Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
03-24-2014 Board of Appeals
JA N KA CITY OF IOWA CITY The Iowa City Board of Appeals will convene at 4:00 p.m. on Monday March 24, 2014 in the Helling Conference Room, 410 Washington St., Iowa City, Iowa 1. Meeting to be called to order 2. Elect Officers for 2014 (Chair and Vice Chair) 3. Consider the minutes from the November 4, 2013 meeting. 4. Appeal the decision of the Building Official or Fire Chief. (120 E. Burlington St, The Mill) 5. Discussion and possible recommendation to Council regarding an amendment to the 2009 International Mechanical Code. 6. Adjournment MINUTES IOWA CITY BOARD OF APPEALS MONDAY, NOVEMBER 4, 2013 HELLING CONFERENCE ROOM, CITY HALL 410 E. WASHINGTON STREET IOWA CITY. IA 52240 MEMBERS PRESENT: John Roffman, Scott McDonough, Andrea French MEMBERS ABSENT: Chad Campion STAFF PRESENT: Tim Hennes (Sr. Building Inspector), Sue Dulek (Asst. City Attorney), John Grier (Fire Chief), Jann Ream (Code Enforcement Asst. acting as minute taker), Stan Laverman (Sr. Housing Inspector), Ron Herman (Housing Inspector) OTHERS PRESENT: Tim Meyer, Jennifer Meyer RECOMMENDATIONS TO COUNCIL: None CALL TO ORDER: John Roffman called the meeting to order at 4:00 PM :11111X6I[11PN7M=:41:1 French moved to elect John Roffman as chairperson of the Board of Appeals. McDonough seconded. VOTE: John Roffman was elected Board of Appeals chairperson by a 3-0 unanimous vote. McDonough moved to elect Andrea French as vice -chairperson of the Board of Appeals. Roffman seconded. VOTE: Andrea French was elected Board of Appeals vice -chairperson by a 3-0 unanimous vote. CONSIDERATION OF MINUTES: Minutes from 11/5/2012 meeting were reviewed. McDonough moved to adopt the minutes. French seconded. The minutes were approved by a unanimous 3-0 vote. Appeal of the decision of the Building Official or Fire Chief— 944 Miller Avenue Members of Board, staff and the public introduced themselves. Roffman asked City staff to present the issues of the appeal. Stan Laverman explained that the issue was whether a bedroom in the basement could be designated as such because of the non -compliant headroom on the basement stairs. He explained that in 1998 the property became a rental property and the application at that time was for a one bedroom house. Sometime during the next three inspection cycles, it became a two bedroom house. Laverman believed this change was done in error (because of the headroom issue) by one of the three inspectors — these inspectors are no longer employed by the City. In 2007, when the renewal application was sent out, the property was owner -occupied and the rental permit was cancelled. The owners, Tim and Jennifer Meyer, recently contacted the City to obtain a new rental permit because they have moved from the property. Laverman explained that property was inspected for the new rental permit and that inspector determined headroom in the bedroom itself was predominately 6'8" but that there is an 8' x 8' beam over PRELIMINARY the last stair which brings that headroom over the stair tread down to 5'4" and 6'2" at the base. Laverman stated that there are structural solutions to this problem. Tim Meyer responded with a brief history concerning his ownership of the property. He stated he was a 1st time home buyer and the realtor had the property listed as a two bedroom house. He said that he felt he had done his due diligence when he purchased the property in 2006 by checking on the bedroom count both on the City Assessor's website and on the last issued rental permit. Both of the sources showed the property was a two bedroom house and that is what he based his purchase on. When he purchased the house, there were two tenants in the property — one in the upstairs bedroom and one in the basement bedroom. He explained that he and his wife lived at the property until 2013 when they moved to Cedar Rapids. They did not think they could sell the property and recover the money they have put into it so they decided to keep the property and rent it. He felt that when the original rental inspector designated the property as a two bedroom house in 1998 that a precedent was set. Then, when the inspection occurred to reactivate the previously cancelled rental permit, Stan Laverman and Ron Herman found this code violation concerning the stairs. Meyer stated that both the house and the 8' x 8' structural support beam are 113 years old. He explained that two inches of the width of the beam overlap the stair tread. The rest of beam overlaps the base- 62" headroom. He said that the house had been rented this way as a two bedroom house from 1998 to 2006 and there were no issues that he was aware of. Also, he felt they deserved clarification if the decision was not overruled on how this was not going to happen again in the future. He felt they were deceived because they used the previous City designation as a two bedroom house in their original purchase decision. Sue Dulek presented information on a very similar case that occurred in Ames and, ultimately, was ruled on by the Iowa Supreme Court. In this case, a developer was planning a new apartment building that included loft space. Unsure as to whether this loft space met current codes, the developer requested an interpretation from the City of Ames' building official. The building official said that the lofts were permissible. When the building was completed, the City of Ames denied the Certificate of Occupancy for the units because the lofts violated the ceiling height requirements in the building code for habitable space. The developer appealed to the city's Board of Appeals which upheld the denial. The developer appealed through the courts stating that he had been told the lofts were ok and he had spent hundreds of thousands of dollars based on that opinion and now he was being told that the lofts could not be used as bedrooms. Dulek pointed out the Meyer's appeal was a very similar situation and the issue is whether a property owner— in this case, the Meyers — have a vested right in the use of the basement room as a bedroom. What the court ruled is that a building official's interpretation may be binding; however, if the decision is made in error, the permit may be revoked or not issued. So the question is if the original housing inspector made a mistake when he allowed the basement bedroom. If the determination is that the initial rental inspector's decision was a mistake, the City can deny a rental permit for a two bedroom house. She said also that there is the added question concerning if there is a practical solution which could be applied to the problem. Tim Meyer asked how it could be determined that a mistake was made. Hennes said a start would be looking at what code was in place in 1998 and what those requirements were. Hennes said they were the same except for a local amendment that actually reduced headroom from 68" to 6'6" for structures that existed prior to 1985. Dulek emphasized that if it was wrong decision in 1998 then that's just what it was — wrong. Then Meyer asked if the first inspector did indeed make a mistake, is the City going to go back and inspect every house he inspected during his employment with the City? He was concerned about how many other people are living in unsafe situations because of mistakes made in previous inspections. Dulek responded that the City was not legally obligated to do so. Hennes explained that rental properties are inspected every two years so when cases like this come up, they are cited. Meyer (Tim) then asked about another code section that would seem to allow a lower headroom in situations where the lower headroom is parallel to a wall. Hennes explained that this beam is actually perpendicular to wall and the code section Meyer had cited had most like likely been used to allow the lower headroom in other areas of the basement bedroom. Hennes stated that even though only two inches of the width of the beam was over the stair tread, it still created a pinch point where there was only 5"4" over a stair. PRELIMINARY This creates a hazard for tenants and any first responder to an emergency situation. McDonough asked about what options were available. Hennes said it basically came down to shoring the beam up enough in order to get an in -line beam installed. Hennes said if supports were put in on either side of the stairs, the new in -line beam would only have to run the width of the stairs. Roffman asked Meyer if he had looked at this solution. Meyer stated his problem was that the beam runs through the center of a 113 year old structure and that, if the beam is cut into, the structural integrity of the house will be affected. Roffman explained that with new supports on either side of the stair, the loads would be transferred — you would not just be cutting into the beam and leaving it. Meyer asked if the City was going to accept the legal liability if he did this and the house came down. Would there be written documentation from that City that this was safe? Hennes explained how the new bearing points would work and that the City would issue a building permit to do the work — it would be compliant. The City would be accepting no liability by issuing a permit and, that if Meyer wanted that type of assurance, he would need to hire a structural engineer. McDonough said that if he was in this situation, he would just do the repair so the issue would not keep coming up with future sales of the property. The problem would be solved. McDonough empathized with Meyer's position. Meyer (Tim) stated that for him to be in this position was just wrong and wanted to know what plan the City was going to put into action so this did not occur to other property owners in the future. Laverman responded that the training of inspectors was done at a much higher level and the certification requirements were higher. They have deliberately put a policy in place so that a different inspector inspects each property every two years to prevent any possible complicity and to just have a different set of eyes looking at the property. When mistakes are discovered, they are corrected. Roffman stated that based on what the Iowa Supreme Court had ruled concerning a very similar situation, the Board had very little choice but to uphold the decision of the Building Official. MOTION: French moved to deny the appeal cased on legal precedent. McDonough seconded. VOTE: The motion passed 3-0. OTHER BUSINESS: Hennes noted that the Board would be looking at the new 2015 codes in mid to late 2014. He also noted that there are two open positions on the Board and, if anyone had suggestions on who might apply, to let him know. ADJOURNMENT: Chairperson Roffman adjourned the meeting at 4:32PM. Chairperson, Board of Appeals Date �e , LREQUEST r®3 1HEARdiG BEF®RE�� ®AR® OF APPEALS City Clerk City of Iowa City 410 East Washington Iowa City, Iowa 52240 A v g�7APi CITY OF IOWA CITY Date: . / 2 (� / J d Property Address: 12.0 F, eURLING 10K) r T. HEARING REQUEST FOR: ® Appeal of Notice of Housing Code Violation. ® Request for a Variance from Housing Code Section ® Appeal the decision oT the Building Official or Fire Chief (attach copy of decision) because: ® (1) There are practical difficulties involved in carrying out the provisions of this code. Practical difficulties means that: (a) the strict letter of this code Is impractical; (b) the modification is in conformance with the intent and purpose of this code; and (c) such modification does not lessen any fire -protection requirements or any degree of structural Integrity; or ❑ (2) Any material, alternate design or method of construction not specifically prescribed by this code is appropriate. Any material, alternate design or method of construction is appropriate if: (a) the proposed design is satisfactory and complies with the provision of this code; and (b) the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation; or (3) The building official/fire chief has incorrectly interpreted a provision of the code; or ry ElC.)