From the Technical Assistance Desk:

I am a new code inspector for my municipality and don't completely understand all of the ADA design standard requirements. One of the things I am struggling with is the elevator exemption under the ADA. What facilities qualify for the exemption and which ones don't?


First, the accessible design standards under the ADA are enforced by the U.S. Department of Justice and other designated federal agencies. Second, there may be state requirements that don't allow for the elevator exception which is available under the ADA. In addition to the ADA requirements one must also be aware of state and local building code standards. Finally, state and local government entities don't qualify for the elevator exemption.

Elevators are the most common way to provide access in multistory buildings. Title III of the ADA, however, contains an exception to the general rule requiring elevators. Elevators are not required in facilities under three stories or with fewer than 3000 square feet per floor, unless the building is a shopping center or mall; professional office of a health care provider; public transit station; or airport passenger terminal.

If a two-story office building has 40,000 square feet on each floor then an elevator is not required because the building is less than three stories. To qualify for the exemption, a building must either be under three stories or have fewer than 3000 square feet per floor. It doesn't need to meet both criteria to qualify for the elevator exception. However, a two-story shopping center with 40,000 square feet on each floor is required to have an elevator, because shopping centers are not entitled to the exemption.

If a four-story office building has 3500 square feet on the first floor and 2500 square feet on each of the other floors an elevator is required. All of the stories must be under 3000 square feet to qualify for the exemption.

The ADA design standard defines a story as occupiable space, which means space designed for human occupancy and equipped with one or more means of egress, light, and ventilation. Basements designed or intended for occupancy are considered "stories. Mezzanines are not counted as stories, but are just levels within stories.

If a building isn't required to have an elevator but installs an elevator anyway that elevator must serve every level of the building, including mezzanines, unless it only provides service from a garage to one level of the building. Also, the elevator must comply with all other standards for elevators under the ADA.

Even in buildings that are exempt from the elevator requirement, all other ADAAG requirements (apart from the requirement for an elevator) must still be met. This would include making any bathrooms on the second floor accessible.

Types of facilities that don't qualify for the exemption include shopping centers or malls. A shopping center or mall is either:

• A building with five or more "sales or retail establishments," or
• A series of buildings on a common site, either under common ownership or common control or developed together, with five or more "sales or retail establishments."

Included within the phrase "sales or retail establishments" are those types of stores listed in the Title III regulations fifth category of places of public accommodations, such as, bakery, grocery store, clothing store, and hardware store. The term includes floor levels containing at least one such establishment, or any floor that was designed or intended for use by at least one such establishment.

Buildings housing the professional offices of a health care provider also don't qualify for the elevator exemption. A "professional office of a health care provider" is a location where a State-regulated professional provides physical or mental health services to the public.

If a physician has offices on the first floor of a 2 story building and the second floor has other types of offices an elevator is not required. However, if the second floor was designed or intended for use by a health care provider, an elevator would be required. The ADA's elevator exemption also does not apply to bus or train terminals or depots, or to airport passenger terminals.

For additional information regarding the accessible design standards under the ADA contact the Great Lakes ADA and Accessible IT Center at 800-949-4232 (Voice/TTY) or via our on-line contact form.

The Great Lakes ADA Center disseminates publications related to all aspects of the ADA to inform and raise awareness of disability issues and to foster voluntary compliance with the ADA. The Great Lakes ADA Center disseminates materials including posters, regulations and technical bulletins on various ADA topics. Materials are available in alternative formats.

The following documents provide information regarding the accessible design standards:

• Title III Regulations with ADAAG

Resource of the Month

To obtain the resource of the month or to receive hardcopy versions of the above materials contact the Great Lakes ADA and Accessible IT Center by calling 800-949-4232 (Voice/TTY) or via our on-line contact form.