There seems to be a lot of confusion regarding the parallel (side) approach at sinks. The ADA, TAS and ANSI standards require all sinks and lavatories have a forward approach with a knee and toe clearance provided.

ADA and TAS (ANSI A117.1 similar) 606.2 Clear Floor Space. A clear floor space complying with 305, positioned for a forward approach, and knee and toe clearance complying with 306 shall be provided.

There are some exceptions that we will cover in this newsletter. Exceptions don’t have to be used, but if you need them, they are available.

Kitchen sinks WITHOUT a cook top or range

Exception 1. A parallel approach complying with 305 shall be permitted to a kitchen sink in a space where a cook top or conventional range is not provided and to wet bars.

The confusion in this exception is what is a “kitchen” sink. When there is not a clear definition in the definition section of the standards, they recommend that a dictionary definition may be used. TDLR did go on record as explaining what is their definition of kitchen with their Technical Memo TM2012-09.

In essense, a space with a fixed or built in cooking appliance will be considered a kitchen. And if the kitchen DOES NOT have a cooktop or range, then a parallel approach at the sink can be used.

The photo above is of a space with a built in oven. It is a built in cooking appliance, therefore it is considered a kitchen. Because this “kitchen” does not have a cook top or a range, the sink may have a parallel approach.

The photo above is of a space with a movable microwave oven on a shelf. Since the microwave is not built in, this is not considered a “kitchen” and a parallel approach cannot be used at the sink. The sink must have a forward appraoch with a knee and toe clearance as shown.

The photo above is of a space with a built in microwave oven and a built in range. This is considered a kitchen. And since it has a range, it cannot take the parallel approach exception and a knee clearance must be provided (as shown) at the sink.

The photo above is of a space with a microwave on the counter. Because the microwave is not built in, it is not considered a kitchen. Therefore, it cannot take the parallel approach exception and a knee clearance must be provided (as shown) at the sink.

Outdoor Kitchen Sinks

The photo below is of an outdoor kitchen for an office space. It is in essense an outdoor break area. The outdoor kitchen is scoped per TAS 212, 606, and 804. The sink is not eligible for 606.2 exception 1 because a fixed cooking facility is provided (grill). The parallel approach is not compliant because the kitchen does not meet the definition of a wet bar – it provides a fixed cooking facility and it is used as a range/cook top.

The photo above is of an outdoor break area with a sink and a range

Wet Bars

The photo above is of “wet bar” at a waiting room in a clinic

Lavatory at a private bathroom (accessed from a private office)

Exception 2. A lavatory in a toilet room or bathing facility for a single occupant accessed only through a private office and not for common use or public use shall not be required to provide knee and toe clearance complying with 306.

A office is deemed “private” if it is only for one person and not located in a common area. A “private” bathroom is deemed private if it is only accessed from the private office and only used by one person.

The image above is of a “private bathroom” that is accessed by a doctor’s office. The lavatory may take excepton 2

The photo above is of the lavatory at the private restroom that is accessed by a doctor’s office. The lavatory may take excepton 2 and can have a parallel approach.

The image above is of a restroom accessed from the staff break room. This is NOT a private bathroom and the lavatory must have a forward approach w

ANSI A117.1, ADA and TAS Residential Lavatory and Kitchen Sinks

Exception 3. In residential dwelling units, cabinetry shall be permitted under lavatories and kitchen sinks provided that all of the following conditions are met:

(a) the cabinetry can be removed without removal or replacement of the fixture;

(b) the finish floor extends under the cabinetry; and

(c) the walls behind and surrounding the cabinetry are finished

This exception can be taken only at residential dwelling units. If it is taken a door can be used to cover the knee clearance, but the floor finish must extend to the back wall and the pipes must be protected. In addition the cabinetry must be able to be removed without having to re-build the knee clearance.

The image above shows a sink at a residential dwelling unit that has doors in front of the knee space. Once the doors are open, the floor finish and all the side walls around the sink are finished as well.