(4) The provisions of the code do not fully apply. co j -n State all code provisions applicable to the appeal y+ , I n �r; Explain basis for appeal. Attach relevant supporting documentation. Signature: Please print name: ��OM� M• �Mu�2�`2� Cl�dZ1STNS�� Address: Daytime Phone #: 31q ® 5 GO -as [6 FILING FEE - $100.00 h1sb+gtrgsthr9frm.dcc9M3 Code Provisions Applicable The Building code of The City of Iowa City, 17-1-1: CODE ADOPTED, adopts the the 2009 edition of the international building code (18C). The Building code of The City of Iowa City, 17-1-3: Amendments to Code, amends the adopted IBC as follows: Chanter 11 of the IBC. Delete chanter 'I 1 in its entirety and insert in lieu thereof the following: Chapter 11 Accessibility, Section 1101. Buildings or portions of buildings shall be accessible to persons with disabilities as required by 661-302 of the Iowa state administrative code. The Iowa State Administrative Code adopts one of the ADA or IBC 2009, Chapter 11: 661-302.3(103A,104A) Accessibility of buildings and facilities available to the public. Buildings and facilities which are available to the public, other than places of worship, shall comply with one of the following: 302.3(1) Applicable provisions of ADASAD 2010, or 302.3(2) IBC 2009, Chapter 11 and applicable accessibility provisions contained in:Y G200` Interpretation by wilding Inspection Staff C-," cv The Iowa City Building staff member TJG comments on plan review dated 1/31/141s. IS I "All raisjd�j booth areas need to be accessible." ci Another building inspection staff member cited as an issue, US 2010 ADA Chapter 2, se(4 206.2.5 Restaurants and Cafeterias. In restaurants and cafeterias, an accessible route shall be provided to all dining areas, including raised or sunken dining areas, and outdoor dining areas. EXCEPTIONS: 1. In 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. Applicable Provisions Iowa Code allows for compliance with either the 2610 ADA Standards or 2009 IBC Chapter 11. The following additional provisions within those standards may be applicable: ADA 206.2.5 Restaurants and Cafeterias. In restaurants and cafeterias, an accessible route shall be provided to all dining areas, including raised or sunken dining areas, and outdoor dining areas. EXCEPTIONS: 1. In 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. ADA 106.3 Undefined Terms. The meaning of terms not specifically defined in 106.5 or in regulations issued by the Department of Justice and the Department of Transportation to implement the Americans with Disabilities Act or in referenced standards shall be as defined by collegiate dictionaries in the sense that the context implies. ADA 202.3 Alterations. Where existing elements or spaces are altered, each altered element or space shall comply with the applicable requirements of Chapter 2. EXCEPTIONS: 2. In alterations, where compliance with applicable requirements is technically infeasible, the alteration shall comply with the requirements to the maximum extent feasible. ADA 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 which are otherwise connected by a circulation path unless exempted by 206.2.3 Exceptions 1 through 7. EXCEPTIONS: 2. In assembly areas with fixed seating required to comply with 221, an accessible route shall not be required to serve fixed seating where wheelchair spaces required to be on an accessible rp-Llte are not provided. CD _n ✓' T11 Balls forAppeal t Point 1 `r+z Based on comments from city staff, the alterations made in the performance and dining arr6a of tfie Mill are in violation of US 2010 ADA Chapter 2, section 206.2.E Restaurants and Cafeteriae. The city staff have interpreted each of the groupings of raised booths within a larger dining space to comprise a Dining Area. The ADA code does not define the term Dining Area, and thus per 106.3, the Merriam-Webster's Collegiate definition applies. Dining Area is not defined in that dictionary, but the definition of Area includes "The scope of a concept, operation, or activity", and "a particular extent of a space, or surface, or one serving a special function." In the context of those definitions, the entire back room of the Mill might comprise a single Dining Area since the entire room serves the single function and operation for dining, drinking, and entertainment. The back room is divided by half -walls into separate spaces that could perhaps be considered dining areas, but the raised booths comprise only a portion of these semi -separated spaces. The judgement by city building inspection staff seems to be based on an unnecessarily strict interpretation of the term Dining Area. It seems unlikely that one raised booth would comprise a raised dining area. Or even two. It is less than half of section of a large entertainment and dining room that is raised. It is only part of a larger dining area. The entire room shares the same decor and services. At least 80% of the floor area in the back room is accessible, and 75% (120 of 160) of the seats in the back room are accessible. This satisfies the intent of applicable IBC and ADA standards. Point 2 ADA 202.3 provides an exception based upon technical infeasibility. ADA requires a 1:12 slope on ramps. To create a ramp to the highest levels at 13 inches would require a 13 foot ramp. There is not space for a ramp of that length without a major change in the floorplan and relocation of walls adjacent to the raised areas. The cost of such changes would likely also exceed the 20% of overall project cost triggering the exception related to disproportionality of costs to provide accessibility when alterations are made. Point 3 ADA 206.2.5 provides an exception for mezzanine dining areas where the mezzanine contains less than 25 percent of the total combined area for entertainment seating and dining -and where the same decor and services are provided in the accessible area. At least 80% of the floor area in the back room is accessible. While the raised areas don't meet the ADA definition of a mezzanine, they do meet the "% of area" and "same decor and services" criteria for this exception, and generally, the intent of such provisions for dining areas. Point 4 The back room is rarely open for service unless there is entertainment or a special event. Therefore this space functions primarily as an assembly area. 206.2.4 provides an exception to requirements for accessible routes in assembly areas with fixed seating without wheelchair spaces. All the raised seating is fixed to the floor, and no spaces have been designated there for wheelchairs. A �J CJ S rj CD r� _r' ? fug co �D ;A /r- 4,14, , I sire ';Xlt a This building v%ist ba ac',CeSsibiO I w the physically dinabled M-AN(Pi V� t-,Af NEU I E ti MAY NO I REaECT 01 CUM 01HOPMOM, ddld,IILY CLIM110 'I f'E'O,'.vof n C, liol 211, Obuquuov to COMA ON OH amok ON C04T lywhiv, of z1vor v., WAJ i PLAN I(i i l� r ffis,ru I Applican! N fia Site Addres8 . Project N'1'rne Reviewer: TJG iji I014-0002 3 ,61 /2014 'ON ST -..iE;..1"�ti CITY OF IOWA CITY 1. Licensed Bubo,-, rrxactors �°a-quireato apply'for and obtain their oven specinkb) permits 2. Occupant load d,a;n not be increased it is a noncon-forming use. 3. All raised booth -seas reed 'Co bo accessible PLAN REVERIV '�C"iA\,, �E€ LEC a ALL CODE ME CIEs vUEs. raiiure to identify a code deficiency dnnrl, : lzAv -r' __: t7 . roes, not aflevi tp- any obligation to cornplY 9ivith all applicable coda provisiom, I, the undersfggiec: racaipt of these; comments and understanPa that they constitute conditions,o,,k[,ti J8d 1 Signature o Qrdr_.___ _. Efate N t:7 CI1t1T)' tit: l(liyi"i'. W f sY hk Permit: IBLD119002 ' r r9 L Issued: 1/31/201 Applicant Name : MILL RESTAURANT Job Address: 126 E F1Li;'I_im !`c)r. S j I., ; �' CITY Parcel # : 10103800/8 Zone: C6-10 Project Name : ALTERATION --Applicant.----.—.-..-----..—. _---------.-------------- Contractor MARC S MOEN LANGE CONSTRUCTION C/O MOENGROUP 29GG NF-WPORT RD 221 E COLLEGE ST 91301 1041+A CITY, IA •2240 IOWA CITY, IA 52240 LEGAL DESCRIPTION: SUBDIVISION : iC+ittlr't GiTY (ORIGII'\IALTOkNPl) seLOCK : T: PROJECT DESCRIPTION: Install iwo walls and a door to make band room TYPE OF USE: NON BEDROOMS : 0 OT 1....____ LOT- DWELL UNITS: 0 V!"� : TYPE OF IMPR: ALT STYt,IC;T'UPE------------ -------------- AREA: FRAME TYPE: WOOD Dlivl : FXiS T ING SETSAV'K9a (tt---._.—.___ OCCGROUP: A-2 A; -''A: si TYPECONST: ? GARAGE ---------- __---------------- L'f: 1 i ; BASEMENT?: ? DIM: CONT PRICE: $15,000 STORIES: 1.00 AREA: sf ZONING DISTRICT: CB-10 FIRE 8F'IZLRS REQ'D? : ? TREE ORD APPLIC? : N OVERLAY ZONE:. FIRE E TING REO'D? : Y HANDICAP REO. APPL""" : Y REQ'D PARKING: AIRPORT ZONE: N ST E N E R C,0QEAPPLf', "? N FIRE DETECT REQ'D?: ? FLOOPPLAIN : N CER T Or 00' REQ'P? : N NOTICE: Separate permits are required for building, electrical, plumbing, heating, air conditioning, or signs. This permit becomes null and void if work or construction authorized is not commenced within 180 days, or if construction or wart: Is suspended ,: r abandoned for a period of 180 days at any time after %vorl< is commenced. All provisions of laws and ordinances governing this work must be complied with whether specified herein or not. This hermit does not presume to give aut rity to violate or cannel the provisions of any other state or local law regulating construction or ih;� performance of construction. qApl1c4nt LL We of Building Ofci we r7 G� q C'7�� N ='fR �' _ 4J I - Original 2 - L^spector ; - office 4 Oistorn:: 4d prmt.mt Overall summary including Appellant Points, Code Sections and Staffs Interpretations: Prepared by Tim Hennes, Senior Building Inspector Appellant Point 1 Based on comments from city staff, the alterations made in the performance and dining area of the Mill are in violation of US 2010 ADA Chapter 2, section 206.2.5 Restaurants and Cafeterias. The city staff have interpreted each of the groupings of raised booths within a larger dining space to comprise a Dining Area. The ADA code does not define the term Dining Area, and thus per 106.3, the Merriam-Webster's Collegiate definition applies. Dining Area is not defined in that dictionary, but the definition of Area includes "The scope of a concept, operation, or activity", and "a particular extent of a space, or surface, or one serving a special function." In the context of those definitions, the entire back room of the Mill might comprise a single Dining Area since the entire room serves the single function and operation for dining, drinking, and entertainment. The back room is divided by half -walls into separate spaces that could perhaps be considered dining areas, but the raised booths comprise only a portion of these semi -separated spaces. The judgement by city building inspection staff seems to be based on an unnecessarily strict interpretation of the term Dining Area. At least 80% of the floor area in the back room is accessible, and 75% (120 of 160) of the seats in the back room are accessible. This seems to meet and satisfy the intent of applicable IBC and ADA standards. Code Sections for Point 1 Section 206.2.5 from the 2010 ADA Standards for Accessible Design, Section 206.2.5 Restaurants and Cafeterias. In restaurants and cafeterias, an accessible route shall be provided to all dining areas, including raised or sunken dining areas. Exception; 1. In buildings or facilities not required to provide an accessible route between stories, an accessible route shall not be required to a mezzanine dining area were the mezzanine contains less than 25% of the total combined area for seating and dining and where the same decor and services are provided in the accessible area. 2. In alterations, an accessible route shall not be required to existing raised or sunken during areas, or to all parts of existing outdoor dining areas where the same services and decor are provided in an accessible space usable by the public and not restricted to use by people with disabilities. 