The project is the alteration of an existing secondary school to change the accessible path of travel from a main floor of the school to the elevated theatre stage. It is proposed to replace an existing stair lift with a new ramp.
The existing stair lift does not accommodate some newer power wheelchairs. Further, a replacement lift will not readily fit in the available space.
A proposed new ramp is considered by the owner, staff, and users, to be the optimal alternative to a stair lift. However, to fit the ramp within the available space without significantly impacting stage usability and school security, the proposed ramp length exceeds the allowable length between landings and the width of the lower landing is less than required.
Sentence 1.1.1.2.(1), Division A, Application to Existing Buildings
(1) Where a building is altered, rehabilitated, renovated or repaired, or there is a change in occupancy, the level of life safety and building performance shall not be decreased below a level that already exists. (See Note A-1.1.1.2.(1).)
A-1.1.1.2.(1) Application to Existing Buildings. (excerpt)
. . . In developing Code requirements for new buildings, consideration has been given to the cost they impose on a design in relation to the perceived benefits in terms of safety. The former is definable; the latter difficult to establish on a quantitative basis. In applying the Code requirements to an existing building, the benefits derived are the same as in new buildings. On the other hand, the increased cost of implementing in an existing building a design solution that would normally be intended for a new building may be prohibitive.
The successful application of Code requirements to existing construction becomes a matter of balancing the cost of implementing a requirement with the relative importance of that requirement to the overall Code objectives. The degree to which any particular requirement can be relaxed without affecting the intended level of safety of the Code requires considerable judgment on the part of both the designer and the authority having jurisdiction. . .
Article 3.8.3.5., Division B, Ramps (excerpts)
(1) Except when designed as a curb ramp in accordance with Clause 3.8.3.4.(1)(b), a ramp located in an accessible path of travel shall
(c) have a level area not less than 1 700 mm by 1 700 mm at the top and bottom . . .
(d) have a level area not less than 1 350 mm long and at least the same width as the ramp
(i) at intervals not more than 9 m along its length . . .
Sentence 3.8.4.5.(1), Division B, Alterations and Occupancy Change
(1) Where an existing building is altered or renovated, or where the occupancy is changed, access shall be provided in conformance with Subsections 3.8.2. and 3.8.3. where providing such access would be practical.
The proposed new ramp does not comply with the Code requirements regarding the permitted ramp length between landings and the bottom landing size requirement. As this is an existing building without a stage access ramp, the proposed ramp is not a requirement. The existing lift could be modified to address any problem related to its size.
The Code permits deviations from the accessible design requirements when altering existing buildings. This allows owners to, on a practical basis, improve accessible facilities while accommodating existing conditions.
In this case, various options were considered because a replacement stair lift to accommodate all wheel chairs would not fit in the available space. The proposed design, using a ramp, was found to be the most practical. The design was endorsed by the school staff, including the physical therapist, and it provides for student dignity, independence, safety, and inclusivity.
The proposed ramp is a single slope and is 11.44 m between the top and bottom landings but it maintains the important maximum slope of 1 in 12. An intermediate landing could be provided within the space available but ramp slope, rather than length, was identified to be the most critical design feature.
The lower landing is 1700 x ~1400 mm rather than the 1700 x 1700 mm required. The accessible design standard indicates that the 1700 mm dimensions are intended to allow users of 95% of wheeled mobility devices to turn 180 degrees. To compensate for the reduced width, a door at the edge of the landing is equipped with power operators and an adjacent corridor beyond the door provides ample room for maneuvering.
The Board reverses the decision of the local authority.
It is the determination of the Board that the alteration of the existing building, including the construction of the proposed ramp, landing, and associated features, is acceptable and does not reduce the level of building performance below that which already exists.
The Code allows some deviations from accessible, or any, design requirements when altering an existing building. The degree to which deviations are allowed requires considerable judgement on the part of the owner and the local authority.
In this case, the Board considers the deviations to be acceptable based on the supporting documentation provided by the owner, consultants, and prospective users. Replacing the stair lift with one of sufficient size to suit all users is not feasible given size limitations within the space. Provision of a ramp and landing as proposed by the appellant is reasonable. In this alteration the costs, as well as the negative impacts to stage usability and to school security, outweigh the incremental benefits of providing ramps shorter than 9 m and a larger landing.
Don Pedde
Chair, Building Code Appeal Board
Dated: April 17, 2025