|QUESTION: Are there new exceptions to the
requirements for elevators that do not appear in the state's amendment packet?
DETERMINATION: Pursuant to OAR 918-460-0015, and effective April
1, 1996, the 1996 OSSC has been further amended in the accessibility sections
related to elevators. These additional amendments do not appear in
the state's amendment packet. This new language implements Senate
Bill 326 (1995 Legislation) to establish exceptions to the requirements
for elevators in ORS 447.247 and to define "lowest flooring" and "overhead
ANALYSIS: The new amendments are attached to this advisory, and
that page may be cut out and inserted between pages 1-207.9 and 1-207.10
of the 1996 OSSC. The following is a summary explanation of the new changes:
- SECTION 1102 -- DEFINITIONS. Two new definitions, "Lowest
Flooring" and "Overhead Finish," have been added to clearly identify
the locations used to measure the height of the building pursuant to
ORS 447.247(1)(b) and (c). Importantly, these definitions only apply
to OSSC Chapter 11 and that statute. They do not apply to OSSC Section
106.3.2 or to the Architect's Law (ORS 671.030).
- SECTION 1108 -- FACILITY ACCESSIBILITY. Many significant changes
have occurred in this section, as follows:
Floor Level vs. Story: In many areas, the term "Floor
Level" has been replaced with the term "Story." The distinction between
a floor level and a story is very important. Chapter 11 has its own
definition of the term "Story," which is identical to the definition
of "Story" in the Americans with Disabilities Act Accessibility Guidelines
(ADAAG). Some examples are:
ORS 447.247 requires elevators in certain buildings with more than one
floor level. The exceptions in this section refer to stories. ORS 447.247(2)
allows the Building Codes Division to write rules creating elevator
exceptions that lessen the statutory requirements. The following exceptions
have been created:
- A basement designed to be occupiable is considered a story. See
the Chapter 11 definition of "Occupiable."
- A mezzanine is considered a floor level. See the Chapter 2 definition
- A building with one floor, one roof/ceiling assembly and ANY
number of approved mezzanines is considered a one-story building.
See the Chapter 11 definition of "Story."
Exception 1.5 is equivalent to the requirements in
ADAAG. This is a general exception applicable to the occupancies listed
in the exception.
Exception 1.6 is equivalent to the requirements in ADAAG.
The intent is that exceptions 1.5 and 1.6 work together. A minor
use (less than 3,000 square feet per floor level) occupancy mixed
with any of the occupancies in exception 1.5 is also exempt from
the elevator requirement.
Exception 2 changes the word "With" to the word "Without."
The distinction is that if an area is served with an accessible
route, an elevator can be exempted using exception 1.1. The actual
intent of this exception is to exempt those floor levels less than
4,000 square feet from the elevator requirement.
Exception 3 is equivalent to the requirements in ADAAG for
title III buildings and equivalent to the requirements in the Uniform
Federal Accessibility Standards (UFAS) for title II buildings. Additionally,
it incorporates the requirements in the proposed revisions to ADAAG,
which should be issued sometime in 1996 or 1997.
- SECTION 1112 -- ADDITIONS. Exception 2 was added to clarify
how the similar exception in Section 1108 would apply to additions.
(Authorized by ORS 447.247, adopted by OAR 918-460-0015, effective April
SECTION 1102 - DEFINITIONS
LOWEST FLOORING of a building is the lowest surface of a level,
story or floor, whether located below or above grade, except for the exceptions
listed in Section 1106.1.1.
OVERHEAD FINISH of a building is the lowest point of the interior
finished ceiling surface on the uppermost floor level required to be accessible,
but in no case shall this point be lower than the highest point used to
measure the clear height for an accessible route on that level, as required
in Section 1109.4.2.
SECTION 1108 - FACILITY ACCESSIBILITY
1108.3 Elevator and Platform Lifts
1108.3.1 Where required.
1126.96.36.199 Affected buildings. Elevators, provided in affected
buildings, shall comply with ORS 447.247. Where elevators are provided
in a building or portion thereof, at least one elevator shall serve each
floor level, including mezzanines.
EXCEPTIONS: 1. In affected buildings, other than those
listed in ORS 447.247(1)(a), elevators or other means of vertical access
need not be provided in the following circumstances provided that all
facilities and elements located on floor levels not served by an elevator
shall be accessible as required by this chapter:
SECTION 1112 - ADDITIONS
1.1 In a building of fewer than three stories, an elevator
need not be provided where ramps, grade-level entries or accessible
horizontal connections from adjacent buildings are provided to each
floor level provided all facilities, elements and spaces are connected
to an accessible route.
2. In private membership clubs and churches, an elevator need not be provided
where the level served without an accessible route is less than 4,000
square feet (372).
1.2 In a building of fewer than three stories, an elevator need not
be provided where the floor level which will not be provided with
an accessible route is less than 3,000 square feet (279)
in commercial facilities, private entities and places of public accommodation.
1.3 In a Group R, Division 1 hotel or motel of fewer than three stories,
an elevator need not be provided where all public and common use areas
and all accessible guest rooms are located on an accessible floor
1.4 In a parking garage of fewer than three stories, an elevator
need not be provided to an upper or lower floor level provided that
all of the accessible parking spaces are provided on a floor level
with an accessible route to an accessible building entrance or to
1.5 In a building of fewer than three stories, an elevator need not
be provided in the portion of the building that is of the following
1.6 In a mixed occupancy building of fewer than three stories, involving
a Group B or Group M Occupancy mixed with Group F, Division 1 or 2;
Group H, Division 1, 2, 3, 4, 5, 6 or 7; Group S, Division 1, 2, or
5; or Group U, Division 1 or 2 Occupancies, an elevator need not be
provided, if the Group B or Group M Occupancy is less than 3,000 square
feet (279) on any floor level without an accessible
- Group F, Division 1 and 2;
- Group H, Division 1, 2, 3, 4, 5, 6, and 7;
- Group S, Divisions 1, 2 and 5; and
- Group U, Divisions 1 and 2.
3. In affected buildings of fewer than two stories, an elevator need
not be provided in the portion of the building that is classified as
a Group I, Division 3 jail or prison, or similar occupancy, if:
- At least 5%, but not less than one cell or room, of the housing
or holding cells or rooms are accessible on an accessible route;
- Accessible cells are dispersed among all categories and types of
general housing and holding areas;
- At least one of each type of special holding cells provided for
uses such as protective custody, disciplinary detention, detoxification
and medical isolation is accessible; and
- All public-use, common-use and employee-use areas are accessible
on an accessible route.
1112.1 General. New additions shall comply with the requirements
for new construction and this chapter and may be made to existing buildings
without making the entire building comply.
EXCEPTIONS: 1. Additions of three or fewer dwelling units to Group
R, Division 1 apartment buildings need not comply with this chapter.
2. Elevators are not required in existing private membership clubs and
churches when additions not greater than 4,000 square feet (372)
in ground area are provided.