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HomeMy WebLinkAboutA002 - Council Action Form dated June 27, 2000 a � ITEM # DATE June 27 000 COUNCIL ACTION FORM SUBJECT: STATE REQUIREMENT FOR ELEVATORS IN THREE-STORY APARTMENT BUILDINGS BACKGROUND: There has been a reoccurrence of controversy over whether State handicapped accessibility regulations require elevators in apartment buildings of three or more stories. This controversy has a history extending back to 1975. In 1994, the State Building Code engineer ruled that the elevators were not required. Our local developers and Inspections Division have followed that interpretation since that time. In April of this year, the Assistant Attorney General wrote a letter stating that the earlier ruling was wrong. (See attached background letters.) In response to this new interpretation, City staff has notified local builders that no permits or Certificates of Occupancy will be approved for 3-story apartment buildings without elevators until this issue is resolved. This has had a sudden and - in some cases - near devastating impact upon local builders. Similar effects are occurring state-wide. The State Building Code Commissioner is being heavily lobbied to amend his rules to again allow 3-story apartment buildings without elevators. Competing policy issues cited in support of that amendment include fire safety, as well as adverse impact on development, on low and moderate income housing, and on urban sprawl. The Commissioner has not indicated if or when he will amend the affected state rules. Our City has adopted the State handicapped accessibility regulations by reference in the City Building Code, so the immediate question is whether issuing permits for occupancy of three story apartment buildings is a violation of the City's own Building Code. That dilemma can be side-stepped by repealing the blanket adoption of the State handicapped accessibility rules, and adopting instead all of those rules except those pertaining to elevators. (See the attached memo from the City Attorney.) ALTERNATIVES: 1. Keep all permits for construction and occupancy permits on indefinite hold until the controversy is resolved at the state level. 2. Direct the City Attorney to prepare an ordinance to remove the blanket adoption by reference of the State handicapped accessibility rules, and enact specifically all the provisions of those rules with a specific exemption of three story apartment buildings from the elevator requirement. MANAGER'S RECOMMENDED ACTION: It is the recommendation of the City Manager that the City Council adopt Alternative #2, directing the City Attorney to prepare an ordinance to remove the blanket adoption by reference of the State handicapped accessibility rules, and enact specifically all the provisions of those rules with a specific exemption of three story apartment buildings from the elevator requirement. This will enable the issuance of building permits and of occupancy permits for buildings nearing completion, with a warning that compliance with the City Code is no assurance that State regulations are met. COUNCIL ACTION: 2 03-09-94 01 :46PM FROM IOWA ST FIRE MARSHAL P02 STATE OF I A TERRY E.BRANSTAD,GOVERNOR DEPARTMENT OF PUBLIC SAFETY PAUL N.WIECK II,COMMI155IONER March 9 , 1994 Mr. Ray Anderson, Planner Department of Planning and Housing City of Ames 515 Clark Avenue/P. 0. Box 611 Ames, Iowa 50010 RE: Elevator Service in Apartment Buildings Dear Mr. Anderson: I am writing to confirm our recent telephone conversation concerning the Handicap ed Accessibility Regulations of the Iowa State Building code, of erwise known as Division 'V'II of Chapter 16, Iowa Administrative Code 661 (I .S.S.C. 800 . 1 ) as it relates to elevator service in apartment buildings . There has been some confusion regarding this matter since this office began issuing the most recent revisions to the State Building Code in Augusto 1994 . Section 1.6 . 705 ( 3 ) of Division VII states requirements for accessibility within buildings and facilities . It separately addresses requirements for new construction and those for proposed modifications to building features or elements involving accessibility within existing buildings and facilities in which "practical difficulties" exist, preventing the modifications from complying fully as for new construction. Significant in this section are provisions requiring elevator service in multi-story buildings . Specific exceptions to the requirement for providing elevator service are also stated, generally limited to two story buildings or buildings of relatively small floor area on each level, or where ramps are provided instead; or in specific applications or conditions described in the text where a wheelchair lift is a permitted alternative to an elevator. Confusion has centered around whether these provisions for elevator service apply to all building occupancies and uses . Little reference is made to Individual occupancies in Section 16 .705 ( 3 ) , beyond the four specific building uses in which the exception to the requirement of elevator service is disallowed . 63-09-94 01 :46PM FROM IOWA ST FIRE MARSHAL P03 Page 2 Mr. Ray Andreson/city of Ames March 9 , 1994 It was the intent of the rulemakers as well as the understanding of members of the Iowa State Building Code Advisory Council and persons attending public hearings at the time of adoption of the rules instituting these elevator provisions and incorporating other modifications to the rules, now known as Iowa State Building Code 800 .1, that the elevator provisions of Section 16 . 