Accessibility Requirements
Accessibility Requirements for Existing Buildings and Structures
Purpose: The purpose of this summary is to assist property owners, tenants, design professionals, and contractors in understanding the requirements for providing accessibility for existing buildings pursuant to the Ohio and the Cincinnati Building Codes. These requirements apply to any change of occupancy, additions, and alterations to existing buildings, including buildings designated as historic. This document also provides guidance for technical infeasibility, cost disproportionality, hierarchy of improvements, and utilization of the public right of way as it applies to accessibility for existing buildings.
Please note: While the spirit and intent of the Americans with Disabilities Act and the building code are the same, the technical provisions are not. A new building or renovated space must be carefully designed to meet the requirements of both laws. However, the City of Cincinnati only enforces the Cincinnati and Ohio Building Codes, and therefore this publication does not include any information regarding the ADA.
Background: The provisions of Sections 3411.1 through 3411.9 of the 2011 Ohio Building Code (OBC) applied to change of occupancy and alterations to existing buildings, including those identified as historic buildings until March 1, 2024, the state of Ohio adopted the 2024 Ohio existing building code. The following summarizes the accessibility requirements for existing buildings in the City of Cincinnati using the 2011 Ohio Existing Building Code and the 2017 ICC/ANSI A117.1 Standard.
Accessibility Requirements Pursuant to 2024 OEBC :
Alterations to Existing Construction
Alterations and new components to a space or area in an existing building shall be fully accessible. The accessible route to the altered area must be upgraded to a limit of 20 percent of the cost of the alterations (this includes mechanical, electrical and plumbing).
For example: A new office tenant is to fill a suite at an existing office building. The alteration in the suite includes new offices, corridors and open office area. Cost: $100,000. Therefore, $20,000 or 20 percent of the total project cost must be spent to upgrade the accessible route. Please see the section below on Disproportionate Costs for more details on this concept.
COMMON IMPROVEMENTS TO UPGRADE THE ACCESSIBLE ROUTE
- Accessible entrance
- Accessible lavatories
- Door clearances
- Signage
- Wheelchair accessible toilets
- Accessible drinking fountains
- Levered door hardware
306.5 Change of occupancy.
Existing buildings that undergo a change of group or occupancy shall comply with Section 306.7.
Exception: Type B dwelling or sleeping units required by Section 1108 of the building code are not required to be provided in existing buildings and facilities undergoing a change of occupancy in conjunction with alterations where the work area is 50 percent or less of the aggregate area of the building.
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. Section 3411.6 of the OBC, as shown below identifies what relief technical infeasibility provides.
306.7 Alterations.
A facility that is altered shall comply with the applicable provisions in Chapter 11 of the building code, ICC A117.1 and the provisions of Sections 306.7.1 through 306.7.16, unless technically infeasible. Where compliance with this section is technically infeasible, the alteration shall provide access to the maximum extent technically feasible.
Exceptions:
- The altered element or space is not required to be on an accessible route, unless required by Section 3411.7.
- Accessible means of egress required by Chapter 10 are not required to be provided in existing buildings and facilities.
Please see the section below titled Technical Infeasibility for a more detailed discussion of this subject.
Accessibility Elements – Scoping for Alterations
The following are highlights of provisions of the OEBC that are related to specific accessibility elements. Please refer to the OEBC for a full listing of accessibility requirements.
- 306.7.5 Entrances. Where an alteration includes alterations to an entrance that is not accessible, and the facility has an accessible entrance, the altered entrance is not required to be accessible unless required by Section 306.7.1. Signs complying with Section 1112 of the building code shall be provided.
- 306.7.8 Platform lifts. Platform (wheelchair) lifts installed in accordance with ASME A18.1 shall be permitted as a component of an accessible route.
306.7.6 Accessible route. Exterior accessible routes, including curb ramps, shall be not less than 36 inches (914 mm) minimum in width.
Disproportionate Costs:
306.7.1.1 Disproportionate costs and alternative compliance.
Alterations required to be made to provide an accessible path of travel to the altered area will be deemed disproportionate to the overall alteration when the cost exceeds twenty percent of the cost of the alteration to the primary function area. The determination of disproportionate costs is to be made and applied in accordance with the following:
1.Costs that may be counted as expenditures required to provide an accessible path of travel may include:
1.1.Costs associated with providing an accessible entrance and an accessible route to the altered area, for example, the cost of widening doorways or installing ramps;
1.2.Costs associated with making restrooms accessible, such as installing grab bars, enlarging toilet stalls, insulating pipes, or installing accessible faucet controls;
1.3.Costs associated with providing accessible telephones, such as relocating the telephone to an accessible height, installing amplification devices, or installing a telecommunications device for deaf persons (TDD);
1.4.Costs associated with relocating an inaccessible drinking fountain.
2.Required accessible features in the event of disproportionality.
