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Changes of Occupancy to retain Accessibility Requirements

Currently, Chapter 34 (Existing Buildings) and the International Existing Building Code (IEBC) requires accessible features (i.e., accessible parking, accessible entrance, route to the primary function area) if a building changes from one use group to another (i.e., commercial to residential). As these features could be triggered without any alteration costs, many building owners and developers are against this requirement. They point to the Americans with Disabilities Act Accessibility Guidelines that only requires that 20% of the alteration costs to the primary function area (i.e., reason by the building is there) should be dedicated to providing an accessible route, accessible toilet rooms, drinking fountains and telephones. Disability advocates were concerned that this growing sentiment against providing these accessibility features when no alterations costs are incurred would result in enough votes by members of the International Codes Council (ICC) to eliminate the rule, however, the accessibility triggered when a building changes occupancy was retained.

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