Commercial Zoning and ADA Compliance

[Matthew Watson]

We just closed on an up/down duplex in Dundee on Underwood that is zoned residential. Residential properties being converted to office and/or retail space is very popular in this area and many of the old homes have already been converted. The upstairs unit in our property is already setup perfectly to be used as office space while the downstairs would be great as an apartment. As a result we were hoping to rezone it to commercial so that we could rent the upstairs as offices. I spoke with the Omaha planning department and they advised me that due to us changing the use of the building then we would now have to abide by the commercial building code as well as being ADA compliant. He said that this would most likely mean that we would have to put in an elevator so that the second floor is handicap accessible. He also stated that there are ADA exclusions but was unable to assist in how I can figure that information out. Does anyone have any experience in doing this or have any recommendations on who I can call to see if there is a way around having to put in an elevator? I am going to call the Omaha Human Rights and Relations Department tomorrow and see if they can help at all. The individual in the planning department that I spoke with suggested that the other properties on the block that have done this must have been rezoned before ADA compliance was adopted. This seems a little excessive seeing as we aren't planning on altering the structure at all...

[Jim Adrian]

@Matthew Watson

The building official is correct about updating the codes and ADA.  Remember the codes are based on functions and use of the space and keeping people safe.  In the 2010 ADA guidelines you will need to look at chapter 2 for ways out of it like section 202.3 and 202.4.  You will need to have a horizontal fire rated floor of 1 hour per IBC 420.3 and 711.3.  This now triggers having fire rated shafts and dampers between the spaces.  Will add extra cost to the project. 

If your residences need to comply with hud or fair housing act then you need to compy with a different ADA version I believe which is the 2015 ABA Standards.  I know confusing! huh! 

ADA -

https://www.ada.gov/2010ADAstandards_index.htm

https://www.access-board.gov/guidelines-and-standards/buildings-and-sites/about-the-ada-standards

https://www.gpadacenter.org/

IBC -

 Free Codes https://codes.iccsafe.org/index.html/

Code list: https://www.iccsafe.org/about-icc/government-relations/map/nebraska/

ABA -

https://www.access-board.gov/guidelines-and-standards/buildings-and-sites/about-the-aba-standards

See last few lines of the last paragraph with regards to the Uniform Federal Accessibility Guide.