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TAS/ADA Accessible Routes in Multi-Story Buildings
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It is important to first understand what qualifies as a "story" and what qualifies as a "mezzanine". Here are the definitions from the 2012 Texas Accessibility Standards. This will come up later in the newsletter.
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106.5.38 Mezzanine. 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. Mezzanines have sufficient elevation that space for human occupancy can be provided on the floor below.
106.5.64 Story. 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.
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Next, lets look at the scoping requirements in Chapter 2 to see when an accessible route is required to connect each story and mezzanine. This newsletter will be focused on Exception 1.
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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.
EXCEPTIONS:
1. In private buildings or facilities that are less than three stories or that have less than 3000 square feet (279 m2) per story, an accessible route shall not be required to connect stories provided that the building or facility is not a shopping center, a shopping mall, the professional office of a health care provider, a terminal, depot or other station used for specified public transportation, an airport passenger terminal, or another type of facility as determined by the U. S. Attorney General. In transportation facilities, any area housing passenger services, including boarding and debarking, loading and unloading, baggage claim, dining facilities, and other common areas open to the public must be on an accessible route from an accessible entrance.
2. Where a two story public building or facility has one story with an occupant load of five or fewer persons that does not contain public use space, that story shall not be required to be connected to the story above or below.
3. In detention and correctional facilities, an accessible route shall not be required to connect stories where cells with mobility features required to comply with 807.2, all common use areas serving cells with mobility features required to comply with 807.2, and all public use areas are on an accessible route.
4. In residential facilities, an accessible route shall not be required to connect stories where residential dwelling units with mobility features required to comply with 809.2 through 809.4, all common use areas serving residential dwelling units with mobility features required to comply with 809.2 through 809.4, and public use areas serving residential dwelling units are on an accessible route.
5. Within multi-story transient lodging guest rooms with mobility features required to comply with 806.2, an accessible route shall not be required to connect stories provided that spaces complying with 806.2 are on an accessible route and sleeping accommodations for two persons minimum are provided on a story served by an accessible route.
6. In air traffic control towers, an accessible route shall not be required to serve the cab and the floor immediately below the cab.
7. Where exceptions for alterations to qualified historic buildings or facilities are permitted by 202.5, an accessible route shall not be required to stories located above or below the accessible story.
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It is important to note that the first sentence in exception one uses the argument "or" not "and". This indicates that only one of the conditions need to exist to use the exception.
So regardless of the building size, private buildings that are less than 3 stories are not required to provide an accessible route connecting stories, provided that the building or facility is not a shopping center, a shopping mall, the professional office of a health care provider, a terminal, depot or other station used for specified public transportation, an airport passenger terminal, or another type of facility as determined by the U. S. Attorney General.
Private buildings that have three stories or more qualify for the same exception, as long as they have less than 3,000 square feet per story. The first, or ground level, is also considered a story, so it would need to be less than 3,000 square feet as well.
The TAS also provides a definition of what it considers a Shopping Center or Shopping Mall.
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106.5.60 Shopping Center or Shopping Mall. A building housing five or more sales or rental establishments; or a series of buildings on a common site, either under common ownership or common control or developed either as one project or as a series of related projects, housing five or more sales or rental establishments. For purposes of this standard, places of public accommodation of the types listed in the definition of “place of public accommodation” in Chapter 68, Texas Administrative Code are considered sales or rental establishments. The facility housing a "shopping center or shopping mall" only includes floor levels housing at least one sales or rental establishment, or any floor level designed or intended for use by at least one sales or rental establishment.
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The advisory below clarifies when a mezzanine is required to be served by an accessible route. It also gives a good example to show that a private office located above a shopping mall does not have to provide the elevator portion of an accessible route.
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Advisory 206.2.3 Multi-Story Buildings and Facilities. Spaces and elements located on a level not required to be served by an accessible route must fully comply with this document. While a mezzanine may be a change in level, it is not a story. If an accessible route is required to connect stories within a building or facility, the accessible route must serve all mezzanines. The accessible route exception does not obviate or limit, in any way the obligation to comply with the other accessibility requirements. For example, in a facility that houses a shopping center or shopping mall, or a professional office of a health care provider, the floors that are above or below an accessible ground floor and that do not house sales or rental establishments or a professional office of a health care provider, must meet the requirements of this standard but for the elevator.
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The last sentence probably should have ended with "...except for the elevator." But I think we can understand what it's trying to say. The exception only allows you to not have an elevator. Water closets, doorways, stairways, and other elements that are normally required to be accessible, must still comply.
I hope that you have found this informative. Should you have any questions regarding this newsletter, or another area of accessibility, please feel free to reach out to me.
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