E-Book, Chapter 7 The Impact of Building Code and ADA Conformance on Renovation

Background: The State of US Schools and other US Facilities:

Every year, the US government puts together a report on the state of the nation’s schools. The 2021 State of our Schools Report stated:

“The nation annually spends $85 billion less than what’s needed to modernize its 100,000 public school buildings and keep them up to date with needed maintenance, according to the 2021 State of Our Schools report (check out this link to the report). The report is assembled by a coalition of nonprofit organizations including the 21st Century School Fund, the National Council on School Facilities, and the International Well Building Institute. The annual gap between what’s needed and what’s invested nationwide nearly doubled from $46 billion to $85 billion.

The State of the Schools Report also estimated the cost of renovating a typical K-12 school building is $343 per square foot, but more recent estimates suggest that the current cost may have risen above $400, said Mary Filardo, executive director of the 21st Century School Fund. 

Other recent reports on US schools, from the Federal Department of Education, gave the schools a D+ for condition and estimated that the average US school needed $4.3 million to restore the school to good condition. There are 180,000 K-12 schools in the US. The D+ rating and per school cost estimate adds up to $7.7 trillion dollars.

The larger problem rests in another report that 45% of the US schools are now 50 years old or older. Facilities can typically survive for 50-60 years on system replacement and cosmetic remodeling.  However, like humans, the 60-year mark is a dividing line for easy health decisions. By 60 years old, Facilities enter into a stage that starts the cycle and planning for significant renovation.

For Years, code and ADA conformance issues have been kicked down the road as facilities have focused on remodeling, routine maintenance, and system replacement. Now, at 50 years of age, a renovation cycle is due. Building Code and ADA issues can no longer be avoided, depending on the level and type of renovation employed.

The following is a brief introduction of the impact of building code and the ADA Guide on the coming renovation cycle.

How Does the IBC affect Renovation?

The IBC, International Building Code is the governing code for US states. The IBC has 35 chapters and 700 pages. Fourteen (14) pages, of which, are dedicated to the topic of renovation. Chapter 7 covers in-kind replacement of systems. Chapter 8 covers Level One and Level Two alterations.

Level One Renovation

Level One Renovation is defined as less than 50% alteration. The code defers to limited conformance requirements for renovation occurring to less than 50% of the building. More stringent code conformance updates are triggered by changes in windows, exits, paths of egress, space reconfiguration, and a change or extension of a system.

Level Two Renovation

Level Two is defined as affecting more than 50% of the building.

Subcodes

Subcodes are typically available in each state to further define the scope of renovation and remodeling.  Subcodes are typically divided into 4 categories:

1. Repair
2. Alteration
3. Change of Occupancy
4. Addition

Renovation vs. New Construction

From a regulatory standpoint, it is impractical and often impossible to hold existing buildings to the same standard as new buildings. However, renovation projects can trigger requirements for substantial life-safety, accessibility, and energy performance improvements to existing buildings. When planning a renovation project, it is important to determine early in the process the degree of code compliance that will be required. This article focuses on some of the common circumstances under which the greatest degree of building code, accessibility, and energy code compliance would be required.

The primary drivers of code conformance requirements for renovation are the ADAG and Life Safety Systems surrounding fire alarms, fire suppression, path of travel, and construction related fire protection assemblies.  Increasingly, legislation surrounding energy performance and petro-based systems is challenging the in-kind replacement of systems and is advancing comprehensive changes in the system that have been in place from the 20th century. For more information concerning Energy Code Conformance issues, please see Chapter 6 of this E-Book.

How does the American Disability Act Guide - affect Renovation?

Most of the public's understanding of ADA is focused on Title III - Places of Public Accommodation. Most are not aware that ADA includes 4 Titles, each covering a different aspect of accessibility.

ADAG, American Disability Act Guide states that 20% of the renovation budget needs to be allocated to upgrading ADA non-conformance. This is not a comprehensive budget but is targeted to specific areas of the building. For instance, if a budget for remodeling a restroom is created, 20% of the budget for the restroom must be allocated for ADA upgrades, if necessary. If a restroom or lobby is remodeled or renovated, 20% of the budget needs to be allocated to ADA compliance.

Accessibility  Conformance   - An Introduction to ADA laws            

Accessibility priorities can be reduced to 3 major categories:

1.     Access to Building Entrances

2.     Access through Buildings

3. Restroom Accessibility

When accessibility is considered, the laws in the US include both ADA and Fair Housing. ADA is actually divided into 4 categories or “Titles” and it is important to understand how each of these Titles affect accessibility compliance goals. The following summary information is taken from: https://www.ada.gov/resources/disability-rights-guide/

TITLE I:  Employment

Title I requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. For example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment. It restricts questions that can be asked about an applicant’s disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship. Religious entities with 15 or more employees are covered under Title I.

TITLE II: Facilities owned and operated by State and Local Governments

Title II covers all activities of State and local governments regardless of the government entity’s size or receipt of Federal funding. Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings).

State and local governments are required to follow specific architectural standards in the new construction and alteration of their buildings. They also must relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing, vision, or speech disabilities. Public entities are not required to take actions that would result in undue financial and administrative burdens. They are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided.