Sinks and lavatories for children 5 years old and younger

Exception 5. A parallel approach complying with 305 shall be permitted to lavatories and sinks used primarily by children 5 years and younger.

The image above shows a sink at a classroom for children five years old and younger

Upcoming Classes

November 17, 2022

8:30-9:30 a.m.

“Understanding and Complying with Barrier-Free Requirements in Outdoor Spaces” 1 HR HSW Barrier Free CEU

Webinar for HalfMoon Education

The ADA is not the only Standard that requires clear floor space to be centered. The Fair Housing Design Guidelines and ANSI A117.1 also does. This newsletter will provide guidance on when the clear floor space in a residential dwelling unit must be centered.

Fair Housing Kichen Appliances

Fair Housing Clear Floor Space Bathroom Lavatories

A 30-inch x 48-inch clear floor space is required at the lavatory so a person who uses a wheelchair or scooter can get close enough to the basin and controls to use the fixture. When knee space is not provided for a forward approach, this 30-inch x 48-inch clear floor space must be parallel to the cabinet or counter front and centered on the basin.

ANSI A117.1 Washer and Dryer

611.2 Clear Floor Space. A clear floor space complying with Section 305, positioned for parallel approach, shall be provided. For top loading machines, the clear I floor space shall be centered on the appliance. For front loading machines, the centerline of the clear floor space shall be offset 24 inches (610 mm) maximum from the centerline of the door opening.

ANSI A117.1 Residential Kichen Work Surface

The image above shows a residential kitchen with a sink as well as a “work surface” which provides a forward approach. The work surface is required that the clear floor space below it be centered at the surface. The sink is not required to provide a clear floor space that is centered.

The image above shows a residential kitchen work surface and it is centered at the surface.

Part 2

Residential Kichen Work Surface

The image above shows a residential kitchen with a sink as well as a “work surface” which provides a forward approach. The work surface is required that the clear floor space below it be centered at the surface. The sink is not required to provide a clear floor space that is centered.

The image above shows a residential kitchen work surface and it is centered at the surface.

Altered Sales and Service counter

The image above shows an example of a counter which has a parallel approach at the lower counter and the clear floor space is also centered at the accessible portion. The length is unknown, but this would be an example of how the exception could be taken.

Playground transfer system

The image above shows a transfer system at an elevated play structure. There is room for the clear floor space to be centered at the platform.

Pool transfer walls and platforms

The image above shows a transfer wall with two grab bars at a jacuzzi. There is room for the clear floor space to be centered between the two grab bars.

1009.5 Pool Transfer Platform

1) Texas Association of Interior Design

Part 1

Drinking fountains

Drinking fountains are one of the elements listed in the ADA and TAS that require that the wheelchair drinking fountain have a clear floor space centered on the unit. The clear floor space must also be a forward approach.

602 Drinking Fountains

602.2 Clear Floor Space. Units shall have a clear floor or ground space complying with 305 positioned for a forward approach and centered on the unit. Knee and toe clearance complying with 306 shall be provided

The image above shows the required clear floor space at the drinking fountain. It must be a forward approach and it must be centered on the wheelchair accessible drinking fountain. If it is located at an alcove deeper than 24″ the clear floor space must be widened to 36″ wide.

There are two violations that occurr with this requirement. One is that sometimes the drinking fountains are located along a corridor and not in an alcove. This creates a protruding object issues (see this newsletter that explains that). In order to resolve the protruding object, a cane dectable apron is sometimes installed at the bottom of the “high” drinking fountain and the apron reduceds the ability to have a forward approach because it might be lower than 27″ a.f.f.

The image above shows how the clear floor space centered under the “low” drinking fountain spans below the “high” one and if there is an apron below the 27″ a.f.f. it will prevent the use of the drinking fountain by a wheelchair.