705 (3 ) not apply to apartment buildings (multi-family dwellings ) . Rather, that the portion of the regulation containing specific requirements for accessibility within apartment buildings, Section 16 . 706 ( 103A) , dictate any need for elevator service under the State Handicapped Regulations . Section 16 . 706 ( 1 ) requires at least one floor level of a covered apartment building (defined to be the "ground floor" ) to be fully accessible from the grade level entrance and throughout all units and public and common use space on that floor. Where a height difference exists between this floor level and the building entrance at grade, an elevator or ramp would be required in satisfying the building accessibility provisions of Section 16 .706 ( 1.03A) . In the event one or more elevators are provided in the building in order to satisfy the requirement for access to the "ground floor" , or otherwise required by applicable building codes or regulations, or voluntarily proposed for inclusion in the building, each elevator must comply with accessibility provisions and each floor level of apartments and common use spaces must be accessible within, as for the "ground floor" of the building. Regardless of whether all floors of the building are to be accessible or only the level(s) defined to be the "ground floor" is required to be accessible, public and common use areas offered for use by visitors and residents of the building must be provided in an accessible manner at each floor required to be accessible or, when such amenities are not offered for general use at that level, must be provided on another accessible level of the building. The above requirements for making apartment buildings accessible to the physically handicapped are applicable to individual buildings containing four or more dwelling units, including condominium buildings . if you have questions concerning accessibility in the design and construction of apartment buildings in Iowa, or need additional clarification of these matters, please feel free to contact our office. Sincerely, Gary Fors ee Building Code Engineer Iowa State Building Code Bureau GF/Pj s IAC 3/3/93 Public Safety[661] Ch 16, p.51 16.705(2) The primary entrance as well as entrances at grade level as defined in rule 16.701(103A)shalf be usable by physically handicapped persons. Such entrances shall be on a level that shall make the elevators,if any,accessible from that level. (See Figure 4 for door widths.) Buildings or facilities which do not have an entrance at grade level (such as additions or additional floors), shall provide an entrance accessible to persons in wheelchairs at the level accessible to other persons which will provide accessibility to the building or facility. 16.705(3) Accessibility within buildings and facilities. Areas of buildings and facilities which are used by the general public shall be accessible to and functional for the physically handicapped throughout. For purposes of this rule,any skywalk or similar facility connecting two or more buildings or facilities and those routes used by the general public through the connected build- ings and facilities shall be considered a single facility and shall be accessible throughout. however,building a skywalk connection to an existing building will not require modifications outside the skywalk corridor except to provide access to the skywalk system. a. New construction. At least one accessible route shall connect accessible building or facility entrances with all accessible spaces and elements within the building or facility. One passenger elevator complying with subrule 16.705(7)shall serve each level, including mezzanines, in all multistory buildings and facilities unless exempted below. If more than one passenger eleva- tor is provided, each elevator shall comply with subrule 16.705(7). EXCEPTION 1: Elevators are not required in facilities that are less than three stories or that have less than 3,000 square feet per story unless the building is a governmental facility,a shop- ping center,a shopping mall or the professional office of a health care provider. The elevator exemption set forth in this paragraph does not obviate or limit in any way the obligation to +. comply with the other accessibility requirements. Floors above or below the accessible ground floor must meet the requirements of this subrule except for elevator service. If toilet or bath- ng facilities are provided on a level not served by an elevator,then toilet or bathing facilities must be provided on the accessible ground floor. If a building or facility is eligible for this exemption but a full passenger elevator is nonetheless planned, that elevator shall meet the requirements of subrule 16.705(7)and shall serve each level in the building. A full passenger elevator that provides service from a garage to only one level of a building or facility is not required to serve other levels. EXCEPTION 2: Accessible ramps complying with subrule 16.705(1) may be used in lieu of an elevator. EXCEPTION 3: Platform lifts (wheelchair lifts) complying with subrule 16.705(7) may be used in lieu of an elevator only under the following conditions: 1. To provide an accessible route to a performing area in an assembly occupancy. 2. To comply with the wheelchair viewing position line-of-sight and dispersion requirement -)f subrule 16.705(14). 