CODE:

State Regulations for Barrier-Free Facilities

SECTION:

Chapter 11, Part III, Existing Buildings

QUESTION:

Section 1109.1 states that the provisions of Chapter 11, Part III, apply to renovation, alterations, and additions to existing buildings. Section 1110 contains the following definition: "Alteration is any change, addition, or modification in construction or occupancy." Based on the above referenced code sections or other code requirements, although no building permit is required, is an existing building required to be made accessible when there is a change of occupancy?

ANSWER:

No. It is the intent that Chapter 11, Part III apply only where there is construction involved to renovate, alter or add to an existing building for which construction contracts have been awarded prior to July 1, 1976. Existing buildings constructed after that date but which are changing occupancy with no change in construction are required to comply with the State Regulations for Barrier-Free Facilities in effect at the time of the building’s original construction permit.

NOTE: This is consistent with RCW 70.92.110, item (1), which provides an exception for "Buildings, structures, or portions thereof for which construction contracts have been awarded prior to July 1, 1976", and also is consistent with the intent of the ADAAG.

SUPERSEDES:

None

REQUESTED BY:

City of Yakima