooms, water fountains, elevator lobbies, corridors that access the modified area must be shown on the prints, and a accessibility compliance form must be submitted with the prints for review/approval, regardless if these areas are in the scope of work or not. Brad; there is no letter of understanding between us (prop. mgt.), the property owner,and the AHJ. Per the lease, tenant is totally responsible for all mods, we do only base building items. We are committed to adhering to all codes and requirements, and do so with our own construction issues, but these buildings we built as shells, tenant performed all interior construction and fit-out. The Class A designation has more to do with desireability, condition, location...it has been a fascinating day, and a good subject for a Julius Ballanco column in PM!

Brad White

Hope I did not offend...

Hi Mike-

My comments were made in a vacuum of possible scenarios, so I dived in just the same with some reflections on recent experience.

My definition of Class A property was not meant as a tweak but to reflect the standard that we have with all of our REIT type clients, what they expect both in due-diligence assessment prior to purchase and finished designs. Just part of the check-list, not meant as a criticism. Hope it was not taken that way.