Number two is that sometimes the drinking fountains are located in an alcove and the walls creating the alcove reduce the 30″ clearance which must be centered. The wall adjacent to the wheelchair accessible drinking fountain should be a minimum distance of 15″ from the centerline of the drinking fountain to the inside of the wall.

The image above shows how the clear floor space centered under the “low” drinking fountain must be a minimum of 15″ from the center of the drinking fountain to the inner edge of the alcove.

Washer and Dryer

The image above shows a set of washer and dryer located inside a utility closet. The doors do not open 180 degrees and reduce the clear floor space to less than 24″ from the centerline of the dryer to the edge of the floor space.

Signage

The signage that designate permanent rooms must have an 18″x18″ clear floor space centered on the sign.

703 Signage

703.4.2 Location. ….Signs containing tactile characters shall be located so that a clear floor space of 18 inches (455 mm) minimum by 18 inches (455 mm) minimum, centered on the tactile characters, is provided beyond the arc of any door swing between the closed position and 45 degree open position.

The image above shows a sign which has a drinking fountain in front of it, therefore the requirement for a clear floor space centered on the sign has not been met.

Lavatories and Sinks

One of the misconceptions is that a clear floor space at the sink or lavatory is required to be centered. The approach must be forward, but the clear floor space is not noted as needing to be centered, like the other sections do. Therefore by omission we understand that the clear floor space can be offset.

606 Lavatories and Sinks

606.2 Clear Floor Space. A clear floor space complying with 305, positioned for a forward approach, and knee and toe clearance complying with 306 shall be provided.

The image above shows a wheelchair clear floor space that is not centered at the lavatory. The clear floor space under the lavatory can be offset if there is an obstruction such as a paper towel dispenser next to the lavatory.

Introduction:

1. Raised and Brailled Characters
2. Contrasting background
3. San Serif Fonts
4. If using Pictogram, there are requirements
5. If depicting accessible spaces the use of the ISA (International Symbol of Access)

Raised Characters

The accessible signage will require that the characters describing the space whether it be a number or letters, must be raised. They should be at least 1/32″ above the surface of the sign.

This graphic shows the minimum requirement for the raised characters of a sign.

There should also be Braille below the words that states the same words that are provided. So all words and numbers should be duplicated by Braille

The restroom had a painted sign on the door but the characters were not raised and it did not have brailled as a duplicate. This is not compliant

The restroom sign has both raised letters and characters and braille duplicated below the words. This is a compliant sign..

Pictograms

What are pictograms? It is a figure that represents the words of the sign. Pictograms are not required, but if you use them the field they are in should be 6″ minimum. The pictogram can be smaller than that, but the field must be at least 6″ tall.

The pictogram at this sign is located below the words describing it. That is not compliant

Introduction:

Changes to the Texas Accessiblity Standards have been proposed and are open for public comments. The new standard, once adopted would be called The 2022 Texas Accessibility Standards.

This newsletter will give you a few proposed changes. These have not been adopted yet, and if you have any comments for TDLR before they implement them, the comments will be accepted until May 9th, 2022 using this link

2022 Texas Accessibility Standards Changes

Here are a few of the changes that are being proposed:

1. Outdoor Developed Areas. There will be a brand new chapter for Outdoor developed areas, Section 245 and Chapter 11. These will include trails, beaches, camping and picnic areas (just to name a few).

2. Advisory. Many of the advisories have become part of the Standards

3. Definition of Alteration. The definition of “alteration” has change slightly to include clarification on “circulation paths”. It now includes flooring as part of the definition:

106.5.5 Alteration. A change to a building or facility that affects or could may affect the usability of the building or facility or portion thereof. Alterations include, but are not limited to, remodeling, renovation, rehabilitation, reconstruction, historic restoration, resurfacing of circulation paths or vehicular ways including carpets, floors, or fields, changes or rearrangement of the structural parts or elements, and changes or rearrangement in the plan configuration of walls and full-height partitions.

