This Fall, during the final hearings on the 2006 International Building Code (IBC) Detroit, Michigan there were several significant changes that will impact both the life safety and accessibility for persons with disabilities.

The first will require areas of refuge, those safe-havens for wheelchair users located above and below the grade level of a building even if an automatic sprinkler system is provided in a building. In the 2003 IBC, the current edition of the Americans with Disabilities Act Accessibility Guidelines (ADAAG) as well as the revised ADA/ABA Accessible Guidelines, the installation of a sprinkler system would result in an exception for this critical component of an Accessible Means of Egress.

Ina building equipped with an automatic sprinkler system, everyone on a fire floor may be protected from the immediate dangers of the fire (because it is extinguished by the
sprinkler system) ambulatory persons quickly leave the dangers of smoke and toxic fumes as they proceed to enclosed exit stairs and descend toward the level of exit discharge. Many people with disabilities cannot use the stairs and because an area of refuge is not required, wheelchair users cannot take advantage of the protection of a smoke barrier and can only go into the corridor that is sure to fill with smoke and fumes to await further evacuation.

In another important decision, an amendment to a code change proposed by the US Housing and Urban Development (HUD) was passed ensuring that the International Building Code would retain its place as a “safe harbor” for compliance with HUD’s Fair Housing Amendments Act Accessibility Guidelines in its 2006 edition.

“It was important for the department to ensure that an accessible pedestrian route be provided from site arrival points to accessible building entrances unless the slope or finished ground level between accessible facilities and buildings exceed one unit vertical in 12 units horizontal or physical barriers or legal restrictions prevent the installation of an accessible route,” Director, of HUD’s Disability Rights Section, Cheryl Kent.

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.

Individual-owned condominium units are required to comply with the IBC’s accessibility requirements when there are four or more units in a building. When there are twenty or more units, 2% of the units are required to comply with the Type A requirements of the IBC’s accessibility-reference standard ANSI A117.1. Type A units mandate wheelchair maneuvering space be provided in at least one bathroom within the dwelling unit (if other bathrooms are provided they only have to provide reinforcement for future installation of grab bars, operable parts/receptacles within accessible reach ranges and doors that provide adequate clear width). In addition to the maneuvering clearance in the bathroom, water closets are required to be located adjacent to a wall so that reinforcement for the future installation of grab bars can be provided. The Virginia Building and Code Officials Association were successful in getting a code change that would allow an owner of an existing condo to comply with the less restrictive (Type B) requirements of A117.1 which are based on the Fair Housing Accessibility Guidelines, so that the installation of luxury items (e.g., jacuzzi, whirlpool, etc) could be installed.