Second Floor Tasting Room

[RBB]

We're considering purchasing a building, 2 stories, 1500 square feet on each.

One thing we're considering is putting the tasting room on the second floor, brewery on the first floor.

However, the only access to the second floor is by stairs.

Would this violate the ADA? Is there a workaround?

[rdcpro]

The answer is pretty easy to find here: https://www.ada.gov/reachingout/title3l3.html

Note the bit at the end...even though you don't have an elevator, your bathrooms and facilities still must be accessible.

Be sure to check, though, because I'm no expert in this! And the date of construction of the building may make a difference, along with how many modifications you plan.

For example, supposedly the exemption was ok (less than 3K sq. ft, though the article doesn't state the ground floor area): http://www.press-citizen.com/story/n...ible/13503081/
But that didn't prevent this consent decree: https://www.ada.gov/30_hop/30_hop_cd.html

So, now I don't know what to think!

Regards,
Mike Sharp

III-5.4000 Elevator exemption. Elevators are the most common way to provide access in multistory buildings. Title III of the ADA, however, contains an exception to the general rule requiring elevators. Elevators are not required in facilities under three stories or with fewer than 3000 square feet per floor, unless the building is a shopping center or mall; professional office of a health care provider; public transit station; or airport passenger terminal.
ILLUSTRATION 1: A two-story office building has 40,000 square feet on each floor. Because the building is less than three stories, an elevator is not required. (To qualify for the exemption, a building must either be under three stories or have fewer than 3000 square feet per floor; it need not meet both criteria.)
BUT: A two-story shopping center with 40,000 square feet on each floor is required to have an elevator, because shopping centers are not entitled to the exemption.
ILLUSTRATION 2: A four-story building has 2900 square feet per floor. An elevator is not required because each floor has less than 3000 square feet.

ILLUSTRATION 3: A four-story office building has 3500 square feet on the first floor and 2500 square feet on each of the other floors. An elevator is required. (All of the stories must be under 3000 square feet to qualify for the exemption.)
What is a "story"? A story is "occupiable" space, which means space designed for human occupancy and equipped with one or more means of egress, light, and ventilation. Basements designed or intended for occupancy are considered "stories." Mezzanines are not counted as stories, but are just levels within stories.
If a two-story building is not required to have an elevator to the second floor, must it provide a lift? No. The elevator exemption is a "vertical access" exemption. This means that no access by any means need be provided to the second floor. However, if an entity wishes to provide access by ramp or a lift, it is, of course, free to do so.
What if a building is not required to have an elevator, but the owner decides to install an elevator anyway? Must the elevator comply with ADAAG elevator requirements? Yes. And that elevator must serve every level of the building, unless it only provides service from a garage to one level of the building.
If a building is subject to the elevator exemption, do any other ADAAG requirements apply in the building? Yes. Even in buildings that are exempt from the elevator requirement, all other ADAAG requirements (apart from the requirement for an elevator) must still be met.
ILLUSTRATION: A two-story building will be used as real estate offices. There will be bathrooms on both the ground floor and the second floor. No elevator will be installed because it is not required in a building with less than three stories. However, the second floor bathrooms must still be accessible. In other words, both the ground floor and the second floor bathrooms must be accessible.
But why are accessible bathrooms and fountains required on the second floor when there is no way that an individual using a wheelchair can get to the second floor? There are many individuals who can walk up stairs by using crutches, but then use wheelchairs to get around once they reach the upper floor. Also, since the ground floor is being designed to be accessible, there is little additional cost involved in designing the second floor to be accessible as well. In addition, ADAAG contains accessibility features for individuals with disabilities other than those who use wheelchairs, and those features should be incorporated in building design. Finally, an elevator may be installed at a future date, or an addition with an elevator may be added later on. In addition, accessible design of bathroom facilities will foster ease of use by all persons.

[troybinso]

You should really get in touch with your local city or county planning/building inspection commission. They should have a pretty quick answer, and they are the ones that are going to make the final decision in the end.

[rdcpro]

What surprised me about that consent decree is that the city planning staff agreed with the 30 Hop owners that Title III didn't apply, but this didn't seem to matter once someone filed a complaint. So, in addition to talking with the planners, I'd suggest a conversation with the DoJ:

ADA INFORMATION LINE
The U.S. Department of Justice provides information about the Americans with Disabilities Act (ADA) through a toll-free
ADA Information Line.

800 - 514 - 0301 (voice)
800 - 514 - 0383 (TTY)

[RBB]

Hey guys, thanks for the feedback. We'll definitely be contacting the local municipal government on the subject, and I'll probably call the hotline mentioned as well.