Normal maintenance, reroofing, painting or wallpapering, or changes to mechanical and electrical systems are not alterations unless they affect the usability of the building or facility

The exemption for employee work areas clarified what “approach, enter and exit” means

203.9 Employee Work Areas. …..

“Approach, enter, and exit” means that people using wheelchairs must be able to enter and back out of the space. Employee work area doors, doorways, and gates, therefore, must comply with TAS 404 except the maneuvering clearance is limited to the “enter” side unless required for egress by TAS 207.1.

The picture above shows the diagram which explains the requirements for a work area entrance.

4. Licensed Physical and Occupational Therapy spacesused to have to go through a variance process in order to allow them not to be accessible. The proposed changes makes them not required and will no longer need a variance.

203.15 Licensed Physical and Occupational Therapy Training Areas Including Bathrooms and Kitchens. Licensed provider areas that are purposefully inaccessible for the intent of training persons with disabilities to function in a simulated home environment for when they leave therapy and return home shall not be required to comply with accessible features. The user must be able to get to the area but may not necessarily be required to provide an accessible route within the space for training purposes. 

Physical Therapy areas will no longer require a variance not to comply

5. Electrical Vehicle Charging Stations. TDLR has issued many Technical Memos throughout the years. The 2022 TAS will incorporate some as part of the standards. One of them is about Electrical Vehicle parking and charging spaces. The requirements will now be part of the 2022 TAS in section 244, 208 and 502. 

This is the requirements from the Technical Memo for Electrical Vehicle Charging Stations. They will now be part of the new standards

.

A built example

A charging station. The 2022 TAS will require a clear floor space to reach the accessible one.

curb ramps located within the public right of way are proposed to have detectable warnings.

Be sure you get involved in the public comments. We need your voices and opinions to be heard to ensure that the Standards are clear and are providing proper guidance for design professionals so we can design and build environments for persons with disabilities that are inclusive and safe.

Introduction:

If you have been around for a minute in the building industry you have seen our esteemed “truncated domes” come and go, and come and go…well it happened again….When the ADAAG was published in 1991, there was a section called “Detectable Warnings”. These were elements used for people that were visually impaired to assist them in navigating their exterior environment. A detectable warning had texture and contrasting color so a person who used a cane could feel the texture as he walked and maybe if they had low vision they could detect a change in color. Both of these methods allowed them to be aware that there might be a hazard on its way.

The detectable warning texture was required to be “truncated domes” located at a curb ramp and later it was added to pedges at a train track platforms.

This is a curb ramp inside the property line with detectable warnings.

This is a train platform edge with detectable warnings.

The ADA Standards for Accessible Design and the Texas Accessibility Standards

After the 2010 ADA Standards for Accessible Design was passed into law, the rules about detectable warnings changed. Before, detectable warnings were required at curb ramps. The new version now only requires it at train platform edges. Curb ramps inside of the property line (which is all that ADA regulates) will no longer require texture or color on it.

The picture above built in microwaves mounted above the 48″ allowable reach range. They added a counter top microwave that was not built in. This does not alleviate the lack of reach range.

The figure above shows the requirement for detectable warnings listed in the Public Right of Way Guidelines

The curb ramp has detectable warnings per the Department of Transportation and the Public Right of Way Guidelines. Check your municipality to make sure what it requires

Introduction:

I perform ADA, Fair Housing and Texas Accessibility Standards on site inspection and assessments every Wednesday. Some days I find unique conditions that I like to share with you so we can learn from them and be sure they do not happen to you also. This newsletter will give you some of my latest intersting finds.

Vision Lights at Doors

The ADA requires that all doors that require user passage comply with all the portions of the section 404. Door that reqired “user passage”

But are all doors required to comply? What about doors that are only used for employees? The doors shown below are into a commercial kitchen. The vision lights for doors that allow user passage must be mounted no higher than 43″ a.f.f., but these type of doors have the vision light mounted higher. Here is the standard:

404.2.11 Vision Lights. Doors, gates, and side lights adjacent to doors or gates, containing one or more glazing panels that permit viewing through the panels shall have the bottom of at least one glazed panel located 43 inches (1090 mm) maximum above the finish floor.