3. To provide access where existing site constraints or other constraints make use of a ramp or an elevator infeasible. b. Existing construction. For existing buifdings or facilities or parts of existing buildings or facilities which are required to meet the accessibility provisions of this code and in which practical difficulties exist in carrying out all of the provisions of this code,the following mini- mum requirements shall apply: (1) At least one accessible route complying with subrules 16.704(3)and 16.704(4)shall be provided to the building or facility. (2) If it is established by a person having that authority that no entrance used by the general public can comply,then access at another entrance or entrances may be used provided direc- tional signage is clearly located and displayed. (3) When toilets are provided, at least one shall comply with subrule 16.705(8); the toilet acility may be unisex. STATE OF I A THOMAS J. VILSACK DEPARTMENT OF PUBLIC SAFETY GOVERNOR E. A. "PENNY" WESTFALL SALLY J. PEDERSON LT. GOVERNOR COMMISSIONER MEMORANDUM TO: Katherine Curry, Plans Review Examiner FROM: Roy Marshall, State Building Code Commissioner D/T E: February 15, 2000 SUBJECT: Elevators/Accessibility You have asked for an interpretation of IAC 661-16.705(3) as it pertains to elevators in buildings of less than three stories or with less than 3,000 square feet per story. The rule generally requires a passenger elevator to connect all levels of multistory buildings"unless exempted below". Your question has to do with the language in exception 1; "elevators are not required in facilities that are less than three stories or that have less than 3,000 square feet per story unless the building is a governmental facility, a shopping center, a shopping mall or the professional office of a health care provider". This section means that an elevator is not required if a building is either; -less than three stories -less than 3,000 square feet per story A building of less than 3,000 square feet per story may be of unlimited stories and not req,!ire an elevator, and one of less than three stories can be of unlimited square feet without an elevator being required. Not included in the exceptions are buildings that are either a governmental facility, a shopping center, a shopping mall or the professional office of a health care provider, meaning if these buildings are multi-storied they must have an elevator, regardless of the number of stories or square footage. (Note that residential occupancies are not included, therefore they only are required to have an elevator if they are three stories or more and have more than 3,000 square feet per story.) This language was incorporated into IAC several years ago to reflect applicable federal standards. rim DIVISION OF STATE FIRE MARSHAL/621 EAST 2ND STREET/DES MOINES, IOWA 50309-1831 /515-281-5821 44 OF�U� h� 9 C I u h �J AT t ADDRESS REPLY TO THOMAS J. MILLER , Epart mt O1 JLYS iCP HOOVER BUILDING ATTORNEY GENERAL DES MOINES. IOWA 50319 TELEPHONE. 515/281-5164 FACSIMILE. 515/281-4209 April 25, 2000 Chuck Thomas Home Builders Association of Greater Des Moines P.O. Box 649 Johnston, Iowa 50131 Re: Elevator Requirements in Apartment Buildings Dear Mr. Thomas: Roy Marshall asked me to respond to your letter of February 24, 2000, concerning the requirements for elevators in multistory apartment buildings. 661 IAC 16.705(3)(a) provides that a passenger elevator shall be installed and serve all multistory buildings and facilities, unless otherwise excepted by the rule. There is no provision generally excepting apartment buildings. You question whether the rule is intended to apply to multistory apartment buildings. The express scope of the rules includes all buildings and facilities, including "multiple-dwelling unit buildings containing four or more individual dwelling units." 661 IAC 17.700(2). The rules are based on sta atory law, which similarly covers multiple- dwelling unit buildings containing four or more individual dwelling units. Iowa Code § 104A.2. The legislation clearly sets forth the legislative intent that the building code commissioner adopt rules covering a broad range of buildings, including residential buildings. Accordingly, a multistory residential building must comply with the elevator requirement unless one of the exceptions applies. For example, a newly constructed two- story residential facility would be excepted, because it is not three stories or more. 661 IAC 16.705(3)(a). A newly constructed three-story facility would be excepted if less than 3,000 square feet per story. Id. Chuck Thomas letter Page 2 You provided a copy of a letter from Gary Forshee to Maurice Dudney as a reference for this question. Mr. Forshee stated that the elevator rules were not intended to apply to apartment buildings. That opinion is not true. The statute and rules concerning accessibility to buildings, including rules relating to elevators, expressly apply to residential buildings. As a result, you should not rely on Mr. Forshee's letter. Please contact me or Roy Marshall if you have any questions about this letter. Sincerely, J 7.<- Jeffrey D. Farrell Assistant Attorney General (515) 281-6658 Copy to: Roy Marshall Thomas J. Vilcack Governor Sally J. Pederson E.A. "Penny" Westfall Lt. Governor Commissioner IOWA STATE BUILDING CODE MEMORANDUM TO: Architects and Building Officials FROM: Roy Marshall, State Building Code Commissioner Katherine Beauvais Curry, Building Plans Examiner Date: May 24, 2000 We realize that there has been some confusion regarding the elevator requirements with regards to apartment buildings with three stories. In order to clarify the situation we are sending the enclosed items. kbc Q/ End sures DIVISION OF STATE FIRE MARSHAL•621 EAST 2ND STREET• DES MOINES IOWA 50309-1831 0515-281-5821 Integrity •Pride/Professionalism • Teamwork • Commitment •Service