2.1.When the cost of alterations necessary to make the path of travel to the altered area fully accessible is disproportionate to the cost of the overall alteration, the path of travel is to be made accessible to the extent that it can be made accessible without incurring disproportionate costs.
2.2.In choosing which accessible elements to provide, priority should be given to those elements that will provide the greatest access, in the following order:
2.2.1.An accessible entrance;
2.2.2.An accessible route to the altered area;
2.2.3.At least one accessible restroom for each sex or a single unisex restroom;
2.2.4.Accessible telephones;
2.2.5.Accessible drinking fountains;
2.2.6.When possible, additional accessible elements such as parking, storage, and alarms.
3.Series of smaller alterations. The obligation to provide an accessible path of travel is not to be evaded by performing a series of small alterations to the area served by a single path of travel if those alterations could have been performed as a single undertaking.
3.1.If an area containing a primary function has been altered without providing an accessible path of travel to that area, and subsequent alterations of that area, or a different area on the same path of travel, are undertaken within 3 years of the original alteration, the total cost of alterations to the primary function areas on that path of travel during the preceding three-year period is to be considered in determining whether the cost of making that path of travel accessible is disproportionate.
As a part of the building permit submittal package, the “Alteration Cost of Accessibility Certificate” shall be completed to document that the 20% requirement is being met.
Technically Infeasible:
Defined in Chapter 2 as “TECHNICALLY INFEASIBLE. An alteration of a facility that has little likelihood of being accomplished because the existing structural conditions require the removal or alteration of a load-bearing member that is an essential part of the structural frame, or because other existing physical or site constraints prohibit modification or addition of elements, spaces or features which are in full and strict compliance with the minimum requirements for new construction and which are necessary to provide accessibility.”
Discussion: This does not mean, for example, that the need to alter a single structural beam relieves the owner of complying with accessibility requirements. Where a condition of infeasibility exists, compliance shall be done to the extent feasible as determined by the building official. Priority must be given to provide an accessible entrance to buildings undergoing a change of occupancy or alteration. The designer is charged with creating reasonable accommodations to access the building. If deemed technically infeasible, consideration shall be given to create a solution to the maximum extent technically feasible. In areas where the proposed compliance methodology causes an encroachment into the Right-of-Way, the designer must demonstrate that a solution within the building envelope is not technically feasible before attempting to utilize the Right-of-Way as a solution. This shall be documented by the designer by completing the attached “Determination of Technical Infeasibility”.
When it is technically infeasible to meet the building code requirements for accessibility within the building envelope and changes are being proposed within the public right of way, then the Department of Transportation and Engineering (DOTE), Right of Way Management Section and Architecture and Urban Design Section, must review and approve accessibility encroachments PRIOR to the building permit issuance from DBI. DOTE will not approve (conditionally or otherwise) any building permit with encroachments in the right of way without an approved easement. DOTE will not approve a sidewalk encroachment greater than 3’-6” into a 10 ‘wide or wider sidewalk. Any items in the sidewalk and collector strip that are approved to be removed to create a clear width of 4’ must be done at the developer’s expense. All doors that swing towards the right of way should be recessed with a depth equal to the width of the door. DOTE will permit up to a 5% sidewalk cross-slope to aid in building access. It must be noted that building accessibility work in the right of way must conform to the OBC regulations.
Where access is achieved from the side or rear of the building, proper signage complying with section 1111.2, must be installed at the main entrance to instruct individuals how to access the building. The accessible route shall not pass through kitchens, storage rooms, restrooms, closets, or similar spaces.
Historic Buildings
Historic Buildings are defined as:
Any building or structure that is one or more of the following:
- 1.Listed, or certified as eligible for listing, by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places, in the National Register of Historic Places.
- 2.Designated as historic under an applicable state or local law.
- 3.Certified as a contributing resource within a National Register, state designated or locally designated historic district.
Alterations and additions to historic buildings shall be required to meet the criteria discussed above, as appropriate, unless technically infeasible. Then the provisions listed in the technical infeasibility section above shall be followed. However, when compliance with the requirements for accessible routes, ramps, entrances, or toilet facilities threaten or destroy the historic significance of the building or facility, the following may be required as an alternative:
- 306.7.16.1 Site arrival points.
Not fewer than one exterior accessible route, including curb ramps from a site arrival point to an accessible entrance, shall be provided and shall not be less than 36 inches (914 mm) minimum in width. 306.7.16.2 Multiple-level buildings and facilities. An accessible route from an accessible entrance to public spaces on the level of the accessible entrance shall be provided.
§ 1435-09. Any proposed exterior alteration to a building or structure in a City of Cincinnati historic district also must be reviewed and approved by the Board of Historic Conservation. For questions about these requirements please call the Office of the Urban Conservator at (513) 352- 4848 or email urban.conservator@cincinnati-oh.gov.