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We have a retail space on the first floor and installed kitchen equipment in the cellar, with a dumb waiter shaft going between floors. Do I need to upgrade my already-built dumb waiter to be ADA compliant for the kitchen workers below?

Yes, this upgrade is required. An accessible route must be provided for workers at the cellar level and as such BC 1109.6 applies (See below).

Only if the building has less than 3,000 SF per floor or is a 2-story building, generally an ADA compliant elevator would not be required. Because this is retail use, and the use at the cellar is not storage only, an ADA compliant elevator will need to be provided for the workers to have accessibility to the cellar level now that it includes the commercial kitchen. If the building is more than 5 stories the elevator cab must be sized to accommodate a stretcher as per 2011-018.

It is possible to file a CCD1 to determine if a LULA (Limited-Use/Limited-Application Elevators) could be approved for a specific need due to base building infrastructure or other hardship restrictions. If this is a prior code building LULA are generally disapproved per 1109.6.1.1 (See below).

1109.6 Elevators
All passenger elevators on an accessible route shall be accessible and comply with Section 3001.3.

1109.6.1 Limited-Use/Limited-Application (LULA) Elevators
LULA elevators shall comply with Section 408 (Limited-Use/Limited-Application Elevators) of ICC A117.1 and with Part XXV of ASME A17.1 and shall be limited to a maximum rise of not more than 25 feet (7620 mm) and serving not more than three contiguous levels. In new construction, such LULA elevators shall be permitted:

  1. 1. To be a part of the required accessible route where either a wheelchair lift complying with Section 1109.7 is permitted or a private residence elevator complying with Section 409 (Private Residence Elevators) of ICC A117.1 is permitted;
  2. 2. To be part of the required accessible route in places of religious services; or
  3. 3. In multilevel buildings and facilities not required to have an accessible route pursuant to the exceptions in Section 1104.4.

1109.6.1.1 Prior Code Buildings
In prior code buildings, LULA elevators shall be permitted to be a part of the required accessible route where the total floor area of the entire building is less than 10,000 square feet provided such LULA elevator is limited to a maximum rise of not more than 25 feet, serves not more than three contiguous levels, and elevators are not otherwise required by Chapter 30.

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