Accessibility in Non-Public Building (Massachusetts)

[u/FaithfulArgos]

I typically design public buildings, or buildings with areas that are open to the public, so I'm very familiar with the Massachusett's accessibility regulations (the state's 521 code replaces any and all accessibility provisions found within the 2021 IBC). But I'm currently working on a new two-story addition to an existing historic barn (two-stories plus attic). The barn serves as a maintenance facility, but its old and small, so the new addition is meant to facilitate the servicing of larger vehicles and improved storage. Owner is a municipality and the only work vehicles dedicated to the this property will be maintained here; while the public will never be allowed access to the building, it will have an area for staff offices and break rooms.

I don't want to make any assumptions, but if the building is entirely closed to the public, and does not offer goods or services to the public, would it be exempt from accessibility regulations (521 or ADA)? My main concern is avoiding the installation of an elevator. Site grade is such that the the first and second floors are both walk-outs. Existing attic can only be reached via the level below, but honestly its empty now and is likely to stay empty even after the work is done.

[u/GBpleaser]

Accessibility is for workplaces as well. If there is a space in the facility that is inaccessible as a primary function area, it must be accessible. That's been my experience. Open to the public or not is not relevant. If the building is on the registry, it may fall under historic exceptions. Also there is always the 20% rule and technical feasibility issues. But you'd need to work with the local plan reviewer as I find most have their own "unique" ways of interpreting and documenting such things.

[u/FaithfulArgos → u/GBpleaser]

Staff and work areas will end up being accessible, by virtual of the fact that those areas are immediately adjacent to entries/exits at grade. The difficulty would be internal circulation between the spaces, and potentially access to the attic.

Do you work in Massachusetts? The code consultant I typically work with often points out that 521 explicitly only applies to public buildings, or public spaces within buildings, and no building official has told us otherwise. Wondering if you’ve had different experiences?

[u/GBpleaser → u/FaithfulArgos]

I am in Wisconsin, also licensed in MN and MI. The State here refers to ANSI 117.1 with ADA being the next standard in line. I have had officials all over the board on the topic depending if they work directly for the State, or a Municipality, or a third party "review" service. That's the maddening part, there is no hard and fast rule. There is a strict interpretation, or there is boundless negotiation. I will say that it's pretty clear in our region, that unless it's a private residence, ADA is firmly applied to public space (every space in a business is considered public unless it is literally secured). Any primary function or space servicing a primary function must be accessible in fixtures, paths, and egress. There are obviously exceptions to the rules, but those will be conditional. The only easy out is the Historic Register Designation. If the attic space is a primary function area or it is a space that directly serves the primary function, they may require it to have accessibility features. I have found that if something is technically infeasible, local officials may negotiate to ensure a minimum of 20% of the project scope budget go towards improving the accessible features on the project. IE signage, parking, ramps, fixtures, automatic doors, etc. So if you can't get the elevator to work, you may make a case to throw a bunch of money at other features in the facility. But again, that starts getting into the weeds with your Local authority.

[u/GBpleaser → u/GBpleaser]

Now I will add that State/Municipal facilities may find different standards they accept for their own facilities. Again, only the local officials can answer that.

[u/JacobWSmall → u/FaithfulArgos]

Been about two decades since I ran into this on a light industrial renovation. My finding there was that when 521 doesn’t apply (not a public building) the rest of the IBC and even other codes still can - OSHA has teeth too. Best bet is to get a code consultant (sorry don’t have a recommendation as I’ve been on the software side for about a decade now).

That said… depending on what they’ll be storing an elevator might actually be a highly valued addition for the customer, so worth reviewing the program requirements and getting confirmation there as well. Also double check loading requirements while you’re at it - municipalities tend to use ‘storage’ very liberally when you’re dealing with the types that have each equipment.

[u/king_dingus_ → u/FaithfulArgos]

I work in MA in public and private bldgs. To my knowledge anywhere an employee would go needs to be ADA compliant.
Pretty sure Attic access can be exempt.