3. In sports facilities, tiered dining areas providing seating required to comply with 221 shall be required to have accessible routes serving at least 25% of the dining area provided the at accessible routes serve seating complying with 221 and each tier is provided with the same services. Definitions of Mezzanine: 2010 ADA Definition: 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. 2009 IBC: MEZZANINE. An intermediate level or levels between the floor and ceiling of any story and in accordance with Section 505. 505.1 General. A mezzanine or mezzanines in compliance with Section 505 shall be considered a portion of the story in which it is contained. Such mezzanines shall not contribute to either the building area or number of stories as regulated by Section 503.1. The area of the mezzanine shall be included in determining the fire area defined in ie clearhe Section 902. The, fight above and below the mezzanine floor construction shall not _ _ Staff Interpretation for Point I The dining area has been recently constructed with new raised areas for dining and the code language is clear that an accessible route is required to the newly constructed raised dining areas. I agree an accessible route is provided to the dining area but an accessible route is not provided to the raised dining areas as required be section 206.2.5. Exceptions: 1. Does not apply because the raise area does not meet the definition of a mezzanine. 2. Does not apply because the raised area was not existing, it was newly constructed. 3. Does not apply because this is not a sports facility. Appellant Point 2 ADA 202.3 provides an exception based upon technical infeasibility. ADA requires a 1:12 slope on ramps. To create a ramp to the highest levels at 13 inches would require a 13 foot ramp. There is not space for a ramp of that length without a major change in the floorplan and relocation of walls adjacent to the raised areas. The cost of such changes would likely also exceed the 20% of overall project cost triggering the exception related to disproportionality of costs to provide accessibility when alterations are made. ode Sections for Point 2 Section 202.3 Alterations. (2010 ADA Standards for Accessible Design) Where existing elements or spaces are altered, each altered element or space shall comply with the applicable requirements of Chapter 2. Exceptions: 1. Unless required by 202.4, where elements or spaces are altered and the circulation path to the altered element or space is not altered, an accessible route shall not be required. 2. In alterations, where compliance with applicable requirements is technically infeasible, the alterations shall comply with the requirements to the maximum extent feasible. 3. Residential dwelling units not required to be accessible in compliance with a standard issued pursuant to the Americans with Disabilities Act or Section 504 of the Rehabilitation Act of 1973, as amended, shall not be required to comply with 202.3. 202.4 Alterations Affecting Primary Function Areas. In addition to the requirements of 202.3, an alteration that affects or could affect the usability of or access to an area containing a primary function shall be made so as to ensure that, to the maximum extent feasible, the path of travel to the altered area, including the rest rooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities, unless such alterations are disproportionate to the overall alterations in terms of cost and scope as determined under criteria established by the Attorney General. In existing transportation facilities, an area of primary function shall be as defined under regulations published by the Secretary of the Department of Transportation or the Attorney General, 4. EXCEPTION: Residential dwelling units shall not be required to comply with 202.4. Technically Infeasible. With respect to alterations of a building or facility, something that has little likelihood of being accomplished because existing structural conditions would require removing or altering a load bearing member that is essential part of the structure frame; or because other physical or site constraints prohibit modifications or addition of elements, spaces, or features that are in full compliance with the minimum requirements. Staff Interpretation for Point 2 It has been determined that the existing dining area is an altered space with altered elements and that each element could comply with the applicable requirements of Chapter 2. Exceptions: 1. Does not apply because the alterations are affecting a primary function is required to be made accessible as required by section 202.4 Alterations Affecting Primary Function Areas. a. It is further determined that providing an accessible route to the raised seating would not have been disproportionate to the overall alterations in terms of cost and scope as determined under criteria established by the Attorney General if an accessible route was included in the original design and construction. i. "Alterations made to provide an accessible path of travel to the altered area will be deemed disproportionate to the overall alteration when the cost exceeds 20% of the cost of the alteration to the primary function area." 2. Does not apply because compliance with applicable requirements was not proven to be technically infeasible, and the alterations were not constructed such that the dining areas comply with the requirements to the maximum extent feasible. a. The alteration is not technically infeasible because it does not require removal of existing structural conditions or altering a load bearing member that is essential part of the structure frame; b. The alteration is not technically infeasible because there are not physical or site constraints that would prohibit the modifications or addition of elements, spaces, or features that are in full compliance with the minimum requirements. Does not apply because this is not a residential dwelling unit. Appellant Point 3 ADA 206.2.5 provides an exception for mezzanine dining areas 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. At least 80% of the floor area in the back room is accessible. While the raised areas don't meet the ADA definition of a mezzanine (but do meet the definition under the 2009 IBC), they do meet the "% of area" and "same decor and services" criteria for this exception, and generally, the intent of such provisions for dining areas. Code Sections for Point 3 See Section 206.2.5 with exceptions in Code Sections for Point 1. Additional information provides examples of what is met by "same d6cor". Staff Interpretation for Point 3 Exception #1: a. It has been determined that the area is not a mezzanine by either definition as noted in Code Sections for Point 1. b. It has been interpreted base on the "same decor" examples cited in the Advisory that the elevated dining is required to be on an accessible route in order to provide the same decor for dining and the enjoyment of the entertainment that will be provided. The back room is rarely open for service unless there is entertainment or a special event. Therefore this space functions primarily as an assembly area. 206.2.4 provides an exception to requirements for accessible routes in assembly areas with fixed seating without wheelchair spaces. All the raised seating is fixed to the floor, and no spaces have been designated there for wheelchairs. Code Sections for Point 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 which are otherwise connected by a circulation path unless exempted by 206.2.3 Exceptions 1 through 7. EXCEPTIONS: 1. N/A 2. In assembly areas with fixed seating required to comply with 221, an accessible route shall not be required to serve fixed seating where wheelchair spaces required to be on an accessible route are not provided. 3. N/A 221 Assembly Areas 221.1 General. Assembly areas shall provide wheelchair spaces, companion seats, and designated aisle seats complying with 221 and 802. Assembly Area. A building or facility, or portion thereof, used for the purpose of entertainment, educational or civic gatherings, or similar purposes. For the purposes of these requirements, assembly areas include, but are not limited to, classrooms, lecture halls, courtrooms, public meeting rooms, public hearing rooms, legislative chambers, motion picture houses, auditoria, theaters, playhouses, dinner theaters, concert halls, centers for the performing arts, amphitheaters, arenas, stadiums, grandstands, or convention centers. 221.2.3 Lines of Sight and Dispersion. Wheelchair spaces shall provide lines of sight complying with 802.2 and shall comply with 221.2.3. In providing lines of sight, wheelchair spaces shall be dispersed. Wheelchair spaces shall provide spectators with choices of seating locations and viewing angles that are substantially equivalent to, or better than, the choices of seating locations and viewing angles available to all other spectators. When the number of wheelchair spaces required by 221.2.1 has been met, further dispersion shall not be required. EXCEPTION: Wheelchair spaces in team or player seating areas serving areas of sport activity shall not be required to comply with 221.2.3. Staff Interpretation for Point 4 Exception #2 is specific to assembly areas with fixed seating required to comply with 221. It has been interpreted this area is not an assembly area as defined in the 2010 ADA Standards for Accessible Design. I1+ it is interpreted it meets the definition of assembly the following must be taken into consideration. Section 221 goes on to state, Section 221.2.3 Lines of Sight and Dispersion. Wheelchair spaces shall provide lines of sight complying with 802.2 and shall comply with 221.2.3. In providing lines of sight, wheelchair spaces shall be dispersed. Wheelchair spaces shall provide spectators with choices of seating locations and viewing angles that are substantially equivalent to, or better than, the choices of seating locations and viewing angles available to all other spectators. When the number of wheelchair spaces required by 221.2.1 has been met, further dispersion shall not be required.. Advisory not for section 221.2.3 Lines of Sight and Dispersion. Consistent with the overall intent of the ADA, individuals who use wheelchairs must be provided equal access so that their experience is substantially equivalent to that of other members of the audience. Thus while individuals who use wheelchairs need not be provided with the best seats in the house, neither may they be relegated to the worst. are accessed only by underground tunnels, are not required to be accessible. •:• fhis section addresses facilities such as toll booths, which are raised to facilitate access to higher vehicles as well as to provide protection from being struck by vehicles. Access to these spaces are often lanes by tunnel or bridge. Some of these types of facilities could also be covered by Section 1103.2.3. 