3411.1 Scope. The provisions of Sections 3409.1 through 3409.9 3411.1 through 3411.9 apply to maintenance, change of occupancy, additions and alterations to existing buildings, including those identified as historic buildings.
Exception: Type B dwelling or sleeping units required by Section 1107 of this code are not required to be provided in existing buildings and facilities being altered or undergoing a change of occupancy.

3411.2 Maintenance of facilities. A building, facility or element that is constructed or altered to be accessible shall be maintained accessible during occupancy.

3411.3 Extent of application. An alteration of an existing element, space or area of a building or facility shall not impose a requirement for greater accessibility than that which would be required for new construction. Alterations shall not reduce or have the effect of reducing accessibility of a building, portion of a building or facility.

3411.4 Change of occupancy. Existing buildings that undergo a change of group or occupancy shall comply with this section.
Exception: Type B dwelling or sleeping units required by Section 1107 of this code are not required to be provided in existing buildings and facilities undergoing a change of occupancy.

3411.4.1 Partial change in occupancy. Where a portion of the building is changed to a new occupancy classification, any alterations shall comply with Sections 3411.6, 3411.7 and 3411.8.

3411.4.2 Complete change of occupancy. Where an entire building undergoes a change of occupancy, it shall comply with Section 3411.4.1 and shall have all of the following accessible features:
1. At least one accessible building entrance.
2. At least one accessible route from an accessible building entrance to primary function areas.
3. Signage complying with Section 1110.
4. Accessible parking, where parking is being provided.
5. At least one accessible passenger loading zone, when loading zones are provided.
6. At least one accessible route connecting accessible parking and accessible passenger loading zones to an accessible entrance. Where it is technically infeasible to comply with the new construction standards for any of these requirements for a change of group or occupancy, the above items shall conform to the requirements to the maximum extent technically feasible.

3411.5 Additions. Provisions for new construction shall apply to additions. An addition that affects the accessibility to, or contains an area of, a primary function shall comply with the requirements in Section 3411.7.

3411.6 Alterations. A building, facility or element that is altered shall comply with the applicable provisions in Chapter 11 of this code and ICC A117.1, unless technically infeasible. Where compliance with this section is technically infeasible, the alteration shall provide access to the maximum extent technically feasible.
Exceptions:
1. The altered element or space is not required to be on an accessible route, unless required by Section 3411.7.
2. Accessible means of egress required by Chapter 10 are not required to be provided in existing buildings and facilities.
3. The alteration to Type A individually owned dwelling units within a Group R-2 occupancy shall meet the provision for a Type B dwelling unit and shall comply with the applicable provisions in Chapter 11 and ICC A117.1.
4. Type B dwelling or sleeping units required by Section 1107 of this code are not required to be provided in altered existing buildings and facilities where there is no elevator service or where the work area is less than 50 percent of the aggregate area of the building.

3411.7 Alterations affecting an area containing a primary function. Where an alteration affects the accessibility to, or contains an area of primary function, the route to the primary function area shall be accessible. The accessible route to the primary function area shall include toilet facilities or drinking fountains serving the area of primary function.
Exceptions:
1. The costs of providing the accessible route are not required to exceed 20 percent of the costs of the alterations affecting the area of primary function.
2. This provision does not apply to alterations limited solely to windows, hardware, operating controls, electrical outlets and signs.
3. This provision does not apply to alterations limited solely to mechanical systems, electrical systems, installation or alteration of fire protection systems and abatement of hazardous materials.
4. This provision does not apply to alterations undertaken for the primary purpose of increasing the accessibility of an existing building, facility or element. Type B dwelling units shall not be considered areas containing a primary function areas.

3411.8 Scoping for alterations. The provisions of Sections 3411.8.1 through 3411.8.12 shall apply to alterations to existing buildings and facilities.

3411.8.7 Accessible dwelling or sleeping units. Where Group I-1, I-2, I-3, R-1, R-2 or R-4 dwelling or sleeping units are being altered or added, the requirements of Section 1107 for Accessible units apply only to the quantity of spaces being altered or added.

3411.8.8 Type A dwelling or sleeping units. Where more than 20 Group R-2 dwelling or sleeping units are being added, the requirements of Section 1107 for Type A units apply only to the quantity of the spaces being added.

3411.8.9 Type B dwelling or sleeping units. Where four or more Group I-1, I-2, R-1, R-2, R-3 or R-4 dwelling or sleeping units are being added, the requirements Section 1107 for Type B units apply only to the quantity of the spaces being added.

Reason: This proposal responds to concerns from the Building Owners Managers Association, the National Association of Home Builders and the National Multi-Housing Council who have testified against previous proposals that United Spinal Association has submitted to achieve compliance with the requirements of the Fair Housing Accessibility Guidelines in alterations to existing dwellings units. Concerns that compliance with the Type B requirements would be difficult to achieve if the building qualified for the site impracticality exception has been addressed in this proposal as compliance is only triggered if there already is an elevator in the R-2 occupancy. Elevators would not have been required had the site qualified for the site impracticality exception. In addition to the elevator, the work area would have to impact an aggregate of 50% or more of the building.

Cost Impact: 1. The code change proposal will increase the cost of construction