Code Application Notice (CAN) 2-11B, 09-09-2014

Chapter 11B of the 2013 CBC requires all areas of newly constructed buildings and facilities and altered portions of existing buildings to be accessible and be served by an accessible route. Each portion of a room or space shall comply with the requirements for the use associated with that portion of the room or space. Alterations to existing facilities must include an accessible path of travel to the altered area including the elements that shall comply with Section 11B-202.4.

Alteration of single elements shall comply with the applicable requirements of Division 2 for that element. Alteration of a single element does not constitute an altered space and does not trigger path of travel requirements in and by itself. When multiple elements are altered in the same space, the entire room or space shall be made accessible, including path of travel requirements in compliance with Section 11B-202.4.

Example: The addition (or alteration) of an electrical outlet in a patient room is considered a single element and that outlet must be located within the reach range as required by Section 11B-308.1.2. A single element does not trigger Section 11B-202.4, and Exception 7 is not relevant. If the project includes alteration of other elements as well, then these are no longer "single" elements as addressed in Section 11B-202.3.3. These would then constitute an altered space.

Each altered element or space is relevant to projects occurring within the confines of a space(s) or room(s), or projects not occurring within the confines of a space(s) or room(s) as described below:

1. For projects that occur within the confines of a space(s) or room(s), the altered element or space is the entire altered space(s) or room(s).

Example: A project proposes to replace the ceiling in the entrance lobby of a hospital. The altered element or space is the entire entrance lobby. As required by Section 11B-202.3, the entire lobby must meet the requirements of Chapter 11B Division 2, including Section 11B-202.4 for path of travel requirements to the specific area of alteration.

A room or area outside of the specific area of alteration is not required to be made accessible, even if it is a required element of the unit in which the work is proposed.

Example: A project proposes to alter two CT scan rooms. The work will include equipment replacement, new flooring, new ceiling work, and modifications to the mechanical and electrical systems. The altered element or space, and the specific area of alteration, is the two CT scan rooms. A dressing room elsewhere in the same radiological/imaging service space is not within the specific area of alteration; therefore accessibility of the dressing room is not required as part of the proposed project. Note that a dressing room is not a toilet or bathing facility that serves the area of alteration. See Section 11B-202.4, item 2 in this CAN.

2. For projects not occurring within the confines of a space(s) or room(s), the altered element or space and the "specific area of alteration" shall be defined by the physical area in which work is to occur. In some cases the specific area of alteration is best described as a series of specific areas that may or may not be physically connected.

Example: A facility proposes to replace several of the windows and doors in a hospital. This type of replacement project affects a small portion of many rooms within a building. The specific area of alteration may be the immediate area of construction at each individual window and each individual door. Therefore, in this example, the altered element or space is a small portion of several different rooms. The requirements of Division 2 apply to each door, door hardware, and each window. Section 11B-202.4 requires an accessible path of travel to each individual door and window being replaced; an accessible primary entrance; and toilet and/or bathing facilities, drinking fountains, signs and telephones serving the area.

Example: A facility proposes to repair various fire/life safety deficiencies in a hospital. The scope of the project includes many locations throughout the hospital where fire dampers are added and wall penetrations are sealed (i.e. not eligible for Section 11B-202.4, Exception 7). Much of the proposed work occurs above the ceiling, but some work occurs below the ceiling. In this example, the altered element or space shall be defined as the immediate area of construction work, whether above the ceiling or below. The altered element or space does not automatically become the entire room in which a small repair occurs. In this case, a small portion of the rooms are being altered, and the altered element or space is the immediate area in which alteration work occurs. If any of the proposed work affects any accessibility requirements, it shall be made to comply with those requirements. In this example, it is probable that there would be no requirements that would be affected by fire damper and penetration sealing work. However, as required by Section 11B-202.4, this project shall provide an accessible primary entrance; and toilet and bathing facilities, drinking fountains, signs and public telephones serving the area.

Note: For projects without a well-defined specific area of alteration, the facility may provide the required accessibility features (path of travel, accessible toilet and bathing facilities, drinking fountains, signs and public telephones) in a central location.

Technically infeasible does not mean a financial or operational inconvenience. It is defined in CBC Section 202: "An alteration of a building or a facility that has little likelihood of being accomplished because the existing structural conditions require the removal or alteration of a load-bearing member that is an essential part of the structural frame, or because other existing physical or site constraints prohibit modification or addition of elements, spaces or features which are in full and strict compliance with the minimum requirements for new construction and which are necessary to provide accessibility."

If full compliance with the minimum requirements is found to be technically infeasible, the alteration shall include equivalent facilitation or comply with the requirements to the maximum extent possible. Under equivalent facilitation the project must result in substantially equivalent or greater accessibility and usability. The definition in CBC Section 202 includes the following note: "In determining equivalent facilitation, consideration shall be given to means that provide for the maximum independence of persons with disabilities while presenting the least risk of harm, injury or other hazard to such persons or others."