The vision lights requirement are for ALL doors that require user passage unless the room beyond is excempted (like IT closets or other machinery spaces). Employee work area doors must have the ability to approach, enter and exit, therefore those doors into employee work areas like commercial kitchens will also have to comply.

During one of my inspections, I went to a restaurant and they had the door into the kitchen with vision lights higher than 43″ a.f.f. The owner was confused. It is not so simple to understand why this door would have to comply, but keep in mind that the ADA protects persons with disabilities from discrimination at the work place. If a person in a wheelchair gets hired as manager, the vision light allows them to see inside so they don’t get hit by the door. Be sure to specify one of the doors with the vision lights lower.

The picture above shows a commercial kitchen door with vision lights mounted higher than 43″ a.f.f. This is not compliant.

The picture above shows a commercial kitchen door with vision lights mounted lower than 43″ a.f.f. This is compliant.

Fixed or Built in elements

The ADA only deals with fixed or built in elements. At one of my inspections there was a break room with built in microwaves that were mounted higher than the allowable reach range. To solve the violation they added a microwave to the counter. This did not resolve the violation, because it is not a “built in” element and does not satisfy the requirement. Below is what the ADA states about what elements are scoped in the standards:

“Scope of coverage. The 1991 Standards and the 2010 Standards apply to fixed or built-in elements of buildings, structures, site improvements, and pedestrian routes or vehicular ways located on a site. Unless specifically stated otherwise, the advisory notes, appendix notes, and figures contained in the 1991 Standards and the 2010 Standards explain or illustrate the requirements of the rule; they do not establish enforceable requirements.”

The picture above built in microwaves mounted above the 48″ allowable reach range. They added a counter top microwave that was not built in. This does not alleviate the lack of reach range.

The picture above shows a recessed drinking fountain that is located in a corridor. But the leading edge still projects more than 4″ onto the circulation path and therefore was considered a violation of the protruding object rule

The drinking fountain projects 5″ ontothe circulation path

When is an elevator required?

This is the Ed Roberts Campus building in Berkley California

This is an example of a platform lift-there are restrictions on when you can use one

This is an example of an elevator. There are also exceptions one can take on what type of elevator you can use.

In the photo above, the retail store added a stair to connect to the story above. An elevator would have to be provided to connect to the second story. If there is already an elevator in the building outside the store, it is acceptable (although not advisable) to use that elevator. But if the building does not have an elevator, one must be provided inside the store.

ADA Section 206.2.3 EXCEPTION:

This is a two story shopping center. An elevator will be reqired to reach the second floor

This is a picture of a municipality office on the second floor which has less than 5 occupants in that floor.

Click here to view the introduction video to explain the requirements for alterations in the ADA

Introduction:

The picture above shows new flooring being installed. This is considered re-surfacing of a circulation path. This would meet the definition of alteration

The picture above shows a historic building that will be restored. This would meet the definition of alteration

The picture above shows a building that was damaged and will be re-constructed. This would meet the definition of alteration

The picture above shows a demolition plan that is removing walls which will essentially reconfigures the plan. This is an alteration

The ADA also tells us what is NOT an altertion:

(from definition) the Normal maintenance, reroofing, painting or wallpapering, or changes to mechanical and electrical systems are not alterations unless they affect the usability of the building or facility.

The picture above shows a sidewalk that has broken pieces. Correcting the sidewalk would be considered maintenance and not an alteration

Not all “finishes” are exempted from having to comply. Painting vertical surfaces is an example of a project that is not an alteration.

Finishes that affect the “usability” such as flooring will trigger compliance.

What is required when the project is an alteration?

202.4 Alterations Affecting Primary Function Areas.

What happens when we our project affects a primary function area?