1103.2.11 Residential Group R-1. Buildings of Group R-1 containing notmore than five sleeping units torrent or hire that are also occupied as the residence of the proprietor are not required to be accessible. This section exempts small bed -and -breakfast ortran- sient boarding house facilities that are also the home of the owner. 1103.2.12 Day care facilities. Where a day care facility (Groups A-3, E,1-4 and R-3) is part of a dwelling unit, only the portion of the structure utilized for the day care facility is required to be accessible. :• When an adult daycare or child day care facility is part of a person's home, the accessibility requirements are only applicable to the portion of the home that consti- tutes the day care facility, not the home itself. 1103.2.13 Live/work units. In live/work units constructed in accordance with Section 419, the portion of the unit utilized for nonresidential use is required to be accessible. The residential portion of the live/work unit is required to be evaluated sepa- rately in accordance with Sections 1107.6.2 and 11077. Live/work units are dwelling units in which a significant portion of the space includes a nonresidential use op- erated by the tenant/owner. Although the entire unit is classified as a Group R-2 occupancy, for accessibility purposes it is viewed more as a mixed -use condition. The residential portion of the unit is regulated differ- ently for accessibility purposes than the nonresidential portion. The floor area of the dwelling unit that is intended for residential use is regulated under the provisions of Section 1107.6.2 for Group R-2 occupancies. The re- quirements for an Accessible unit, Type A unit or Type B unit would be applied based upon the specific resk dential use of the unit and the number of units in the structure. The exceptions for Type A and Type B units set forth in Section 1107.7 would also exempt such units where applicable. For example, a two story dwelling unit above the work unit in a non -elevator building would never be subject to Type B require- ments due to the exemption in Section 1107.7.2. The code does not clarify if a two story live/work unit with the business on the entire first floor and the residence on the entire second floor would be considered a multi -story dwelling unit for purposes of the exception in Section 1107.7.2. In the nonresidential portion of the unit, full accessi- bility would be required based upon the intended use. For example, if the nonresidential area of the unit is uti- lized for hair care services, all elements related to the ®®C� vac ACCESSIBILITY 115 service activity must be accessible. This would include site parking where provided, site and building accessi- ble routes, the public entrance, and applicable patron services. In essence, the work portion of the live/work unit would be regulated in the same manner as a stand-alone commercial occupancy. 1103.2.14 Detention and correctional facilities. In detention and correctional facilities, common use areas that are used only by inmates or detainees and security personnel, and that do not serve holding cells or housing cells required to be accessible, are not required to be accessible or to be served by an accessi- ble route. Section 1107.5.5 addresses when sleeping units, spe- cial holding or housing cells and medical care units in detention and correctional facilities are required to be accessible. If the purpose of any common or shared space is to serve only the associated cells that are not required to be accessible (e.g., shared bathrooms or living space serving a specific group of cells), then those common or shared spaces are not required to be accessible. 1103.2.15 Walls -in coolers and freezers. Walls -in coolers and freezers intended for employee use only are not required to be accessible. %- Walk-in coolers and freezers usually have features that make accessibility difficult. For thermal efficiency they may have raised floors, special door seals, un- conventional door -operating hardware, tight internal storage, wheeled racking systems, etc. For these and other reasons they are not required to have an acces- sible entry or to be accessible within. SECTION 1104 ACCESSIBLE ROUTE 1104.1 Site arrival points. Accessible routes within the site shall be provided from public transportation stops; accessible parking; accessible passenger loading zones; and public streets or sidewalks to the accessible building entrance served. Exception: Other than in buildings or facilities containing or serving Type B units, an accessible route shall not be required between site arrival points and the building or facil- ity entrance if the only means of access between them is a vehicular way not providing for pedestrian access. • The intent of this section is to require an accessible route from the point at which one enters the site to any buildings or facilities that are required to be accessible on that site. It is presumed that people with disabilities are capable of gaining access to the site from such lo- cations as accessible parking, public transportation stops, loading zones, public streets or sidewalks. The exception addresses vehicular routes that pro- vide the only route between an arrival point and an ac- cessible entrance. An accessible route for pedestrian access is not required except in buildings or structures having or serving Type B units. For example, if there is a bus stop at the front of an industrial complex, but the only route to the building entrance is via a long drive- 2009 INTERNATIONAL BUILDING CODE® COMMENTARY 11-9 ACCESSIBILITY N way, an accessible pedestrian route to that entrance from the bus stop is not required. For special consider- ations in residential developments, see the commen- tary to Sections 1107.4, 1107.7.4. 1107.7.5, 1109.14.1 and 1109.14.2. 1104.2 Within a site. At least one accessible route shall con- nect accessible buildings, accessible facilities, accessible ele- ments and accessible spaces that are on the same site. Exception: An accessible route is not required between accessible buildings, accessible facilities, accessible ele- ments and accessible spaces that have, as the only means of access between them, a vehicular way not providing for pedestrian access. :• Developments may include several buildings on the same site. The intent of this section is to require an ac- cessible route to all facilities offered on a site. Often sites are designed such that the only way to reach a building or facility is by automobile. If there are multi- ple, separated parking areas serving one or more buildings on a site, an accessible route is required be- tween all such parking facilities and the buildings they serve. If there is an exterior feature, such as a swim- ming pool, located on a site containing multiple build- ings, an accessible route is required from each build- ing to the swimming pool. The exception clarifies that an accessible route is not required where no pedestrian access is otherwise intended or provided to a particular building or feature on the site. For special consider- ations in residential developments with recreational fa- cilities, see the commentary to Sections 1107.3 and 1109,14. 1104.3 Connected spaces. When a building or portion of a building is required to be accessible, an accessible route shall' be provided to each portion of thebuilding, to accessible build- ing entrances connecting accessible pedestrian walkways and the public way. Exceptions: 1. In assembly areas with fixed seating, an accessible route shall not be required to serve levels where wheelchair spaces are not provided. 2. In Group I-2 facilities, doors to sleeping units shall be exempted from the requirements for maneuvering clearance at the room side provided the dooris a tnim- mum of 44 inches (1118 mm) in width. -'-This section requires that there beat least one route from an accessible entrance to all required accessible features within,a building. If an area is addressed with a specific exception, then an accessible route is not re- quired. For example, mechanical penthouses are ex- empt under Section 1103.2.9; therefore, an accessible route would not be required to this area. Once someone gets into a space, they must also be - able to evacuate in an emergency situation. This may or may not be via the same route. For accessible means of egress requirements, see Section 1007 Exception 1 reemphasizes that levels in assembly seating that do not contain wheelchair seating Iota tions are not required to be accessed by an accessible ` route; however, the types of services available in the facility must be considered when determining what services must be available to accessible seats. A route is required to services from accessible seats in accor- dance with Section 1108.2.1. Exception 2 recognizes the practical implications of door maneuvering clearances on the room side at in -swinging doors in smaller sized patient sleeping rooms in hospitals and nursing homes. The maneu- vering clearance is still required on the outside of the Accessible patient sleeping room door. Since the ma- neuvering clearance in ICC A117.1 is based on the size of the door, there is no credit provided for the wider 44-inch (1118 mm) door width (required in Sec- tion 1008.1.1 in Group 1-2 for movement of bed) versus the standard 36-inch (914 mm) wide door. Without this exception a patient room would likely require extra width when a toilet room is located on the same wall as the door. Due to operational procedures and observa- tion needs, the door position is normally open, there- fore, the need for door maneuvering clearance on the interior side is reduced. At hospitals, nursing homes and rehabilitation centers, the patient room door is usually closed only when privacy is needed during procedures. The percentage of Accessible units and Type B units in hospitals, nursing homes and rehabilitation centers is addressed in Sections 1107.5.2, 1107.5.3 and 1107.5.4. Maneuvering clearances are part of an ac- cessible route, and accessible routes connect acces- sible elements; therefore, maneuvering clearances at patient sleeping rooms that are not Accessible or Type B units are not required since an accessible route is not required. For additional information on when Type B units are required in institutional facilities, see the commentary to Section 1107. 