The other day, someone asked me if doors in temporary vestibules are required to be compliant with the accessibility standards and the ADA. If you live in a part of the US that does not have huge seasonal changes in weather, you may not be familiar with these temporary vestibules. I’ve seen them in New York City, Boston, Chicago, and other cities where winter weather drives the need for a barrier to keep restaurant patrons from being hit by a blast of cold air every time someone opens the door.
Newer buildings typically have permanent vestibules, but in some older buildings, temporary vestibules are installed during the winter months. The doors on the vestibules often have hardware that is not commercial grade, or that does not meet the requirements for egress or accessibility. For example, the doors may not be the proper width, or provide the required maneuvering clearance.
The question is this…are these temporary doors required to meet the requirements of the codes and standards? I don’t see an exception in the IBC that would apply, and the ADA Standards state “these requirements shall apply to temporary and permanent buildings and facilities.” It makes sense that the intent of the codes and standards would mean that these vestibules should comply…so why are so many of them non-compliant?
Have you run into this in your jurisdiction? WWYD?
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“WWYD” implies that we are involved in their design. My guess is that most of these are owner-purchased directly from installer without engineer/architect involvement. That said, it’s also my guess that hardware and anchoring not being commercial grade is a good thing because these would likely break away with a crowd pushing on them.
Hi Rick –
That’s not what I intend to imply with these posts…they are usually to ask what everyone’s experience has been or how readers would handle a particular situation. In this case I’m asking if anyone has insight on how the codes and standards apply to these vestibules, because there are quite a few AHJs who read iDigHardware. 🙂
– Lori
Agreed. I would love to know what a AHJ thinks of these.
The biggest complaint is they take up space on the sidewalks.
One would think the owner would have to pull a permit to build one of these due to the sidewalk encroachment but, considering the makeshift ones in my neck of the woods, I’m thinking not. Residential contractors/carpenters do the work with little to no code knowledge.
Yes, in my opinion the installation should comply with the IBC for new construction even though it maybe temporary. It may also be part of an accessible route an egress so how could it not comply when occupied or open for business.Having said that, when the owner buys directly from a vender it often gets overlooked. I have not seen any of these in my area.
You’re one of the lucky ones who doesn’t live in a state that is freezing in the winter! 🙂
– Lori
Lori,
Beyond the building code, there is a major question about private/public property, not to mention zoning setbacks when these so called temporary vestibules go near/on/over the street property line. When on or over the line, has the city or town given permission? If so, they are nuts without requiring a massive amount of liability insurance by the “encroacher.” If on private property, do they meet zoning setbacks? I suppose some jurisdictions have experienced this and written a bylaw that covers this situation. Good luck to these.
Paul DeBaggis
Thanks Paul!
– Lori
Lori,
My first and PC answer is to say that if I would see this drawing come across my desk, I would not approve it!!! Of course I would promptly receive a very quick phone call from my Village Administrator asking me if I was dropped on my head followed by the next question…Do you know who’s restaurant that is??? To be totally honest with you, I don’t know what I would do!!! I agree with John in that it would reduce the width of the sidewalk. When I get a request to have some outdoor seating out in front of a restaurant, I make sure that there is at least 5 foot clear walking space on their plan to allow for wheelchairs to pass. There is NO WAY that your example is ADA compliant!!! I do have this arrangement and set up on my local Whole Foods Store during the winter!! I may have to pay them a visit this week!!!
Thanks Kevin!
– Lori
In Toronto temporary ramps or shelters are not allowed and are often removed at the owners expense and fines are levied for obstruction of public areas
Interesting!!
When your talking about accessibility there is no such thing as temporary, If your going put one of these units onto your restaurant for the winter months a building permit would have to be granted. I would review for zoning, IECC, AAB rules in Regulations (Massachusetts) and IEBC. In my jurisdiction the days of ” do you know who owns that place” has been gone for along time. To be honest I would love for a City Counselor call me and say that…..but seriously if you or one of your loved ones has a disability, goes to that restaurant and can not get in!!!!! my phone would ring off the hook….
P Mclaughlin, CBO
Thanks Peter! I really appreciate your insight!
– Lori
Lori,
The IBC Section 3103 and IFC Chapter 31 include requirements for temporary structures. Temporary defined as a period less than 180 days. These additions on sidewalks would need to conform.
3103.1.1 Conformance. Temporary structures and uses
shall conform to the structural strength, fire safety, means
of egress, accessibility, light, ventilation and sanitary
requirements of this code as necessary to ensure public
health, safety and general welfare.
There are also requirements for permits, construction documents, location (distance from other buildings), and means of egress.
YES! Thanks William!
– Lori
Sounds like an old Cagney movie: Of course…….If you buy a few tickets to The Policemen’s Ball we may not notice it. 😮
It does present multiple problems, fortunately in Arizona during those frigid mid 40 degree overnight lows. We don’t have a lot of these type of problems
Shane,
Have you considered the semi enclosed patio that now had plastic curtains and heating appliance in them?
Flammability/combustibility should also be a concern. Especially, if you’re the neighbor.
If it is where I think it is, a famous Italian restaurant next to the Hotel Edison on 42nd st in NYC then you may understand the willingness of the city to look the other way; DOJ on the otherhand would take exception to this.