Title II: Transportation

The transportation provisions of Title II cover public transportation services, such as city buses and public rail transit (e.g. subways, commuter rails, Amtrak). Public transportation authorities may not discriminate against people with disabilities in the provision of their services. They must comply with requirements for accessibility in newly purchased vehicles, make good faith efforts to purchase or lease accessible used buses, remanufacture buses in an accessible manner, and, unless it would result in an undue burden, provide paratransit where they operate fixed-route bus or rail systems. Paratransit is a service where individuals who are unable to use the regular transit system independently (because of a physical or mental impairment) are picked up and dropped off at their destinations.

TITLE III: Places of Public Accommodation

Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities. Public accommodations are private entities who own, lease, lease to, or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors’ offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by Title III.

Public accommodations must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment. They also must comply with specific requirements related to architectural standards for new and altered buildings; reasonable modifications to policies, practices, and procedures; effective communication with people with hearing, vision, or speech disabilities; and other access requirements. Additionally, public accommodations must remove barriers in existing buildings where it is easy to do so without much difficulty or expense, given the public accommodation’s resources.

TITLE IV:  Telecommunications Relay Systems

Title IV addresses telephone and television access for people with hearing and speech disabilities. It requires common carriers (telephone companies) to establish interstate and intrastate telecommunications relay services (TRS) 24 hours a day, 7 days a week. TRS enables callers with hearing and speech disabilities who use TTYs (also known as TDDs), and callers who use voice telephones to communicate with each other through a third-party communications assistant. The Federal Communications Commission (FCC) has set minimum standards for TRS services. Title IV also requires closed captioning of Federally funded public service announcements.

How do Individual State Accessibility Requirements affect Renovation?

Each state has its own take on Accessibility conformance and enforcement. In most states, accessibility compliance can be assessed by professionals who profess competency in Accessibility Laws. No certification is required. However, over the last 10 years, Texas and California have introduced training and certification programs TAS (Texas Accessibility Standards) and CASP (California Accessibility Specialist) which is required by state law for consultants to provide ADA consultation.

In general, there are two basic standards for conducting an accessibility assessment. Level One is typically defined as a limited, visual-based checklist that does not require measurements. This method is outlined in ASTM E2018-15 Baseline Guide for Property Condition Assessment. The other method is typically defined as a Level Two assessment. A Level Two Assessment typically requires and detailed, measured, and photographed study of conformance issues. There is no national consensus as to when a Level One or Level Two Assessment is required. The decision is based on the risk management expectations of the client.

Example: State-Based Accessibility Mandate -  Massachusetts

In Massachusetts, for example, the degree of accessibility compliance required is established based on the cost of construction in relation to the “full and fair cash value” of the building. If construction costs equal or exceed 30% of the “full and fair cash value” of the building, the entire building must be brought into compliance with the accessibility requirements of the Massachusetts Architectural Access Board. Upgrades to parking, building access, elevators, and restroom facilities are among the most common requirements. Following are two key points to keep in mind when determining the degree of compliance required:

The value of all work completed within a 36-month period must be considered; and, depending on the municipality, the assessed value of the building may, or may not represent the “full and fair cash  value” of the building.

Example: State-Based Accessibility Mandate - California

In California, every non-compliance is now subject to a $4,000 penalty. A parking lot that was striped with the wrong color paint was recently charged this penalty. This has become a problem for building owners as it has created a litigious culture in California to find small non-conformances.

Safe Harbors

Compliance with the ADA Guide has a variety of safe harbors that must be adjudicated legally and financially.  Exceptions to conformance requirements include, but are not limited to:

1.     Undue Financial Burden

2.     Historic Facility

3.     Religious Facility

4.     Non-Profit

5.     Businesses without Public Accommodation

6.     Businesses with 15 or less employees

7.     Structural complications

20% Rule

In a renovation, a 20% upgrade rule is enforced. Areas of the building that are specifically non-compliant for accessibility must have 20% of the renovation budget, for that particular area, set aside to improve accessibility. For instance, a restroom remodel budget must include 20% additional funding for improvements to accessibility, if the restroom is currently non-compliant. A lobby remodel has similar budget expectations.

Legal counsel is important to help client’s determine how to proceed with renovation decisions, taking into account the limitations and requirements of the ADA Guide.  Exceptions are available in the guide, sometimes referred to as Safe Harbors.

Summary

Facility Condition Assessments are the first step to preparing for and prioritizing your asset management goals. Having consistent and defensible data will help you to plan for and budget for the coming landslide of renovation.  This E-Book attempts to identify and explain the issues related to the coming renovation cycle. In the next chapter, we will look at “Hitting the Sweet Spot for Renovation, Restoration, and Adaptive Reuse.

For more information on the coming renovation cycle and the impacts of capital planning decision making from multiple perspectives, access the E-book to read more:

1.     The state of US Educational Facilities

2.     Hitting the sweet spot for renovation, restoration, repurposing

3.     The impact of Structure

4.     The impact of Infrastructure

5. The Impact of Building Envelope Issues

6.     The impact of Energy Efficiency Goals and Legislation

7.     The impact of Renovation and Remodeling Codes

8.     The impact of Space Utilization and Education Objectives

9.     The Impact of Replacement, Remodeling, and Renovation cycles

10. The Importance of budgeting and cost engineering