1104.3.1 Employee work areas. Common use circulation paths within employee woi* areas shall be accessible routes. Exceptions: 1. Common use circulation paths, located within employee work areas that are less than 300 square feet (27.9 in') in size and defined by permanently installed partitions, counters, casework or fmnish,- ings, shall not be required to be accessible routes. 2. Common use circulation paths, located within employee work areas, that are an integral compo- nent of equipment, shall not be required to be accessible routes. 3. Common use circulation paths, located within exterior employee work areas that are fully exposed to the weather, shall not be required to be accessible routes. -.-This requirement for common use circulation paths within employee work areas is consistent with the ex- ception in Section 1103.2.3. An accessible route is re- quired to each employee work area. When employees 11.10 2009 INTERNATIONAL BUILDING CODE COMMENTARY ACCESSIBILITY SECTION 1108 SPECIAL OCCUPANCIES 1108.1 General. In addition to the other requirements of this chapter, the requirements of Sections 1108.2 through 1108.4 shall apply to specific occupancies. -.-The criteria provided herein are occupancy specific, and are intended to result in a reasonable level of ac- cessibility in areas with assembly seating, self-service storage facilities and judicial facilities 1108.2 Assembly area seating. Assembly areas with fixed seating shall comply with Sections 1108.2.1 through 1108.2.8. Dining areas shall comply with Section 1108.2.9. In addition, lawn seating shall comply with Section 1108.2.6. -.-Sections 1108.2.1 through 1108.2.8 specifically ad- dress facilities with fixed seating utilized for purposes of viewing an event, typically facilities and spaces of occupancies of Groups A-1, A-3, A-4 and A-5. These criteria would also be applicable in assembly -type spaces with fixed seats that are located in buildings of other occupancies. The requirement for access to services; number and dispersion of wheelchair spaces and their associated companion seats; desig- nated aisle seats; lawn seating; assistive listening systems and performance areas are addressed. The requirements for seating in areas for eating or drink- ing, typically Group A-2 spaces or facilities, and the dispersion of this seating are addressed in Section 1108.2.9. 1108.2.1 Services. If a service or facility is provided in an area that is not accessible, the same service or facility shall be pro- vided on an accessible level and shall be accessible. ,*•This section establishes an important concept. The intent is that all types of services provided by a facility must be accessible. For example, a stadium may have a particular section of seating that is not acces- sible (assuming that the required number and disper- sion of spaces is in compliance with the code). This section establishes that if a souvenir stand is located in or near that section, one of three circumstances would apply: an additional souvenir stand must be provided in the facility on an accessible level; the sou- venir stand would have to be relocated to an accessi- ble level or the section where the souvenir stand is lo- cated must be made accessible. This section also emphasizes that not only must that service or facility be located on an accessible level, but the service it- self must also be accessible. Obviously, it would be inappropriate to locate a souvenir stand on an acces- sible level if the approach or entrance to that area is inaccessible. 1108.2.2 Wheelchair spaces. In theaters, bleachers, grand- stands, stadiums, arenas and other fixed seating assembly areas, accessible wheelchair spaces complying with ICC A117.1 shall be provided in accordance with Sections 1108.2.2.1 through 1108.2.2.4. •?The intent of this section is to provide a reasonable number of spaces in an assembly occupancy with z o 'c- 31,5 fixed seating to accommodate persons who use wheelchairs. Demographic statistics from the National Center for Health Statistics on the number of non institutionalized Americans who use wheelchairs indicate that these requirements are realistic. These required wheelchair spaces consist of an open, avail- able floor space in which the wheelchair takes the place of the fixed seat that would otherwise occupy that space. Section 1108.2.3 is consistent with ICC A117.1 in requiring companion seating adjacent to each wheelchair space. 1108.2.2.1 General seating. Wheelchair spaces shall be pro- vided in accordance with Table 1108.2.2.1. -.-The number of required wheelchair spaces is indi- cated in Table 1108.2.2,1 and Is based on the total number of fixed seats set up to view the same event, with the exception of box seats covered in Sections 1108.2.2.2 and 1108.2.2.3. For example, the fixed seating on all levels and all types provided in a sports stadium, excluding box seats, is used to calculate the number of required wheelchair spaces for the general seating. The requirements for box- or suite -type seat- ing are calculated separately. Seating provided in dif- ferent rooms, such as in a series of lecture halls in a university, must be calculated separately. Note that the percentage of wheelchair spaces is less for facilities, with a capacity of more than 5,000. The Industry has been able to provide statistics to show that the higher percentage of wheelchair spaces is not typically utilized in large facilities. TABLE 1108.2.2.1 ACCESSIBLE WHEELCHAIR SPACES CAPACITY OF SEATING IN ASSEMBLY AREAS MINIMUM REQUIRED NUMBER OF WHEELCHAIR SPACES 4 to 25 1 26 to 50 2 51to100 4 101 to 300 5 301 to 500 6 501 to 5,000 6, phis 1 for each 150, or fraction thereof, between 501 through 5,000 _ 5,001 and over 36 plus 1 for each 200, or fraction thereof, over 5,000 .• This table sets forth the required number of wheelchair spaces based on the capacity of seating in the space containing the fixed seating. Any fixed seating with less than four seats is not required to provide wheel- chair spaces. There is special criteria for wheelchair spaces in facilities with a seating capacity of over 500 and over 5,000. For example, six wheelchair spaces would be required for an assembly space with a seat- ing capacity of 500. Seven wheelchair spaces would be required for a seating capacity of 501 through 650. Both of the last two rows use the term "or fraction thereof' to designate the next step up. 11-38 2009 INTERNATIONAL BUILDING CODE® COMMENTARY ACCESSIBILITY scoreboards that are capable of displaying text mes- sages. If electronic signage is not provided, compli- ance with Sections 1108.2.7.2.1 and 1108.2.7.2.2 is not required. 11.08.2.7.2.1 Prerecorded text messages. Where electronic signs are provided and have the capability to display prere- corded text messages containing information that is the same, or substantially equivalent to information that is provided audi- bly, signs shall display text that is equivalent to audible announcements. - Exception: Announcements that cannot be prerecorded in advance of the event shall not be required to be displayed. If prerecorded messages are part of the event, the same information should be displayed in a text format. Text display is not required for announcements that are not prerecorded. Note that text information is only required when electronic signage is provided. 1108.2.7.2.2 Real-time messages. Where electronic signs are provided and have the capability to display real-time messages containing information that is the same, or substantially equiv- alent, to information that is provided audibly, signs shall dis- play text that isequivalentto audible announcements, :• If the electronic signage in the facility is capable of dis- playing real-time messages, then the same informa- tion being provided to the general audience through audible means should also be displayed in text. Note that text information is only required when electronic signage is provided. 1108.2.8 Performance areas. An accessible route shall directly connect the performance area to the assembly seating area where a circulation path directly connects a performance area to an assembly seating area. An accessible route shall be provided from performance areas to ancillary areas or facilities used by performers. Performance areas, such as stages, orchestra pits, band platforms, choir lofts and similar spaces, must be accessible. If there is a direct route from the seating to the performance area, there must also be an accessi- ble route. For example, if steps are provided from the assembly seating area to the stage within the theater, then an accessible route (e.g., ramp or platform lift) to the stage must also be provided within the theater. An ?®®ot ° c- 01 115 accessible route must also be provided to any ancillary areas, such as greenrooms or practice/warm-up rooms. The intent is that a person with mobility impair- ments could participate in the event. This could include high school graduation with students coming from the audience up onto the stage to receive their diplomas; participating with the community band; playing in the orchestra for a performance; acting in a production or giving a speech. 1108.2.9 Dining areas. In dining areas, the total floor area allotted for seating and tables shall be accessible. Exceptions: 1. In buildings or facilities not required to provide an accessible route between levels, an accessible route to a mezzanine seating area is not required, provided that the mezzanine contains less than 25 percent of the total area and the same services are provided in the accessible area. 2. In sports facilities, tiered dining areas providing seating required to be accessible shall be required to have accessible routes serving at least 25 per- cent of the dining area, provided that accessible routes serve accessible seating and where each tier is provided with the same services. \ B• Dining areas most frequently occur in Group A-2 (res- taurants, cafeterias, portions of nightclubs, dinner the- aters, etc.). The provisions of this section are intended to govern such areas, rather than the criteria specified in Sections 1108.2.2 through 1108.2.5. This section re- quires the total floor area allotted for seating and ta- bles to be accessible, including dining areas that are raised or lowered by one or more risers. The two ex- ceptions specifically address tiered dining areas in sports facilities and dining on mezzanine levels. Ex- ception 1 is intended to acknowledge a practical and reasonable limitation in buildings with a mezzanine level that contain only seating and that seating pro- vides less than 25 percent of the total seating for the dining area. In addition, all services provided in the mezzanine must also be available in an accessible area. Any mezzanine condition that does not meet the criteria of this exception does not qualify for the excep- TABLE 1108.2.7.1 RECEIVERS FOR ASSISTIVE LISTENING SYSTEMS CAPACITY OF SEATING IN ASSEMBLY AREAS MINIMUM REQUIRED NUMBER OF RECEIVERS MINIMUM NUMBER OF RECEIVERS TO BE HEARING -AID COMPATIBLE 50 or less 2 2 51 to 200 2, plus 1 per 25 seats over 50 seats* 2 201 to 500 2, plus 1 per 25 seats over 50 seats* 1 per 4 receivers* 501 to 1,000 20, plus 1 per 33 seats over 500 seats 1 per 4 receivers* 1,001 to 2,000 35, plus 1 per 50 seats over 1,000 seats* 1 per 4 receivers* Over 2,000 55, plus 1 per 100 seats over 2,000 seals* 1 per 4 receivers* Note: * = or fraction thereof 11-42 2009 INTERNATIONAL BUILDING CODE© COMMENTARY tion and must be served by an accessible route. Nonqualifying examples are as follows: a dining mez- zanine that contains 25 percent or more of the total dining area; a raised or depressed dining area that is not actually a mezzanine; and a mezzanine level that contains the only area where a specific service or amenity is provided, like a bar or private party room. Exception 2 is for sports facilities. Some sports facili- ties also have accommodations for dining or picnick- ing while watching the event. For line -of -sight issues, the dining terraces are tiered. If the same services are available on the accessible level as any other level, only 25 percent of the dining area is required to be on an accessible route. Section 1109.7 allows platform lifts to provide access to these levels when the sport- ing event and dining facilities are outdoors, such as at a baseball park. At this time the code does not contain specific infor- mation on tiered dining facilities that also have issue of line of sight for viewing an event, such as a dinner the- ater or dinner seating during a sport event such as at a racetrack. These types of spaces may want to look at the provisions for both dining (Section 1108.2.9) and seating for viewing an event (Section 1108.2.2) and develop a reasonable compromise. 8.2.9.1 Dining surfaces. Where dining surfaces for the consumption of food or drink are provided, at least 5 percent, but not less than one, of the dining surfaces for the seating and standing spaces shall be accessible and be distributed through- out the facility and located on a level accessed by an accessible route. :• Section 1108.2.9.1 establishes the criteria for the per- centage of spaces at tables, booths, bars and coun- ters that will be used for eating or drinking that must be accessible. This criteria is consistent with Section 1109.10 for the required percentage of accessible built-in surfaces in all other occupancies. The accessi- ble surfaces are also required to be distributed throughout the facility such that a comparable choice of locations and types (i.e., tables, booths, counters, etc.) is available (see Figure 1108.2.9.1). This require- ment, in conjunction with Section 1108.2.9, provides a reasonable and appropriate degree of accessibility throughout dining areas. The result is that a person with a mobility impairment will be able to approach, en- ter and move about in virtually all portions of a dining area. The entire dining or drinking area must be acces- sible. In addition, 5 percent of the total spaces at dining surfaces provided must be accessible. Each seating location at a table or seat section of a bar is considered a dining surface. The issue of whether a portion of a bar or dining counter in a restaurant is required to be accessible is subjective. The assumption is that if other types of seating are provided adjacent to the counter, then services provided at the counterwill also be available at the adjacent seating; therefore, if ade- quate accessible seating is available adjacent to the bar area, the bar is not required to be lowered. If the y� ACCESSIBILITY l eeWOo Figure 1108.2.9.1 EXAMPLE OF DINING SEATING bar is the only eating or dining surface in a restaurant or in a separate room in the restaurant, then a portion of the bar must be made accessible. 1108.3 Self-service storage facilities. Self-service storage facilities shall provide accessible individual self -storage spaces in accordance with Table 1108.3, :• This section addresses facilities that provide self -stor- age units or spaces. These types of facilities are often storage garages located in long rows. Some facilities also provide climate -controlled storage within large multistory warehouses. The key is that the storage is moved in and out and accessed by the renter of the space. The intent is to provide access for persons with disabilities to this service without requiring the entire facility to be accessible. TABLE 1108.3 ACCESSIBLE SELF-SERVICE STORAGE FACILITIES TOTAL SPACES IN MINIMUM NUMBER OF FACILITY REQUIRED ACCESSIBLE SPACES I to 200 5%, but not less than 1 Over 200 10, plus 2% of total number of units over 200 -.-The minimum number of accessible spaces is based on the total number of self -storage spaces available in a facility, 1108.3.1 Dispersion. Accessible individual self-service stor- age spaces shall be dispersed throughout the various classes of spaces provided. Where more classes of spaces are provided than the number of required accessible spaces, the number of accessible spaces shall not be required to exceed that required by Table 1108.3. Accessible spaces are permitted to be dis- persed in a single building of a multibuilding facility. :• Self -storage facilities may offer a variety of spaces, such as heated/non heated, different sizes, etc. If the variety offered is greater than the number of accessi- 2009 INTERNATIONAL BUILDING CODEG° COMMENTARY 11-43 ry, ACCESSIBILITY 2c� c, "Al live/work unit would be regulated in the same manner as a stand-alone commercial occupancy. 1103.2.14 Detention and correctional facilities. In deten- tion and correctional facilities, common use areas that are used only by inmates or detainees and security personnel, and that do not serve holding cells or housing cells required to be accessible, are not required to be accessible or to be served by an accessible route. :• Section 1107.5.5 addresses when sleeping units, special holding or housing cells and medical care units in detention and correctional facilities are required to be accessible. If the purpose of any com- mon or shared space is to serve only the associated cells that are not required to be accessible (e.g., shared bathrooms or living space serving a specific group of cells), then those common or shared spaces are not required to be accessible. 1103.2.15 Walk-in coolers and freezers. Walk-in coolers and freezers intended for employee use only are not required to be accessible. -.-Walk-in coolers and freezers usually have features that make accessibility difficult. For thermal efficiency they may have raised floors, special door seals, unconventional door -operating hardware, tight inter- nal storage, wheeled racking systems, etc. For these and other reasons they are not required to have an accessible entry or to be accessible within. Walk-in coolers and freezers may also be considered exempted under Section 1103.2.3. Coolers that are accessed from the front by customers would need to comply with operable parts and display criteria on the public side (see Sections 1109.9.2 and 1109.13). SECTION 1104` ACCESSIBLEROUTE'; 1104.1 Site arrival points. Accessible routes within the site shall be provided from public transportation stops; accessible parking; accessible passenger loading zones; and public streets or sidewalks to the accessible building entrance served. Exception: Other than in buildings or facilities containing or serving Type B units, an accessible route shall not be required between site arrival points and the building or facility entrance if the only means of access between them is a vehicular way not providing for pedestrian access. -.-The intent of this section is to require an accessible route from the point at which one enters the site to any buildings or facilities that are required to be accessible on that site. It is presumed that people with disabilities are capable of gaining access to the site from such locations as accessible parking, public transportation stops, loading zones, public streets or sidewalks. The exception addresses vehicular routes that pro- vide the only route between an arrival point and an accessible entrance. An accessible route for pedes- trian access is not required except in buildings or structures having or serving Type B units. For exam- ple, if there is a bus stop at the front of an industrial complex, but the only route to the building entrance is via a long driveway, an accessible pedestrian route to that entrance from the bus stop is not required. For special considerations in residential developments, see the commentary to Sections 1107.4, 1107.7.4, 1107.7.5, 1109.15.1 and 1109.15.2. s 1104.2 Within a site. At least one accessible route shall con.s-1 nett accessible buildings, accessible facilities, accessible ele= ments`and accessible spaces that are on the same site. Exception: An accessible route is not required between accessible buildings, accessible facilities, accessible ele- ments and accessible spaces that have, as the only means of access between them, a vehicular way not providing for pedestrian access. Developments may include several buildings on the same site. The intent of this section is to require an accessible route to all facilities offered on a site. Often sites are designed such that the only way to reach a building or facility is by automobile. If there are multiple, separated parking areas serving one or more buildings on a site, an accessible route is required between all such parking facilities and the buildings they serve. If there is an exterior feature, such as a swimming pool, located on a site contain- ing multiple buildings, an accessible route is required from each building to the swimming pool. The excep- tion clarifies that an accessible route is not required where no pedestrian access is otherwise intended or provided to a particular building or feature on the site. For special considerations in residential develop- ments with recreational facilities, see the commentary to Sections 1107.3 and 1109.15. 1104.3 Connected' spaces. When a building' or portion of a building is'required to be accessible' an accessible route'shall ,' be provided to each portion of the building, to accessible ;s building entrances connecting accessible pedestrian; walk- ways and the public way. Exceptions: a l:''In'a building, room or spacd used for assembly put - poses with fixed seating,,; an accessible route shall not be)required to serve: levels where wheelchair spaces are not provided! a 2. In Group I-2 facilities, doors to sleeping units shall be exempted from the requirements for maneuvering clearance at the room side provided the door is a minimum of 44 inches (1t18 mm) in width. This section, requires that there be at least one route: from an accessible entrance to all required accessi- ble features within a building. if an area is addressed` with a,specific exception, then an accessible route is,l not required. for example„ mechanical'' penthouses are <exempt under Section 1103.2.9; therefore, an accessible route would not be required to this area;' Once someone gets into a space, they must also be able to evacuate in an emergency situation.: This l 11-B 2012 INTERNATIONAL BUILDING CODE° COMMENTARY Z6r7 fi5c ACCESSIBILITY may or may not be via the same route, For accessible'' means of egress requirements;' see Section 1007.`` Exception T reemphasizes that levels in assembly seating that do not'containwheelchair seating .Iota-. tions are not required to be accessed by arf accessi-,'' ble route; however,; the types of Services available in the facillty'-must be considered when determining' what services: must be available to accessible seats. A route Is required to services from accessible seats; in accordance with Section 1108.2.1 Exception 2 recognizes the practical implications of door maneuvering clearances on the room side at in - swinging doors in smaller sized patient sleeping rooms in hospitals and nursing homes. The maneu- vering clearance is still required on the outside of the Accessible patient sleeping room door. Since the maneuvering' clearance in ICC A117.1 is based on the size of the door, there is no credit provided for the wider 44-inch (1118 mm) door width (required in Sec- tion 1008.1.1 in Group 1-2 for movement of bed) ver- sus the standard 36-inch (914 mm) wide door. Without this exception a patient room would likely require extra width when a toilet room is located on the same wall as the door. Due to operational proce- dures and observation needs, the door position is normally open, therefore, the need for door maneu- vering clearance on the interior side is reduced. At hospitals, nursing homes and rehabilitation centers, the patient room door Is usually closed only when pri- vacy is needed during procedures. The percentage of Accessible units and Type B units in hospitals, nursing homes and rehabilitation centers is addressed in Sections 1107.5.2, 1107.5.3 and 1107.5.4. Maneuvering clearances are pall of an accessible route, and accessible routes connect accessible elements; therefore, maneuvering clear- ances at patient sleeping rooms that are not Accessi- ble or Type B units are not required since an accessible route is not required. For additional infor- mation on when Type B units are required in institu- tional facilities, see the commentary to Section 1107. 1104.3.1 Employee work areas. Common use circulation paths within employee work areas shall be accessible routes. Exceptions 1. Common use circulation paths, located within employee worlc areas that are less than 1,000 square feet (93 in') in size and defined by permanently installed partitions, counters, casework or furnish- ings, shall not be required to be accessible routes. 2. Conanon use circulation paths, located within employee work areas, that are an integral component of equipment, shall not be required to be accessible routes. 3. Common use circulation paths, located within exte- rior employee worlc areas that are fully exposed to the weather, shall not be required to be accessible routes. This requirement for common use circulation paths within employee work areas is consistent with the exception in Section 1103.2.3. An accessible route is required to each employee work area. When employ- ees share work areas, an accessible route must be available throughout that area. Note that the accessi- ble route minimum width of 36 inches (914 mm) clear is consistent with the minimum means of egress path- ways. Exception 1 addresses the accessible route within small employee work areas. Shared work areas that are less than 1,000 square feet (93 m2) and confined by walls, partitions, permanently Installed equipment, cabinets and counters are not required to have an accessible route through that particular area. The square footage limitation does not always pertain to a room, but also to part of a room. The intent was to allow such areas as the last two work stations down an aisle, two or three work stations in a small office, the employee side of a beverage bar, portions of commercial kitchens, etc. An accessible route is required to these areas, but not necessarily through- out the area. There can be multiple exceptions within the same area, such as in a commercial kitchen. Again, modifications would be performed at a later date based on employee needs. Exception 2 permits nonaccessible areas around and through pieces of equipment. An example would be the shared work areas around a piece of assembly equipment in a factory where one or more persons are required to monitor and operate the machine and incoming or outgoing product. Exception 3 is an exception for outdoor work areas. This would be applicable to landscapers, sewer work- ers, gravel pit crews, etc. 1104.3.2 Press boxes. Press boxes in a building, room or space used for assembly purposes shall be on an accessible route. Exceptions: 1. An accessible route shall not be required to press boxes in bleachers that have points of entry at only one level, provided that the aggregate area of all press boxes is 500 square feet (46 m') maximum. 2. An accessible route shall not be required to free- standing press boxes that are elevated above grade 12 feet (3660 mm) minimum provided that the aggregate area of all press boxes is 500 square feet (46 m2) maximum. Press boxes are required to be served by an accessi- ble route. If the occupant load is five of Mess, this could be provided by a platform lift (see Section 1109.8, Item 3). Exception 1 is mainly applicable to press boxes located at the back of the bleacher seating in an out- 2012 INTERNATIONAL BUILDING CODE® COMMENTARY 11-9 ACCESSIBILITY 1107.7.5 Design flood elevation. The required number of Type A units and Type R units shall not apply to a site where the required elevation of the lowest floor or the lowest hori- zontal structural building members of nonelevator buildings are at or above the design food elevation resulting in: 1. A difference in elevation between the minimum required floor elevation at the primary entrances and vehicular and pedestrian arrival points within 50 feet (15 240 man) exceeding 30 inches (762 mm), and 2. A slope exceeding 10 percent between the minimum required floor elevation at the primary entrances and vehicular and pedestrian arrival points within 50 feet (1.5 240 nun). Where no such arrival points are within 50 feet (15 240 mm) of the primary entrances, the closest arrival points shall be used. 4• Residential structures in flood hazard areas must be elevated (see Section 1612). If, based on the required floor elevation, the criteria in either Item 1 or 2 are met, It is considered that an accessible route to the units is not feasible. This section applies to both Type A and Type B dwelling units [see Figures 1107.7.5(1) and 1107.7.5(2)]. Flood -resistant requirements, in part, address con- cerns about public safety, The code provides for reductions in the level of accessibility in residential facilities without elevators that are elevated to comply with Section 1612. Note that the exception is based on the required design -flood elevation. If the first -floor elevation is higher than the design -flood elevation by choice, the measurement would still be from the design -flood elevation rather than the actual floor ele- vation. SECTION 1108'+ SPECIALOCCUPANCIES 't=" 1108.1`General. In addition to the other requirements of tbis chapter, the requirements of Sections 1108.2 through 1108.41 -:'The criteria provided herein are occupan and are Intended to result in a reasonal accessibility in areas with assembly seatir vice storage facilities and judicial facilities. specific, level of 1108.2 Assembly area seating. A building, room or space used for assembly purposes with fixed seating shall comply with Sections 1108.2.1 through 1108.2.5. Lawn seating shall comply with Section 1108.2.6. Assistive listening systems shall comply with Section 1108.2.7. Performance areas viewed from assembly seating areas shall comply with Sec- tion 1108.2.8. Dining areas shall comply with Section 1108.2.9. 4-Sections 1108.2.1 through 1108.2.8 specifically address facilities with fixed seating utilized for pur- poses of viewing an event, typically facilities and spaces of occupancies of Groups A-1, A-3, A-4 and A-5. These criteria would also be applicable in assembly -type spaces with fixed seats that are located in buildings of other occupancies. The requirement for access to services; number and dis- persion of wheelchair spaces and their associated companion seats; designated aisle seats; lawn seat- ing; assistive listening systems and performance areas are addressed. The requirements for seating in areas for eating or drinking, typically Group A-2 spaces or facilities, and the dispersion of this seating are addressed in Section 1108.2.9. 1108.2.1 Services. If a service or facility is provided in an area that is not accessible, the same service or facility shall be provided on an accessible level and shall be accessible. This section establishes an important concept. The intent is that all types of services provided by a facility must be accessible. For example, a stadium may have a particular section of seating that is not acces- sible (assuming that the required number and disper- sion of spaces is in compliance with the code). This section establishes that if a souvenir stand is located in or near that section, one of three circumstances would apply: an additional souvenir stand must be provided in the facility on an accessible level; the souvenir stand would have to be relocated to an accessible level or the section where the souvenir stand is located must be made accessible. This sec- tion also emphasizes that not only must that service or facility be located on an accessible level, but the service itself must also be accessible. Obviously, it would be inappropriate to locate a souvenir stand on an accessible level if the approach or entrance to that area is Inaccessible. 1108.2.2 Wheelchair spaces. In theaters, bleachers, grand- stands, stadiums, arenas and other fixed seating assembly areas, accessible wheelchair spaces shall be provided in accordance with Sections 1108.2,2.1 through 1108.2.2.4. :• The intent of this section is to provide a reasonable number of spaces in an assembly occupancy with fixed seating to accommodate persons who use wheelchairs. Demographic statistics from the National Center for Health Statistics on the number of noninstitutionalized Americans who use wheelchairs indicate that these requirements are realistic. These required wheelchair spaces consist of an open, avail- able floor space in which the wheelchair takes the place of the fixed seat that would otherwise occupy that space. Section 1108.2.3 is consistent with ICC Al17.1 in requiring companion seating adjacent to each wheelchair space. 1108.2.2.1 General seating. Wheelchair spaces shall be pro- vided in accordance with Table 1108.2.2.1. •Y°The number of required wheelchair spaces is indi- cated in Table 1108.2.2.1 and is based on the total number of fixed seats set up to view the same event, with the exception of box seats covered in Sections 1108.2.2.2 and 1108.2.2.3. For example, the fixed seating on all levels and all types provided in a sports stadium, excluding box seats, isused to calculate the 2012 INTERNATIONAL BUILDING CODED COMMENTARY 11-37 ACCESSIBILITY 17- 1C. ql the theater, then an accessible route (e.g., ramp or platform lift) to the stage must also be provided within the theater. An accessible route must also be pro- vided to any ancillary areas, such as greenrooms or practice/warm-up rooms. The intent is that a person with mobility impairments could participate in the event. This could include high school graduation with students coming from the audience up onto the stage to receive their diplomas; participating with the com- munity band; playing in the orchestra for a perfor- mance; acting in a production or giving a speech. Technical production areas for the stage are exempted under Section 1103.2.8. 1108.2.9 Dining and drinldng areas. In dining and drinking' areas, all interior and exterior floor areas shall be accessible.'' Exceptions 1. An accessible route between accessible levels and stories above or below is not required where permit- ted by Section It 04.4, Exception 1. 2. In buildings or facilities not required to provide an accessible route between stories, an accessible route to a mezzanine is not required, provided that the mezzanine contains less than 25 percent of the total area and the same services, decor and amenities are provided in the accessible area. 3. In sports facilities, tiered dining areas providing seating required to be accessible shall be required to have accessible routes serving at least 25 percent of the dining area, provided that accessible routes serve accessible seating and where each tier is pro- vided with the same services. 4. Employee -only work areas shall comply with Sec- tions 1103.2.3 and 1104.3.1. :• Dining and drinking areas most frequently occur in Group A-2 buildings (restaurants, cafeterias, night- clubs, dinner theaters, etc.). The provisions of this section are intended to govern such areas, rather than the criteria specified in Sections 1108.2.2 through 1108.2.5. This section requires the total floor area allotted for dining and drinking to be accessible, including areas with tables and chairs, bar seating, standing spaces, gaming areas, outdoor decks, etc. An accessible route would be required to dining areas that are raised or lowered by one or more risers. The intent is that a person with a disability may not be able to get to every seat, but they will still have a choice of tables. The four exceptions specifically address tiered dining areas in sports facilities and dining on mezzanine levels. Exception 1, with a reference back to Exception 1 in Section 1104.4 exempts a basement, mezzanine or second floor from being served by an accessible route, provided the aggregate area of the nonacces- sible levels is 3,000 square feet (278.7 mz) or less. Keep in mind that a mezzanine is required by Section 505.2 to have a clear height below of at least 7 feet (2134 mm). Therefore, Exception 1 cannot be applied to platforms or raised floor areas. Exception 2 is intended to acknowledge a practical and reasonable limitation in buildings with a mezza- nine level that provides less than 25 percent of the total area for dining and drinking. In addition, all ser- vices and amenities provided in the mezzanine must also be available in an accessible area. Any mezza- nine condition that does not meet the criteria of this exception does not qualify for the exception and must be served by an accessible route. Nonqualifying examples are as follows: a dining mezzanine that contains 25 percent or more of the total dining area; a raised or depressed dining area that is not actually a mezzanine; and a mezzanine level that contains the only area where a specific service or amenity is pro- vided, like a bar or private party room. The area of the mezzanine is not limited by this exception to 3,000 square feet (278.7 m'); it could be a larger area or a smaller area. Exception 3 is for sports facilities. Some sports facilities also have accommodations for dining or pic- nicking while watching the event. For line -of -sight issues, the dining terraces are tiered. If the same ser- vices are available on the accessible level as any other level, only 25 percent of the dining area is required to be on an accessible route. Section 1109.8 allows platform lifts to provide access to these levels when the sporting event and dining facilities are out- doors, such as at a baseball park. At this time the code does not contain specific information on tiered dining facilities that also have issue of line of sight for viewing an event, such as a dinner theater or dinner seating during a sport event such as at a racetrack. These types of spaces may want to look at the provisions for both dining (see Section 1108.2.9) and seating for viewing an event (see Section 1108.2.2) and develop a reasonable compromise. Exception 4 is simply a reference to employee work area exceptions. Employee work areas may be within the mezzanine levels, such as the area behind a bar. 1108.2.9.1 Dining surfaces. Where dining surfaces for the consumption of food or drink are provided, at least 5 percent, but not less than one, of the dining surfaces for the seating and standing spaces shall be accessible and be distributed throughout the facility and located on a level accessed by an accessible route. :• Section 1108.2.9.1 establishes the criteria for the per- centage of spaces at tables, booths, bars and coun- ters that will be used for eating or drinking that must . be accessible. This criteria is consistent with Section 1109.11 for the required percentage of accessible built-in surfaces in all other occupancies. The acces- sible surfaces are also required to be distributed throughout the facility such that a comparable choice of locations and types (i.e., tables, booths, counters, etc.) is available (see Figure 1108.2.9.1). This requirement, in conjunction with Section 1108.2,9, provides a reasonable and appropriate degree of accessibility throughout dining areas. The result is that a person with a mobility impairment will be able 11.42 2012 INTERNATIONAL BUILDING CODER COMMENTARY CITY OFIOWA CITY March 20, 2014 To: Board of Appeals From: Tim Hennes, Senior Building Inspector Re: . Commercial Kitchen Vent Hood Termination Staff has been asked to review current code requirements to help iclentify options that best address the concerns about noise from restaurant exhaust equipment and the impact on adjacent residential property. Staff's recommendation is that Council consider revisions in the mechanical code to regulate exhaust hood terminations in commercial and residential zones. We do not recommend applying these restrictions in industrial zones. Specifically, staff is drafted a code amendments that would restrict commercial hood exhaust terminations to roofs, except where an exhaust could terminate at an exterior wall that is adjacent to an alley. Roof -mounted terminations can be prohibited within 10 feet of an exterior wall or property line, minimizing or eliminating their appearance from a public street, sidewalk, or adjacent private property. Exhaust terminations into a public alley can likewise be required to be installed not less than 10 feet from a property line or a building comer. (Mechanical codes already restrict the location of exhaust terminations around windows and air intakes). Our plan review sequence already provides opportunities for staff to work with builders and designers, whether in building plan review, site plan review, or staff design review. The proposed code amendments would mitigate the noise and aesthetic impacts of commercial hood exhaust systems by encouraging building owners to build in hood termination locations that would allow for future restaurant tenants in new buildings. They would also be applied to existing buildings where a change in use requires the installation of a commercial hood and exhaust, Staff also gave consideration to amending the nuisance code and/or noise ordinance, and concluded that using the nuisance code or noise ordinance would be less effective than a proactive approach during plan review. Our enforcement staff would not be available to measure noise output during evening hours of operation, and it is not always possible to isolate the causes of ambient noise in high -traffic areas. Cc:. Doug Boothroy, Director, Neighborhood and Development Services Stan Laverman, Sr. Housing Inspector Ryan Olson, Building Inspector Sue Dulek, Assistant City Attorney Brian Greer, Fire Marshal Proposed Amendment to the 2009 International Mechanical Code 506.3.12 Exhaust outlets serving Type I hoods. Exhaust outlets for grease ducts serving Type I hoods shall conform to the requirements of Sections 506.3.12.1 through 506.3.12.3. 506.3.12.1 Termination above the roof. Exhaust outlets that terminate above the roof shall have the discharge opening located not less than 40 inches (1016 mm) above the roof surface. 506.3.12.2 Termination through an exterior wall. Exhaust outlets shall be permitted to terminate through exterior walls in accordance with 506.3.12.3, where the smoke, grease, gases, vapors and odors in the discharge from such terminations do not create a public nuisance or a fire hazard. Such terminations shall not be located where protected openings are required by the International Building Code. Other exterior openings shall not be located within 3 feet (914 mm) of such terminations. 506.3.12.3 Termination location. Exhaust outlets for• new construction Chance of Occupancy, or change of Building Code. Exhaust outlets shall be located not less than 10 feet (3048 mm) horizontally from parts of the same or contiguous buildings, adjacent buildings and adjacent property lines and shall be located not less than 10 feet (3048 mm) above the adjoining grade level. Exhaust outlets shall be located not less than 10 feet (3048 man) horizontally from or not less than 3 feet (914 mm) above air intake openings into any building.. Exception: Exhaust outlets shall terminate not less than 5 feet (1524 mm) from parts of the same or contiguous building, an adjacent building, adjacent property line and air intake openings into a building where air from the exhaust outlet discharges away from such locations. 506.4 Ducts serving Type II hoods. Single or combined Type 11 exhaust systems for food -processing operations shall be independent of all other exhaust systems. Commercial kitchen exhaust systems serving Type II hoods shall comply with Sections 506.4.1 and 506.4.2. 506.4.1 Ducts. Ducts and plenums serving Type II hoods shall be constructed of rigid metallic materials. Duct construction, installation, bracing and supports shall comply with Chapter 6. Ducts subject to positive pressure and ducts conveying moisture -laden or waste -heat -laden air shall be constructed, joined and sealed in an approved manner. 506.4.2 Type II terminations. Exhaust outlets serving Type Il hoods shall terminate in accordance with the hood manufacturer's installation instructions and shall comply with all of the following: 1. Outlets for new construction, Chance of Occupancy, o change of use shall terminate above roof level k. 2. Exhaust outlets shall terminate not less than 3 feet (914 mm) in any direction from openings into the building. 2-.3. Outlets shall terminate not less than 10 feet (3048 mm) from property lines or buildings on the same lot. 3. 4. Outlets shall terminate not less than 10 feet (3048 mm) above grade. 4 5. Outlets that terminate above a roof shall terminate not less than 30 inches (762 mm) above the roof surface. 6. Outlets shall terminate not less than 30 inches (762 mm) from exterior vertical walls 6 7. Outlets shall be protected against local weather conditions. 8. Outlets shall not be directed onto walkways. & 9. Outlets shall meet the provisions for exterior wall opening protectives in accordance with the International Building Code. *For reference only, 2009International Building Code. 3202.3.2 Windows, balconies, architectural features and mechanical equipment. Where the vertical clearance above grade to projecting windows, balconies, architectural features or mechanical equipment is more than 8 feet (2438 mm), 1 inch (25 mm) of encroachment is permitted for each additional 1 inch (25 mm) of clearance above 8 feet (2438 mm), but the maximum encroachment shall be 4 feet (1219 mm).